Is South Carolina a Title State or an Attorney State?
South Carolina is an attorney state. The South Carolina Supreme Court treats residential real estate closings as the practice of law, so a South Carolina-licensed attorney must perform or supervise the title search, the review of the loan documents, the closing itself, and the recording and disbursement. The rule applies to refinances as well as purchases.
Is South Carolina a Community Property State for Mortgages?
No. South Carolina is a common law property state, not a community property state. Dower and curtesy have both been abolished, so a spouse has no dower interest for a mortgage to release.
Does a South Carolina Borrower Get to Choose the Closing Attorney?
Yes. On a home loan for personal, family or household purposes, the lender must find out before closing which attorney the borrower wants to handle the closing, and which agent should provide the required hazard and flood insurance, and then honor that choice. Lenders typically do this with a signed attorney/insurance preference form at application or within three business days of it, and the choice must come from the borrower directly, not through the real estate agent or loan officer.