Bryan v. Community Resource Mortgage, Inc. There is no question that the plaintiff-debtor paid his debt and that the defendant-bank failed to mark his mortgage satisfied within three months (it waited nine years). Where plaintiff has identified a specific bank employee, who he contends specifically represented that the July 31, 2002 mortgage would be satisfied by a subsequent loan the bank made on Aug. 2, 2002, and where this contention, including the existence of the employee, is supported by the loan closing documents, there is a genuine issue of material fact as to whether plaintiff has made out a claim under S.C. Code Ann. § 29-3-320.
Tagged with: Banks & Banking Failure to Mark Satisfied Mortgages Pay-Off Real Property Tort/Negligence
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