Nothing provided in this title prevents the release of a portion of any mortgaged interest in real property from the lien of the mortgage by any instrument in writing duly executed in the presence of one or more witnesses and duly probated, the release to be executed by the owner or holder of the lien or his duly authorized representative as will appear by the record of the original instrument or of any assignment thereof. If the release is written upon or attached to the original mortgage no probate thereof is required.
S.C. Code Ann. § 29-3-470
Release of portion of mortgaged premises
Applied in 1 court decision — leading case In re Crump (2015)
Most recently applied in In re Crump (April 2015)
1962 Code SECTION 45-76; 1952 Code SECTION 45-76; 1942 Code SECTION 8702; 1932 Code SECTION 8702; 1924 (33) 929; 1925 (34) 83; 1930 (36) 1283; 1940 (41) 1844; 1988 Act No. 494, …
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.