The Order to Extinguishing Interest of Omitted Lienholder is the order form that the Charleston County Master-In-Equity publishes for cases in which a junior mortgage holder was left out of a foreclosure action. It records the Master's findings and decrees that the omitted lienholder's mortgage lien is extinguished as to the foreclosed property. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original is published by the Master-In-Equity on the Charleston County website.
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What is Order to Extinguishing Interest of Omitted Lienholder – Charleston County, SC?
The Order to Extinguishing Interest of Omitted Lienholder is a court order, printed under the title "Order to Extinguish Interest of Omitted Lienholder," in which the Charleston County Master-In-Equity finds that an omitted mortgage holder would have received nothing from a foreclosure and extinguishes its mortgage lien on the property.
The form is a South Carolina civil-case order with a caption for the civil case number, county, plaintiff(s) and defendant(s). It opens by reciting that the matter was heard on a Petition and Rule to Show Cause, the date it was filed, and the date the omitted lienholder was served with a certified copy, as shown by the Proof of Service filed in the case.
The order then makes two findings:
- ONE: the omitted lienholder's mortgage was subordinated to the Plaintiff's mortgage by a written agreement, with its date and the Book and Page where it is recorded in the R.M.C. Office for Charleston County.
- TWO: had the lienholder been named as a defendant, it would have realized no money, because the property sold for a sum sufficient only to satisfy the Plaintiff's superior lien and the costs payable to the Court. The form cites Union National Bank of Columbia v. Cook, 110 S.C. 99, 96 S.E. 484 (1918).
The decree then extinguishes the mortgage, identified by its date and its recording date, Book and Page, as it relates to the foreclosed property. The Master-In-Equity signs it. It comes after the Motion for Rule to Show Cause to Extinguish Interest of Omitted Lienholder and the Rule to Show Cause to Extinguish Interest of Omitted Lienholder, which the Master-In-Equity's forms page lists as separate documents.
Who needs to file Order to Extinguishing Interest of Omitted Lienholder – Charleston County, SC?
The main users are plaintiffs in a Charleston County foreclosure action who need the lien of a mortgage holder that was not named as a defendant extinguished as to the foreclosed property, and the attorneys preparing the order for the Master-In-Equity.
The form fits only the situation it describes. The plaintiff asserts that the omitted lienholder's mortgage was at all times junior to the plaintiff's mortgage lien, and that the lienholder would have realized no proceeds through foreclosure had it been properly named. The order also recites that the lienholder was served with the Petition and Rule to Show Cause.
It is not a general form for removing liens. It does not fit a lienholder whose mortgage was not subordinated to the plaintiff's mortgage, because finding ONE depends on a written subordination agreement that is recorded in the R.M.C. Office for Charleston County. The form does not say who may complete it for a party, so questions about representation go to the Master-In-Equity's office or the party's attorney.
When to file Order to Extinguishing Interest of Omitted Lienholder – Charleston County, SC
The order comes after the Petition and Rule to Show Cause has been filed in the foreclosure case and the omitted lienholder has been served with a certified copy. Its opening paragraph recites both dates, and the service is evidenced by the Proof of Service filed in the case. The form prints no separate deadline.
The Master-In-Equity signs the order after reviewing the pleadings and a certified true copy of the lienholder's mortgage. Prepare the order once those filings are in the record, so the blanks for the petition date and the service date can be completed from the case file.
Documents you need
- Petition and Rule to Show Cause filed in the foreclosure case: the order recites its filing date.
- Proof of Service filed in the case: it evidences that the omitted lienholder was served with a certified copy of the Petition and Rule to Show Cause.
- A certified true copy of the omitted lienholder's mortgage: the Master-In-Equity reviews it, along with the pleadings, before making findings.
- The written subordination agreement recorded in the R.M.C. Office for Charleston County: its date, Book and Page are entered in finding ONE.
How to fill out Order to Extinguishing Interest of Omitted Lienholder – Charleston County, SC
Complete the case caption
Enter the civil case number and the county, then the names of the Plaintiff(s) and Defendant(s) as they appear in the foreclosure action.
