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The Real Estate Department at the County Clerk's Office in Newberry County is responsible for filing and maintaining all legal documents that pertain to real property located in the county. These documents may consist of deeds, easements, mortgages, and other instruments pertaining to real property.
Recording Fees
Deed: $15 + deed tax (see below)
Agreement, Amendment, some Assignments, Contract, Declaration, Dissolution, Easement, Lease, Mortgage, Restrictive Covenant, UCC Document, Waiver: $25
Affidavit, Article, some Assignments, Mechanics Lien, Release: $10
Unless the document is exempt, both state and county taxes are due upon recording. State documentary stamps are $1.30 per $500, and county documentary stamps are $0.55 per $500, rounding up the per $500 to the nearest whole number. Consult the deed stamps table under supplemental forms for specific amounts.
Exempt affidavits are required on deeds with no consideration.
Call the Newberry County clerk of court directly if you have more questions about recording fees or deed stamps.
Document Formatting Requirements
* Submit documents on 8.5 x 11 inch white paper or 8.5 x 14 inch white paper. Use black or dark blue ink for documents in a font size of at least 12 point. Do not use highlighting.
* At the top and bottom of all pages, provide a 1.5 inch margin for the placement of the recording stamp.
* Two witnesses are required for deeds. A South Carolina Probate or acknowledgment is required.
* Corresponding names must be typed underneath signatures to allow for proper indexing. Names will be indexed as they appear underneath signatures.
* Do not include personal identification numbers or account numbers on documents. This is for security purposes.
* If submitting multiple documents, present them in the order they are to be recorded.
* The grantor must sign the document and the name and address of the grantee must be provided.
* Provide a legal description of the real property. This can include a plat book and page or a metes and bounds description. Additionally, provide a tax map number for the property.
* All deeds conveying an interest in land and all mortgages of real estate executed after July 1, 1976, must include a derivation clause in the property description .When the grantor's title was acquired by deed, the derivation clause must include the name of the grantor and the recording date of that deed. However, when the deed of derivation has been simultaneously executed and delivered and has not then been recorded it is sufficient to set forth in the deed the name of the grantor of the deed of derivation, the date, and that it is to be recorded. When the grantor's title was obtained by inheritance or devise, the derivation clause must include the name of the person from whom the title was acquired, the approximate date of acquisition, and, in the case of property acquired under a probated will or administered estate, the probate court in which such estate was filed. Do not leave any blanks in the derivation clause. However, a derivation clause is not required on property devoted to a utility or railroad purpose of any private or public utility or railroad. Further, a derivation clause is not required on a quit claim or non-warranty deed of real property.
* Before any deed of conveyance of real property, including timber deeds, leases, and conveyances of timber, can be recorded, it must have an endorsement by the county auditor.
AFFIDAVIT
When recording a deed, an affidavit showing the value of the realty needs to be filed. If the deed is exempt, the value is not required to be stated on the affidavit, but the affidavit must state the reason for exemption.
The affidavit must be signed by a responsible person connected with the transaction, and the affidavit must state the connection. The register of deeds may waive the affidavit requirement at her discretion.
The total consideration paid should be indicated on the face of the deed. If the amount paid is not indicated, or has the words "in other consideration" or if a trade of property is involved, an Affidavit of True Consideration must be attached in order to reflect the actual value of the transaction.
A quit claim deed is subject to documentary stamps if there is a consideration paid. An affidavit of exempt transfers is required.
EFFECT OF RECORDING: A document must be recorded in order to be valid as to subsequent purchasers and to establish a chain of title.