May a register of deeds refuse to record a “Copyright Notice and Self-Executing Agreement”?

Plain-English summary

The Attorney General said a “Copyright Notice and Self-Executing Agreement” did not appear to be a document ordinarily authorized for recording in the register of deeds office and might qualify as sham legal process. Under the statute described in the opinion, the register could refuse a document reasonably believed to be materially false, fraudulent, or sham. The office also emphasized that if the filer resubmitted it within ten business days with the required sworn affidavit identifying the connected parties and asserting validity, the register had to accept it for filing.

Currency note

This opinion was issued in 2003. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Registers of deeds

The opinion reviewed the kinds of property-related papers a register keeps and the statutory authority to refuse apparently false, fraudulent, or sham documents. Its assessment of this particular notice was tentative.

People presenting documents

The opinion highlighted a statutory resubmission procedure: a sworn affidavit within ten business days asserting validity and providing identity and contact information for the parties required acceptance for filing.

Common questions

Did the AG definitively declare the document fraudulent?
No. It said the document might be construed as sham legal process.

Could a refused document be resubmitted?
Yes, under the sworn-affidavit procedure described in the opinion.

Background and statutory framework

Greenville's register of deeds asked about a copy of a specific notice. The opinion interpreted the register's record-keeping and refusal provisions and the definition of sham legal process.

Citations and references

The opinion discussed S.C. Code Ann. § 30-9-30(A), (B)(1), and (B)(4)(a).

Official title

Questioning whether a document, titled “Copyright Notice and Self-Executing Agreement” is a proper document for filing in the register of deeds office.

Requester

The Honorable Judy G. Hix, Register of Deeds, County of Greenville

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-18-2003-2/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/03/03aug-18-Hix.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
H ENRY M c MAsTER
ATIORNEY GENERAL

August 18, 2003

L
I

The Honorable Judy G. Hix
Register of Deeds
County of Greenville
301 University Ridge, Suite 1300
Greenville, South Carolina 29601-3655
Dear Ms. Hix:
In a letter to this office you questioned whether a document, a copy of which you forwarded to this office titled "Copyright Notice and Self-Executing Agreement" is a proper document for filing in your register of deeds office. Pursuant to S.C. Code Ann. Section 30-930(A) (Supp. 2002), a register of deeds " .. .shall keep a record, in the office in which he files all conveyances, mortgages, judgments, liens, contracts, and papers relating to real and personal property required by statute to be kept by him .... " I have reviewed the document and it does not appear to be within the type document typically authorized for filing in your office. Moreover, S.C. Code Ann. Section 30-930(B)( 1) (Supp. 2002) provides that if an individual presents a document to the register of deeds office for filing or recording, that office " ... may refuse to accept the document for filing or recording if... (the register of deeds) ... reasonably believes that the ... document is materially false or fraudulent or is a sham legal process." The term "sham legal process" is defined by S.C. Code Ann. Section 30-9-30(B)(4)(a) as " ... a document that is not issued lawfully and that purports to be a judgment, lien or order of a court or appropriate government entity, or otherwise purports to assert jurisdiction over or determine the legal or equitable status, rights, chities, powers, or privik gc:; oi a person or property.'' Base<l Llpon my .:-cview of the referenced document, it appears that it might be construed as sham legal process. However, I would caution that Section 30-9-30(B)(l ) further provides that " .. .if the person presenting the ... document to the ... register of deeds resubmits the document within ten business days after the refusal with a sworn, written affidavit asserting the validity of the document and

J, -

-~ ~c. D:NNJs 8 UllJ)ING.

PosT 0 FFICEBox ll 549. COLUMBL~ . s . C.292 11-1 5 4 9

. TELEPHONE: 803-73 4-3970 .

FACSIM!LE: 803-253-6283

The Honorable Judy G. Hix
Page2
August 18, 2003
establishing the identity, mailing address, and phone number of all parties connected to the document, the ... register of deeds must accept the document for filing." With kind regards, I am,

L
I

Very truly yours,

Charles H. Richardson
Senior Assistant Attorney General