Enter the petition filing date
In the first paragraph, enter the date on which the Petition and Rule to Show Cause was filed, using the month, day and year blanks.
Name the omitted lienholder
Enter the omitted lienholder's name wherever the order leaves a blank for it, in the recitals, findings and decree, spelled the same way each time.
Enter the service date
Enter the date the lienholder was served with a certified copy of the Petition and Rule To Show Cause, matching the Proof of Service filed in the case.
Complete finding ONE
Enter the date of the written subordination agreement and the Book and Page where it is recorded in the R.M.C. Office for Charleston County.
Review finding TWO
Confirm the lienholder's name is filled in each blank of this finding on the lack of proceeds; it contains no other entries.
Identify the mortgage in the decree
In the ORDERED paragraph, enter the mortgage date, the date it was recorded in the R.M.C. Office for Charleston County, and its Book and Page.
Review and download the completed PDF
Check every date, Book and Page against the case file and leave the signature line for the Master-In-Equity. Download or print the completed PDF from FillingPDF.
How to submit Order to Extinguishing Interest of Omitted Lienholder – Charleston County, SC
The form prints no mailing address, portal or appointment rule. It is an order for the Master-In-Equity, Charleston County, Charleston, South Carolina, to review and sign, and it ends with the Master's signature line.
The Charleston County Master-In-Equity forms page lists E-Filing Procedures and a Motion and Order Information Form and Coversheet alongside this order. Check that page, or contact the Master-In-Equity's office, for how orders are presented in your case.
Leave the signature line blank: the Master-In-Equity signs the order. FillingPDF lets you fill out and download the PDF; submission follows the Master-In-Equity's channels.
Common mistakes to avoid
- Leaving blank the filing date of the Petition and Rule to Show Cause or the date the lienholder was served, which the opening paragraph recites.
- Entering the subordination agreement without its date, Book number or Page number in the R.M.C. Office for Charleston County.
- Using the order for a lienholder whose mortgage was not subordinated to the Plaintiff's mortgage, when finding ONE rests on a written subordination agreement.
- Naming the lienholder differently in different places in the order, when the name recurs throughout the recitals, findings and decree.
- Omitting the recording date, Book and Page of the lienholder's mortgage in the decree paragraph, so the lien being extinguished is not identified.
- Signing the order yourself: the signature line is for the Master-In-Equity, who signs after review.
Frequently asked questions
What is the Order to Extinguishing Interest of Omitted Lienholder?
It is the Charleston County Master-In-Equity's order extinguishing the mortgage lien of a lienholder that was omitted from a foreclosure action. It finds the lienholder's mortgage was junior and that it would have received no proceeds, then decrees the lien extinguished as to the foreclosed property.
Who signs the order extinguishing an omitted lienholder's interest?
The Master-In-Equity signs it. The form ends with a signature line for Master-In-Equity Charleston County, so whoever completes the order leaves that line for the Master after the Master has reviewed the pleadings and the lienholder's mortgage.
What must happen before this order can be entered?
A Petition and Rule to Show Cause must be filed and the omitted lienholder served with a certified copy, shown by a Proof of Service in the case. The order recites both dates, so complete it from the case file.
What information does the order ask for?
The civil case number, county, plaintiff and defendant names, the petition filing date, the lienholder's name, the service date, the subordination agreement's date with Book and Page, and the mortgage's date and recording date with Book and Page in the R.M.C. Office.
Can a lienholder whose mortgage was not subordinated use this order?
The form is built around a written subordination agreement, recorded in the R.M.C. Office for Charleston County, and a finding that the lienholder would have realized nothing from the sale. Without those facts the form's findings do not fit; check with the Master-In-Equity's office or an attorney.
Which forms come before this order?
The Master-In-Equity's forms page lists the Motion for Rule to Show Cause to Extinguish Interest of Omitted Lienholder and the Rule to Show Cause to Extinguish Interest of Omitted Lienholder. The order refers to the Petition and Rule to Show Cause filed in the case.
Can I fill out this order online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the order with the court; presentation to the Master-In-Equity follows the court's own channels.
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