Page 44 - State Law Summary of Mechanic's Lien Law

South Carolina SC

What is the statutory authority?
S.C. Code Ann. § 29-5-10 et. seq.
What is the Attachment Date of the Mechanic’s Lien?
Lien attaches as of the date the claimant files a statement of account. S.C. Code
Ann. § 29-5-70.

For information on filing of a statement of account, see S.C. Code Ann. § 29-5-90.

What constitutes visible commencement of construction?
There is no visible commencement rule in South Carolina.

What is the priority of the insured construction mortgage/
deed of trust?
Mortgage recorded before any claimant files a statement of account has priority
over mechanic’s liens. S.C. Code Ann. § 29-5-70. However, any future advances
made under a previously recorded mortgage after the claimant records and
serves a statement of account on the lender are junior to the claimant’s lien. S.C.
Code Ann. §§ 29-3-50(A) and 29-5-70.

If priority of the insured mortgage/deed of trust is lost, is there a
statutory procedure to regain priority?
No.
When does a mechanic’s lien have to be filed for claimant to maintain
lien rights?
The lien must be filed within 90 days after the person ceases to labor or furnish
materials for the building of structure. Minor work, such as punch list or warranty
work will restart the 90-day period for filing a lien .S.C. Code Ann. §29-5-90.

What is the period of enforcement of a filed mechanic’s lien?
Unless a suit for enforcing the lien is commenced and notice of pendency of the
action is filed within six months after the person desiring to avail himself of it
ceases to labor on or furnish labor or material for the building or structure, the lien
must be dissolved. S.C. Code Ann. § 29-5-120.

Is there a procedure to bond over the mechanic’s lien(s)?
An owner or any interested party may discharge the lien by filing a written
undertaking in the amount of 1 1/3 times the lien amount secured by a pledge of
U.S. or South Carolina securities, a cash deposit or a surety bond from a licensed
surety company. The undertaking must be filed with the clerk of court or register
of deeds. S.C. Code Ann. § 29-5-110.
Are the ALTA 32/33 Series Endorsements available for the Loan Policy?
Yes.

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