1. (A) Commencing nine months following the effective date of this article, the Department of Motor Vehicles must retire the title certificate to the manufactured home upon receipt of the following:

   1. (1) a clocked and stamped copy of the Manufactured Home Affidavit for the Retirement of Title Certificate filed with the Register of Deeds or Clerk of Court;
   2. (2) the title certificate for the manufactured home, with either a release of lien or the consent of any secured party to the retirement of the title certificate indicated in writing on the title certificate by each secured party which authorizes the department to cancel its record of any lien as if it had been released. The release of lien may be accomplished by the appropriate notation on the title certificate or by an affidavit on the form provided in this article. Any licensed attorney admitted to practice in this State who can provide proof of payment of funds by evidence of payment made payable to a secured party or other party entitled to receive payment may record or cause to be recorded an affidavit duly executed in the presence of two witnesses and probated or acknowledged which states that full balance or payoff amount of the lien or other instrument securing the payment of money and being a lien upon the manufactured home has been made and that evidence of payment from the secured party exists. This affidavit, duly recorded in the appropriate county, shall serve as notice of satisfaction of the security interest and release of the lien upon the manufactured home. The filing of the affidavit with the department shall be sufficient to satisfy, release, or discharge the lien. This item may not be construed to require an attorney to record an affidavit or to create liability for failure to file the affidavit. The licensed attorney signing the affidavit which is false is guilty of perjury in violation of Section 16-9-10 and shall be liable for damages that any person may sustain as a result of the false affidavit, including reasonable attorney's fee incurred in connection with the recovery of the damages;
   3. (3) a receipt demonstrating payment of the most recently billed property taxes for the manufactured home; and
   4. (4) payment of a fee established by the department not to exceed fifty dollars for retirement of the title certificate and, notwithstanding any other provision of law, the fee collected by the department must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the department in administering this article.

2. (B) The affidavit referred to in subsection (A) must be as follows:

   1. (1) The undersigned is a licensed attorney admitted to practice in the State of South Carolina.

   2. (2) With respect to the security interest given by ______________________ to__________________________ and dated _____________________________:

      1. (a) [ ] that the undersigned was given written payoff information and made the payoff and is in possession of a canceled check to the secured party; or

      2. (b) [ ] that the undersigned was given written payoff information and made the payoff by wire transfer or other electronic means to the secured party and has confirmation from the undersigned's bank of the transfer to the account provided by the secured party.

         Under penalties of perjury, I declare that I have examined this affidavit this ______ day of ___________ and, to the best of my knowledge and belief, it is true, correct, and complete.

         Witness: _______________ ___________________________________

         Signature

         Witness:_______________ ___________________________________

         Name (Please print)

         ___________________________________

         Attorney's Bar Number

         ___________________________________

         Street Address

         ___________________________________

         City, State, Zip Code

         ___________________________________

         Telephone

         STATE OF SOUTH CAROLINA )

         COUNTY OF _______________ ) PROBATE

         Before me, the undersigned Notary Public, personally appeared _____________________________, who, being duly sworn, deposed and said that he saw _________________________________, sign, seal, and deliver the foregoing Affidavit and that he, together with ____________________________ witnessed the execution thereof.

         ______________________________

         Subscribed and sworn to before me

         this _________ day of ____________________

         Notary Public for ______________________(L.S.)

         My commission expires:_________________

   STATE OF SOUTH CAROLINA )

   ) SATISFACTION AFFIDAVIT

   COUNTY OF ________________ )

   The undersigned on oath, being first duly sworn, hereby certifies:

3. (C) Upon presentation to the department of the material required by this section, the department is directed to mark the lien on the manufactured home satisfied.

HISTORY: 2003 Act No. 88, Section 2.