Detailed Answer
When you need to verify all individuals with an interest in real property in South Carolina, you must collect specific information and documentation for each party. This process ensures valid conveyance and protects buyers, lenders, and title insurers. Below is an overview of requirements under South Carolina law.
1. Natural Persons
Under SC Code Ann. §27-19-50, any individual granting or acknowledging a deed must appear before a notary and prove identity with one of the following:
- Valid South Carolina driver’s license or state-issued photo ID
- U.S. passport
- Other government-issued photo identification
The notary records the type of ID, issuing agency, and serial number in the notary journal. For full text, see SC Code Ann. §27-19-50.
2. Business Entities
When an entity owns or conveys property, you must verify both the entity’s existence and the authority of the signing officer or manager:
- Certificate of Existence (Good Standing) from the South Carolina Secretary of State. See SC Code Ann. §33-2-610: Read statute.
- Certified copy of the entity’s formation documents (e.g., Articles of Incorporation, Certificate of Organization).
- Corporate resolution, LLC operating agreement, or power of attorney authorizing the individual to sign real estate documents on behalf of the entity.
- Photo ID of the signing individual, as noted for natural persons above.
3. Trusts
For property held in trust, South Carolina’s Uniform Trust Code allows trustees to issue a Certificate of Trust under SC Code Ann. §62-7B-807. This document should include:
- Name and date of the trust
- Identity of current trustee(s)
- Description of the trustee’s powers regarding real property
- Statement that the trust remains in effect without any material amendment or termination (unless amendments are described)
Link to statute: SC Code Ann. §62-7B-807.
4. Spousal Joinders and Guardianship
If a spouse holds a dower interest, South Carolina law may require the spouse to join in the conveyance. That spouse must appear before a notary, present valid photo ID, and sign a joinder or waiver document.
When a guardian or conservator conveys property for a minor or incapacitated person, you need certified letters of guardianship/conservatorship from the probate court plus the guardian’s photo ID.
Helpful Hints
- Double-check ID expiration dates before the signing date.
- Order entity certificates of existence online via the South Carolina Secretary of State’s website.
- Verify trust documents do not disclose confidential terms while meeting statutory requirements.
- Maintain a clear notary journal entry for each acknowledgment, recording date, time, and form of ID.
- Consult title insurance companies early to confirm any additional requirements or local custom variations.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney or title professional for guidance tailored to your situation.