Could Greenville County’s register of deeds satisfy a mortgage when a court order named the clerk of court?

Plain-English summary

Greenville County's register of deeds received an order from a master in equity directing the county clerk of court to satisfy a mortgage of record. The register asked whether the order had to be corrected to name the register. The Attorney General concluded in 2005 that the register was authorized to enter the satisfaction under the order as written.

The opinion relied on the division of recording duties in South Carolina. The recording-duty provision treated Greenville differently from counties where the clerk of court performed register of deeds duties. The AG read that provision with the statutes on recording mortgage satisfactions and concluded that satisfying Greenville mortgages generally was the register's job.

Currency note

This opinion was issued in 2005. 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

Did the order have to name Greenville's register of deeds?
The AG said the register was authorized to satisfy the mortgage even though the order named the clerk of court.

Why did the office named in the order differ from the office handling Greenville's mortgage records?
The opinion explained that clerks performed register duties in many counties, while Greenville had a separate register of deeds.

Did the AG address every defect a mortgage satisfaction order might contain?
No. He addressed the specific office-naming issue in the order presented to the register.

Background and statutory framework

The opinion quoted the provision on who performed register duties by county and § 14-17-280 on satisfying mortgages by judicial order. It also cited provisions on presenting and marking mortgage satisfactions. The conclusion was specific to Greenville County's register and the order described in the request.

Citations and references

• § 30-5- 10: county allocation of register duties as printed in the extracted source.
• § 14-17-280: recording satisfaction of a mortgage under a judge's order.
• § 29-3-330 and § 29-3-350: mortgage cancellation provisions cited in the opinion.

Official title

Referencing that an order has been received from a master in equity which states that “It is further ordered that the Clerk of Court for Greenville County satisfy of record that certain mortgage…”. Specifically, whether the order needs to specify the correct office or can the register of deeds comply with the order as written.

Requester

The Honorable Timothy L. Nanney, Register of Deeds, County of Greenville

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/november-23-2005/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/05nov23nanney.pdf

Original opinion text

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The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsn.R
AlTORNEY GENERAL

November 23, 2005

The Honorable Timothy L. Nanney
Register of Deeds, Greenville County
County Square
301 University Ridge, Suite 1300
Greenville, South Carolina 29601
Dear Mr. Nanney:

In a letter to this office you referenced that you have received an order from a master in equity which states that " It is further ordered that the Clerk of Court for Greenville County satisfy of record that certain mortgage.... " You have questioned whether the order needs to specify the correct office or can the register of deeds comply with the order as written. Consistent with S.C. Code Ann.§ 30-5- 10

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In 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). Pursuant to S.C. Code Ann.§ 14-17-280, The clerk or the register of deeds. as the case may be, in whose office any judgment or mortgage may be of record, on the receipt of the fees, shall permit any judgment creditor or his or her attorney or any mortgagee, as the case may be, to enter satisfaction thereof. Or if any judge shall order satisfaction of any such judgment or mortgage the clerk shall enter of record such satisfaction accordingly. (emphasis added). See also: S.C. Code Ann. § 29-3-330 (''Upon presentation to the office of the Register of Deeds the Register is directed to record pursuant to Section 29-3-330(e) and mark the mortgage

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REMllERTC.
O~BUUDJNG • POST0mcEBoxl l S49 • COLUMBIA,S.C. 29211-1549 • TELEPHONE: 803-7J4.-1Q70 • F•rmm• · Sll\1 . 'l<1 .:'lo 1 I • "'-. v-AT

The Honorable Timothy L. Nanney
Page2
November 23, 2005
satisfied ofrecord."); § 29-3-350 ("All 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", together with the signature of the officer, upon the margin or across the indexes of real estate mortgages and chattel mortgages, respectively, when the real estate mortgage or chattel mortgage is duly canceled of record by the mortgagee or his assignee."). Consistent with such, it is the duty of the Register of Deeds in Greenville County to satisfy mortgages generally. Therefore, in my opinion, as Register of Deeds, you would be authorized to satisfy the mortgages referenced in the order from the master in equity.

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Sincerely,

ct~e.rt/-1 /lt ~ Charles H. Richardson
Senior Assistant Attorney General

REVIEWED AND APPROVED BY: