Mechanics Lien Release

MECHANICS' LIEN RELEASE

State of South Carolina

Pursuant to S.C. Code Ann. Title 29, Chapter 5

TABLE OF CONTENTS

1. Full Release of Mechanics' Lien
2. Partial Release of Mechanics' Lien
3. Release by Surety Bond
4. Demand for Release of Mechanics' Lien
5. Petition to Discharge Mechanics' Lien
6. Recording Instructions
7. Statutory Reference Table
8. Practitioner Notes

1. FULL RELEASE OF MECHANICS' LIEN

SATISFACTION AND RELEASE OF MECHANICS' LIEN

Recording Requested By:
[________________________________]

When Recorded, Return To:
[________________________________]
[________________________________]
[________________________________]

Cross-Reference: Book [____], Page [____], [________________________________] County RMC Office

STATE OF SOUTH CAROLINA
COUNTY OF [________________________________]

KNOW ALL PERSONS BY THESE PRESENTS:

Lien Claimant Information:

Property Owner Information:

Property Description:

Original Lien Information:

Release Declaration:

The undersigned Lien Claimant, for and in consideration of the sum of $[________________________________] ("Release Amount"), receipt of which is hereby acknowledged, does hereby fully, finally, and unconditionally release, satisfy, cancel, and discharge the mechanics' lien described above, recorded in the office of the Register of Mesne Conveyances / Clerk of Court for [________________________________] County, South Carolina.

This release constitutes a full and complete satisfaction of all claims, demands, and amounts secured by the above-referenced mechanics' lien, including all principal, interest, costs, and attorney's fees.

The Claimant warrants that:

☐ The Claimant is the original lien claimant or authorized assignee
☐ Full payment of $[________________________________] has been received and deposited
☐ The lien has not been previously assigned or transferred
☐ No other person or entity has any claim or interest in this lien
☐ The Claimant has authority to execute this satisfaction and release

The Claimant hereby authorizes and requests the Register of Mesne Conveyances / Clerk of Court for [________________________________] County to record this Satisfaction and Release and to note the same on the margin or index of the original statement of lien.

IN WITNESS WHEREOF, the undersigned has executed this Satisfaction and Release on [__/__/____].

LIEN CLAIMANT:

Signature: ______________________________
Printed Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

If Claimant is an Entity:

Entity Name: [________________________________]
State of Organization: [________________________________]
By: ______________________________
Name: [________________________________]
Title: [________________________________]

ACKNOWLEDGMENT

State of South Carolina
County of [________________________________]

Before me, the undersigned Notary Public, personally appeared [________________________________], who, being duly sworn, states that he/she is the person described in and who executed the foregoing instrument, and acknowledges that he/she executed the same as his/her free act and deed.

Sworn to and subscribed before me this [____] day of [________________], 20[____].

Notary Public for South Carolina: ______________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

2. PARTIAL RELEASE OF MECHANICS' LIEN

PARTIAL SATISFACTION AND RELEASE OF MECHANICS' LIEN

Recording Requested By:
[________________________________]

When Recorded, Return To:
[________________________________]
[________________________________]

Cross-Reference: Book [____], Page [____]

STATE OF SOUTH CAROLINA
COUNTY OF [________________________________]

Lien Claimant: [________________________________]
Property Owner: [________________________________]
Property Address: [________________________________], South Carolina

Original Lien Information:

Partial Release Declaration:

The undersigned Lien Claimant, in consideration of the partial payment of $[________________________________], receipt of which is hereby acknowledged, does hereby release and discharge a portion of the mechanics' lien described above.

Lien Reduction Summary:

The remaining lien amount of $[________________________________] shall continue to encumber the above-described property and shall remain in full force and effect until satisfied or otherwise discharged.

Reason for Partial Release:

☐ Partial payment received for completed work
☐ Resolution of disputed portion; remainder still in dispute
☐ Release of specific parcel(s) from multi-parcel lien
☐ Court-ordered partial release
☐ Other: [________________________________]

IN WITNESS WHEREOF, the undersigned has executed this Partial Release on [__/__/____].

