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Ex. SC-050 Order Primary source read

Supreme Court Order 2020-05-01-01 (May 1, 2020)

Attorney supervision of real estate closings by video conference during the emergency

Supreme Court of South Carolina · South Carolina (Court)

The COVID Project

The record

Jurisdiction
South Carolina
Level
Court
Authority
S.C. Const. art. V, § 4; Rules of Professional Conduct, Rule 407, SCACR
Issued
2020-05-01 May 1, 2020
Effective
2020-05-01
End
Through the emergency (electronic notarization later addressed by Act No. 85 of 2021, as SC-056 recites) (read as 2021-06-30)
In force
May 1, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Courts and public officesOther
Addressees
  • South Carolina closing attorneys
  • lenders, title insurers, notaries and parties to real estate transactions
Functions reached
  • CL closings, notaries and title
  • ML mortgage lending
  • CB buyers and sellers
Collection
South Carolina SC

Operative words

IT IS ORDERED, that to the extent the Rules of Professional Conduct may require an attorney to be physically present at the closing of a real estate transaction and in close proximity to the parties to the transaction, in light of the current crisis and need for social distancing, an attorney may participate in and supervise the closing of a real estate transaction by way of a video conference... necessary persons to a real estate transaction may, under the direction of the supervising attorney, similarly participate in the real estate closing by way of a video conference, provided any necessary person so consents

Enforcement

Supervising attorney must confirm identities, ensure a notary attests signatures and confirm the measures are acceptable to lenders and title insurers

Notes

South Carolina is an attorney-closing State; this order changed how every residential closing could be conducted.