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South Carolina · S.C. Code §§29-3-310, -320South Carolina mortgage satisfaction: the 3-month rule and the penalty

In South Carolina, a holder of record of a mortgage that has received full payment must enter satisfaction in the proper office within three months after a request – sent by certified mail or another delivery with proof of delivery – from the mortgagor, a purchaser, or anyone else with an interest in the property, together with tender of the recording fees; the satisfaction forever discharges the mortgage (S.C. Code §29-3-310). A holder that doesn't forfeits to the person aggrieved up to one-half of the debt secured or $25,000, whichever is less, plus actual damages, costs and attorney's fees in the court's discretion, and the court orders the satisfaction entered (§29-3-320). The holder may charge a reasonable fee of up to $25 for processing and recording the satisfaction; if the mortgagor says it will file the satisfaction itself, the holder mails or delivers the satisfied mortgage with no fee (§29-3-320).

The rules

  1. 1. 3 months (§29-3-310)

    After a certified-mail request with the recording fees.

  2. 2. Penalty (§29-3-320)

    Up to half the debt or $25,000, whichever is less, plus damages and fees.

  3. 3. Fee (§29-3-320)

    Up to $25; none if the mortgagor records it.

  4. 4. Effect (§29-3-310)

    Satisfaction forever discharges the mortgage.

What the TC can do

  • Note the payoff date – the statutory clock runs from it or from the written request.
  • Calendar a check of the county records for the recorded release.
  • If it's missing, send the written request in the form the statute requires and keep proof of delivery.

Questions about South Carolina mortgage releases

How long does a South Carolina lender have to satisfy a paid mortgage?

Three months after a certified-mail (or proof-of-delivery) request with tender of the recording fees (S.C. Code §29-3-310).

What's the South Carolina penalty for not satisfying a mortgage?

Up to half the debt or $25,000, whichever is less, plus actual damages, costs and attorney's fees (§29-3-320).

Can a South Carolina lender charge to satisfy a mortgage?

A reasonable fee up to $25 – and none if the mortgagor records the satisfaction itself (§29-3-320).

ClosingCode adds a post-closing task to confirm the seller's paid-off mortgage release was recorded, with an owner and a due date.

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Source: South Carolina Code §§29-3-310 and 29-3-320 (scstatehouse.gov, read October 26, 2026).

General information, not legal advice. Penalties are enforced in court; ask a local attorney before demanding one. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.