Did a South Carolina register of deeds have statutory authority in 2009 to accept credit cards for recording fees and taxes?

Plain-English summary

Greenville County’s register of deeds asked in 2009 whether his office could accept credit cards for recording fees and taxes. The South Carolina Attorney General said he was unaware of any state statute expressly authorizing that payment method for a register of deeds. The credit-card statute he quoted named clerks of court, magistrates, and municipal judges, but not registers of deeds.

The opinion explained that South Carolina law sometimes referred to registers of deeds and clerks of court together when it intended to cover both. It also treated Greenville County’s register of deeds as a distinct office from the clerk of court. The letter identified no broader authority for the register and did not announce that every possible nonstatutory payment arrangement was unlawful.

Currency note

This opinion was issued in 2009. 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.

Common questions

Q: Did the AG identify a law letting registers of deeds take credit cards? A: No. The Attorney General said he knew of no statute expressly authorizing card payments for their recording fees and taxes.

Q: Why did the credit-card statute for clerks of court not settle the question? A: The opinion said that provision specifically named clerks, magistrates, and municipal judges. It treated the register of deeds as a separate office.

Q: Did the opinion resolve whether every card-payment method was unlawful? A: It did not. Its stated conclusion was that no express state statutory authorization for registers of deeds had been found.

Background and statutory framework

The Attorney General compared the card-payment provision for court officers with other statutes that expressly referred to both registers of deeds and clerks. In particular, S.C. Code Ann. § 30-5-10 distinguished Greenville’s register from clerks who performed register duties in other counties. The letter also reported that State Court Administration had sent no notice on whether registers could accept cards.

Citations and references

Statutes discussed: S.C. Code Ann. § 29-3-350 refers to registers of deeds and clerks of court together; S.C. Code Ann. § 30-5-10 distinguishes Greenville’s register from clerks elsewhere.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-13-2009/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/nanney-t-l-os-7709-7-13-09-credit-card-payments-for-recording-fees-taxes.pdf

Original opinion text

HENRY M CMASTER
ATIORNEY GENERAL

July 13, 2009

The Honorable Timothy L. Nanney
Register of Deeds, County of Greenville
301 University Ridge, Suite 1300
Greenville, South Carolina 29601
Dear Mr. Nanney:
In a letter to this office you questioned whether you as Register of Deeds may legally accept credit cards as payment for recording fees and taxes. Please be advised that I am unaware of any State statutes expressly authorizing the use of credit cards to pay recording fees and taxes in the office of the Register of Deeds. S.C. Code Ann.
§ 14-1-214(A) provides that
[c]Jerks of court, magistrates, and municipal court judges may: (1) accept payment by credit card or debit card of a fine, fee, assessment, court cost, or other surcharge; and (2) impose a fee for processing payment by credit card. Notwithstanding fees imposed by other provisions oflaw, the clerk of court, magistrate, and municipal court judge must impose a separate fee on the person making a payment by credit card that wholly offsets the amount of administrative fees charged to the court. As stated, such provision is specifically limited to clerks of court, magistrates and municipal court judges. Such provision contrasts with other provisions, such as S.C. Code Ann. § 29-3-350 referencing both registers of deeds and clerks or court, which states that
[a]ll registers of deeds and all clerks of court in counties in which the clerks are required to perform the duties of registers of deeds shall enter the word "canceled" ...upon the margin or across the indexes of real estate mortgages and chattel mortgages....

REMBERT c. D ENNIS BUILDING •

POST OFFICE Box 11549

• COLUMBIA, SC 292 11- 1549 • TELEPHONE 803-734-3970 • FACSIMILE 803-253-6283

The Honorable Timothy L. Nanney
Page2
July 13, 2009

See also: S.C. Code Ann. § 12-24-50 ("[t]he fee imposed by this chapter must be remitted to the clerk of court or the register of deeds .... "). Pursuant to S.C. Code Ann. § 30-5-10, the offices of clerk of court and register of deeds are distinguishable. As to Greenville County, such provision states that "[i]n every county in the State other than ... Greenville ... the duties prescribed by law for the register of deeds must be performed by the clerk of court who has all the powers and emoluments given the register of deeds in ... Greenville ... (County). (emphasis added). Therefore, the two offices are clearly separate. Additionally, I spoke with an individual in the State Court Administration and was advised that such office had not sent any notices regarding whether registers of deeds may accept credit cards as payment. With kind regards, I am, Very truly yours, Henry McMaster Attorney General

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By:

REVIEWED AND APPROVED BY:

Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General