Signature: ______________________________
Printed Name: [________________________________]
Title: [________________________________]

ACKNOWLEDGMENT

State of South Carolina
County of [________________________________]

Before me personally appeared [________________________________], who acknowledged that he/she executed the foregoing instrument as his/her free act and deed.

Notary Public for South Carolina: ______________________________
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

3. RELEASE BY SURETY BOND

Release of Mechanics' Lien by Written Undertaking and Security

Pursuant to S.C. Code Ann. 29-5-110

IN THE COURT OF COMMON PLEAS
[________________________________] JUDICIAL CIRCUIT
[________________________________] COUNTY, SOUTH CAROLINA

APPLICATION FOR RELEASE OF MECHANICS' LIEN UPON FILING OF WRITTEN UNDERTAKING AND SECURITY

The Applicant, [________________________________], respectfully represents to this Court:

1. The Lien Claimant, [________________________________], filed and served a statement of mechanics' lien against the Applicant's property on [__/__/____], recorded in Book [____], Page [____], in the office of the Register of Mesne Conveyances / Clerk of Court for [________________________________] County.

2. The property affected is located at [________________________________], South Carolina.

3. The lien claims the amount of $[________________________________].

4. Pursuant to S.C. Code Ann. 29-5-110, the Applicant desires to secure discharge of the property from the lien by filing a written undertaking.

Bond Amount Calculation (One and One-Third Times Lien Amount):

5. The security is provided in the form of (select one):

☐ Surety bond executed by [________________________________], a surety company licensed to do business in South Carolina
☐ Pledge of United States securities in the amount of $[________________________________]
☐ Pledge of State of South Carolina securities in the amount of $[________________________________]
☐ Cash deposit in the amount of $[________________________________]

WHEREFORE, the Applicant requests that:

(a) The Court accept the attached written undertaking and security;
(b) The lien be immediately discharged from the real property; and
(c) The surety bond or other security be substituted for the property as security for the lien claim.

Respectfully submitted,

______________________________
Attorney for Applicant
[________________________________]
S.C. Bar No. [________________________________]

SURETY BOND / WRITTEN UNDERTAKING FOR LIEN RELEASE

Pursuant to S.C. Code Ann. 29-5-110

Bond No.: [________________________________]

KNOW ALL PERSONS BY THESE PRESENTS:

That [________________________________] ("Principal") and [________________________________] ("Surety"), a corporation duly authorized and licensed to do business in the State of South Carolina, are held and firmly bound unto [________________________________] ("Obligee/Lien Claimant") in the penal sum of $[________________________________] (being one and one-third times the amount claimed in the statement of lien), for the payment of which we bind ourselves jointly and severally.

CONDITION OF THIS BOND:

WHEREAS, the Obligee has filed a statement of mechanics' lien against property of the Principal at [________________________________], South Carolina, claiming the sum of $[________________________________]; and

WHEREAS, the Principal desires to secure the discharge of the property from said lien pursuant to S.C. Code Ann. 29-5-110;

NOW, THEREFORE, the condition of this obligation is such that if the Principal shall satisfy any judgment that may be rendered in favor of the Obligee in a suit to enforce the lien claim, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.

This bond shall be null and void if no suit for enforcement of the lien is commenced within the time required by S.C. Code Ann. 29-5-120, and the Principal shall have the right to have it canceled.

Principal: ______________________________
Surety: ______________________________
Date: [__/__/____]

[SURETY CORPORATE SEAL]

4. DEMAND FOR RELEASE OF MECHANICS' LIEN

[Owner/Attorney Letterhead]

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[________________________________]
[________________________________]
[________________________________]

RE: DEMAND FOR SATISFACTION AND RELEASE OF MECHANICS' LIEN
Property: [________________________________], [________________________________] County, South Carolina
Lien Recording: Book [____], Page [____], [________________________________] County RMC/Clerk of Court
Date Filed: [__/__/____]

Dear [________________________________]:

This letter is a formal demand for the immediate satisfaction and release of the mechanics' lien you filed against the above-referenced property.

