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#2249286 - 02/17/21 01:28 PM Add mortgage satisfaction fee to payoff quote
Cowboys Fan Offline
Power Poster
Joined: Dec 2002
Posts: 4,597
SC
Does anyone know of any reason a SC bank cannot add the recording fee to a payoff quote? We want to begin collecting the exact amount that we remit to the county for the release. Thank you.
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#2249398 - 02/18/21 10:52 PM Re: Add mortgage satisfaction fee to payoff quote Cowboys Fan
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 78,948
Galveston, TX
As long as it is not more than $25 it appears.

Section 29-3-320: Liability for Failure to Enter Satisfaction

Any holder of record of a mortgage having received such payment, satisfaction, or tender as aforesaid who shall not, by himself or his attorney, within three months after such certified mail, or other form of delivery, with a proof of delivery, request and tender of fees of office, repair to the proper office and enter satisfaction as aforesaid shall forfeit and pay to the person aggrieved a sum of money not exceeding one-half of the amount of the debt secured by the mortgage, or twenty-five thousand dollars, whichever is less, plus actual damages, costs, and attorney's fees in the discretion of the court, to be recovered by action in any court of competent jurisdiction within the State. And on judgment being rendered for the plaintiff in any such action, the presiding judge shall order satisfaction to be entered on the judgment or mortgage aforesaid by the clerk, register, or other proper officer whose duty it shall be, on receiving such order, to record it and to enter satisfaction accordingly.

Notwithstanding any limitations under Sections 37-2-202 and 37-3-202, the holder of record of the mortgage may charge a reasonable fee at the time of the satisfaction not to exceed twenty-five dollars to cover the cost of processing and recording the satisfaction or cancellation. If the mortgagor or his legal representative instructs the holder of record of the mortgage that the mortgagor will be responsible for filing the satisfaction, the holder of the mortgage shall mail or deliver the satisfied mortgage to the mortgagor or his legal representative with no satisfaction fee charged.
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#2249422 - 02/19/21 02:06 PM Re: Add mortgage satisfaction fee to payoff quote Cowboys Fan
Cowboys Fan Offline
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Joined: Dec 2002
Posts: 4,597
SC
Thank you Randy.
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