What is South Carolina's law on recording priority (race-notice)?

South Carolina is a race-notice state. (S.C. Code § 30-7-10)

South Carolina law

Real Estate Laws in South Carolina.

South Carolina real estate practice covers deeds, title, residential seller disclosures, homestead, and foreclosure. South Carolina is a JUDICIAL foreclosure state — all mortgage foreclosures must proceed through the Master-in-Equity (or Court of Common Pleas) with judicial oversight. Foreclosure typically takes 6-12 months. South Carolina requires attorney involvement in real-estate closings (State v. Buyers Service Co., 292 S.C. 426 (1987) — the distinctive "attorney closing rule"). South Carolina has a detailed Residential Property Condition Disclosure Act.

Last verified: 2026-04-17

State law

Key South Carolina Statutes

Judicial ForeclosureS.C. Code § 29-3-10 et seq.

All South Carolina mortgage foreclosures are judicial. Typically heard by the county Master-in-Equity. Requires filing of summons and complaint, service, judgment of foreclosure, and referee's sale.

Attorney Closing RuleState v. Buyers Service Co., 292 S.C. 426, 357 S.E.2d 15 (1987)

South Carolina requires a licensed South Carolina attorney to oversee real-estate closings. Non-attorney title companies may not conduct closings. A distinctive pro-consumer protection.

Right of RedemptionS.C. Code § 29-3-680

No statutory post-sale right of redemption for most foreclosures after the sale is confirmed. Certain deficiency-judgment and upset-bid windows apply prior to confirmation.

Residential Property Condition Disclosure ActS.C. Code § 27-50-10 et seq.

Sellers of residential real property must provide a detailed Residential Property Condition Disclosure Statement covering structural, systems, environmental, and other material conditions.

Mechanics' LiensS.C. Code § 29-5-10 et seq.

Contractors, subcontractors, and suppliers may file mechanics' liens against improved real property. Filing deadline: 90 days from last furnishing.

Homestead ExemptionS.C. Code § 15-41-30

Homestead protects up to $71,050 of equity (2024, indexed biennially) in the debtor's primary residence. Higher amount for joint owners.

Recording Priority (Race-Notice)S.C. Code § 30-7-10

South Carolina is a race-notice state.

State law

Official Sources

South Carolina Code of Laws SC Real Estate Commission

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in South Carolina.

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Real Estate Laws in South Carolina.

Key South Carolina Statutes

Official Sources

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