Basis for Demand:

☐ Full Payment Made. The Property Owner has paid in full the amount claimed under the statement of mechanics' lien. The sum of $[________________________________] was paid on [__/__/____] via [________________________________]. You are required to execute and record a satisfaction of the lien.

☐ Lien Has Expired Under S.C. Code Ann. 29-5-120. The lien claimant failed to commence suit to enforce the lien within six (6) months from the date the statement of lien was filed and served, as required by S.C. Code Ann. 29-5-120. The statement of lien was filed on [__/__/____], and no suit has been commenced. The lien is therefore dissolved by operation of law.

☐ Lien Was Improperly Filed. The statement of mechanics' lien is defective because: [________________________________]

☐ Other Basis: [________________________________]

Legal Consequences of Failure to Release:

Under South Carolina law, if you fail to provide a satisfaction of the lien after full payment, or if you maintain an expired or invalid lien, the Property Owner will:

1. File an action in the Court of Common Pleas to compel satisfaction and release;
2. Seek an affidavit of release pursuant to applicable procedures;
3. Seek recovery of costs, attorney's fees, and any damages caused by the wrongful lien; and
4. Pursue all other available legal remedies.

You are demanded to execute and file a satisfaction and release within fifteen (15) days of receipt of this letter.

Sincerely,

______________________________
[________________________________]
Phone: [________________________________]

5. PETITION TO DISCHARGE MECHANICS' LIEN

IN THE COURT OF COMMON PLEAS
[________________________________] JUDICIAL CIRCUIT
[________________________________] COUNTY, SOUTH CAROLINA

PETITION TO COMPEL SATISFACTION AND RELEASE OF MECHANICS' LIEN

The Petitioner, [________________________________], by and through undersigned counsel, respectfully petitions this Court to order the satisfaction, release, and discharge of a mechanics' lien and states as follows:

I. PARTIES

1. Petitioner is the owner of real property located at [________________________________], [________________________________] County, South Carolina.

2. Respondent is the party who filed a statement of mechanics' lien against the Petitioner's property.

II. BACKGROUND

3. On or about [__/__/____], Respondent filed a statement of mechanics' lien claiming the sum of $[________________________________], recorded in Book [____], Page [____], in the office of the Register of Mesne Conveyances / Clerk of Court for [________________________________] County.

4. The lien was served upon the Petitioner on [__/__/____].

5. The lien should be discharged for the following reason(s):

☐ Full Payment. The Petitioner has paid the Respondent the full amount claimed. Payment of $[________________________________] was made on [__/__/____].

☐ Expiration Under 29-5-120. The Respondent failed to commence suit to enforce the lien within six (6) months of filing and service. The statement was filed on [__/__/____] and served on [__/__/____]. No enforcement suit has been commenced. The lien is dissolved and released as a matter of law.

☐ Defective Lien. The statement of lien is defective because: [________________________________]

☐ Bond Posted. The Petitioner has filed a written undertaking and security in the amount of $[________________________________] pursuant to S.C. Code Ann. 29-5-110, which discharges the property.

☐ Attorney Affidavit. The Petitioner's attorney submits an affidavit establishing that [six months have passed since the lien attached and no suit or notice of pendency has been filed / the lien claimant failed to take timely action required by statute].

III. LEGAL BASIS

6. Under S.C. Code Ann. 29-5-120, a mechanics' lien is dissolved and released if suit for enforcement is not commenced within six months from the date of filing and service.

7. A mechanics' lien may be released by: (a) court order; (b) written affidavit of the lien holder's attorney; or (c) written affidavit from the property owner's attorney establishing statutory grounds.

IV. RELIEF REQUESTED

WHEREFORE, the Petitioner requests:

(a) An order compelling satisfaction and release of the mechanics' lien;
(b) An order directing the Register of Mesne Conveyances / Clerk of Court to enter satisfaction on the record;
(c) An award of costs and attorney's fees;
(d) Such other relief as the Court deems just and proper.

