How can I confirm whether there are two mortgages or other liens on the house and who the lenders are? – South Carolina

Short Answer

In South Carolina, the most reliable way to confirm whether a house has one mortgage, two mortgages, or other liens is to check the recorded land records in the county where the property is located. Recorded mortgages, assignments (transfers), and satisfactions/releases usually identify the “mortgagee of record” and often show book/page or instrument numbers that a title company or attorney can trace. If a title company asks for an authorization form, it is commonly used to request payoff and lien information from lenders and servicers so the correct liens can be verified and cleared for closing.

Understanding the Problem

In South Carolina real estate transactions, a common question is: can a homeowner confirm whether the county records show two mortgages (or other liens) on a house and identify who the lenders are? The issue usually comes up when a title company reports multiple recorded liens, but the owner only remembers one loan. The key decision point is whether the county’s recorded documents show an active lien (or a lien that should have been released) and who appears as the current lienholder of record.

Apply the Law

South Carolina treats a mortgage (and a deed of trust) as a lien against real property used to secure repayment of money. Mortgages and many other liens are typically discovered through a title search of the county land records maintained by the Clerk of Court or Register of Deeds (the office name varies by county). If a loan was paid off, South Carolina law provides methods for recording a satisfaction or release so the public record shows the lien has been discharged.

Key Requirements

Search the correct county records: Liens are recorded and indexed in the county where the property sits, so the search must be run there (not where the owner lives or where the lender is located).
Identify the lien documents and their status: A mortgage/deed of trust may be followed by assignments (showing transfers to new lenders) and then a satisfaction/release (showing payoff and discharge). Missing releases are a common reason “extra” mortgages appear.
Confirm the current lienholder of record: The recorded “mortgagee of record” (or assignee) is the starting point for identifying who has authority to provide payoff information and sign a release.

What the Statutes Say

S.C. Code Ann. § 29-3-330 (Satisfaction or release of mortgage/deed of trust) – Defines key terms and lists accepted methods to record a satisfaction or release of a mortgage lien.
S.C. Code Ann. § 29-3-310 (Request for entry of satisfaction) – Requires a mortgage holder of record, after full payment and a proper request, to enter satisfaction within three months.
S.C. Code Ann. § 14-17-280 (Entry of satisfaction of judgments and mortgages) – Addresses the clerk/register’s role in permitting satisfaction entries for judgments and mortgages of record.
S.C. Code Ann. § 29-3-340 (Certificate of satisfaction) – Describes how the recording officer notes satisfaction on the record when a satisfaction has been entered.

Analysis

Apply the Rule to the Facts: The title company’s report of “two mortgages” usually means the county land records show two separate recorded security instruments (or one mortgage plus a recorded assignment or modification that looks like a second lien). Because the caller does not recognize a second mortgage or the lenders, the next step is to obtain copies of each recorded document and read (1) the borrower name(s), (2) the original lender/mortgagee, (3) the recording reference (book/page or instrument number), and (4) any later assignments or satisfactions. If a mortgage was paid off but no satisfaction was recorded, the record can still show an open lien until it is properly released under South Carolina procedures.

Process & Timing

Who pulls the records: A title company, closing attorney, or any person. Where: The Clerk of Court or Register of Deeds for the South Carolina county where the property is located. What: Copies of the recorded mortgage(s)/deed(s) of trust, any assignments, modifications, and any recorded satisfactions/releases; also check for other common liens (for example, judgment liens) that appear in the same public records system. When: As soon as the issue is discovered, and before signing closing documents.
Match the documents to real-world lenders/servicers: The recorded mortgagee may not be the current loan servicer. If assignments are recorded, follow them in date order to see who became the mortgagee of record. The authorization form from the title company is commonly used to request payoff statements and lien status from the lender/servicer tied to the recorded lien.
Clear up record problems if needed: If the second “mortgage” is actually a paid-off loan with no recorded satisfaction, the lender (or the mortgagee of record) typically must record a satisfaction/release. South Carolina law also provides a process for requesting satisfaction after full payment, and it sets a three-month window after a proper request for the holder of record to enter satisfaction.

Exceptions & Pitfalls

“Second mortgage” vs. assignment/modification: Some recorded documents can look like a second lien at a glance. A careful read of the document type and recording references usually clarifies whether it is a separate mortgage or a change to the first mortgage.
Paid-off loan but no recorded release: A payoff does not always automatically remove the lien from the public record. Until a satisfaction/release is recorded, the title can still appear encumbered.
Wrong county or incomplete search window: Searching the wrong county, using only an owner-name search, or not checking prior owners can miss liens. Title work often requires checking multiple index types and time periods.
Signing authorizations without understanding scope: Authorization forms can be necessary to obtain payoff details, but they should be reviewed so the scope matches the transaction and does not authorize unrelated disclosures.

Conclusion

In South Carolina, confirming whether a house has two mortgages or other liens starts with the county land records: pull the recorded mortgage(s), any assignments, and any satisfactions/releases to identify the mortgagee of record and whether a lien was properly cleared. If a loan was paid off but still appears of record, state law provides a process to record a satisfaction, and a holder of record generally must enter satisfaction within three months after a proper request. Next step: obtain copies of the recorded lien documents from the county Clerk of Court/Register of Deeds and have the authorization form reviewed before it is signed and returned.

Talk to a Real Estate Attorney

If a title company reports two mortgages or unknown liens on a South Carolina house, a real estate attorney can review the recorded documents, confirm who the lienholders are, and help coordinate payoff and release steps so the transaction stays on track and deadlines are protected.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.