Real Property – Mortgages – Lien Priority – Refinance & Intervening Line of Credit – Replacement Mortgage Doctrine (access required)

Where Quicken Loans refinanced its own first-priority mortgage without discovering an intervening recorded line of credit, the line of credit has priority over the Quicken refinanced mortgage. We leave it to the General Assembly to decide whether to adopt the replacement mortgage doctrine. We affirm the Court of Appeals’ decision. The borrowers defaulted on their line of ...

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South Carolina Lawyers Weekly

Real Property – Mortgages – Lien Priority – Refinance & Intervening Line of Credit – Replacement Mortgage Doctrine

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