Respectfully submitted,

______________________________
Attorney for Petitioner
[________________________________]
S.C. Bar No. [________________________________]
[________________________________]
Phone: [________________________________]

VERIFICATION

I, [________________________________], being duly sworn, state that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge and belief.

______________________________
Petitioner

Sworn to before me this [____] day of [________________], 20[____].

______________________________
Notary Public for South Carolina
My Commission Expires: [__/__/____]

6. RECORDING INSTRUCTIONS

South Carolina Lien Release Recording Guide

Recording Office: Register of Mesne Conveyances (RMC) in most counties; Clerk of Court in counties without a separate RMC office.

Note: South Carolina has 46 counties. Most larger counties (Charleston, Richland, Greenville, etc.) have a separate Register of Mesne Conveyances office. Smaller counties use the Clerk of Court.

Counties With Separate RMC Offices (partial list):
Charleston, Richland, Greenville, Spartanburg, Lexington, Horry, York, Berkeley, Dorchester, Anderson, Beaufort, Aiken

Recording Requirements:

☐ Original signed satisfaction/release document
☐ Notarized acknowledgment (sworn before a Notary Public for South Carolina)
☐ Recording fee (verify current fee with county office)
☐ Cross-reference to original lien recording (Book/Page)
☐ Property description consistent with original lien statement
☐ Return address on the document

Document Format Requirements:

• Paper size: 8.5" x 11"
• Margins: Minimum 1" on all sides; leave space at top of first page for recording information
• Ink: Black ink for signatures
• Font: Legible typeface, minimum 10-point
• County and state clearly identified
• Cross-reference to original recording

7. STATUTORY REFERENCE TABLE

South Carolina Mechanics' Lien Statutes and Deadlines

Key Deadlines Summary

Bond Security Options Under S.C. Code 29-5-110

8. PRACTITIONER NOTES

South Carolina-Specific Considerations

Register of Mesne Conveyances System:
South Carolina is one of few states that uses a "Register of Mesne Conveyances" (RMC) for recording real property documents. Not all counties have a separate RMC; in smaller counties, the Clerk of Court serves this function. Always verify the correct recording office for the county before filing.

Six-Month Enforcement Window:
Under S.C. Code 29-5-120, the lien claimant must commence suit to enforce the lien within six months from the date the statement was filed and served. If no suit is filed within this period, the lien is "dissolved and released" by operation of law. This is a strict deadline.

Bond Amount -- One and One-Third:
The bond amount required under S.C. Code 29-5-110 is one and one-third times (133.3%) the amount claimed in the lien statement. This is lower than many states that require 150% or 200%. The bond immediately discharges the property upon filing, and the lien transfers to the bond.

Multiple Methods of Release:
South Carolina law provides several methods to release a mechanics' lien:

1. Voluntary satisfaction by the lien claimant after payment
2. Filing a surety bond / written undertaking under 29-5-110
3. Court order upon petition
4. Attorney affidavit establishing statutory grounds (expired deadline, etc.)
5. Automatic dissolution after six months without suit

Lis Pendens:
If the lien claimant files suit and records a lis pendens, the release of the mechanics' lien does not automatically cancel the lis pendens. A separate order or cancellation of lis pendens may be required.

Relation-Back Doctrine:
South Carolina mechanics' liens relate back to the date of "visible commencement of operations" on the site. This is relevant because any release terminates the priority that attached at that earlier date.

Attorney Affidavit for Release:
South Carolina provides a streamlined process where an attorney's affidavit can serve as a basis for releasing a mechanics' lien, without a full court hearing. This is available when: (a) six months have passed since the lien was attached and no suit has been filed; or (b) the lien claimant failed to take some other timely action required by statute.

This template is provided for informational purposes only and does not constitute legal advice. Consult a qualified South Carolina attorney before use. Laws and procedures are subject to change; verify all statutory citations against current law.

Last Updated: 2026-03-05