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. 3 months (§29-3-310)
After a certified-mail request with the recording fees.
2. Penalty (§29-3-320)
Up to half the debt or $25,000, whichever is less, plus damages and fees.
3. Fee (§29-3-320)
Up to $25; none if the mortgagor records it.
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).
Related guides
ClosingCode adds a post-closing task to confirm the seller's paid-off mortgage release was recorded, with an owner and a due date.
Start free trialSource: 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.