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Mar 22, 2018

Real Property – Mortgages – Loan Modification & Foreclosure – Civil Practice – Stay

Plaintiff’s claims arise out of defendants’ alleged offering of a loan modification while defendants, without giving further notice to plaintiff, continued to pursue a foreclosure action. Although plaintiff’s claims involve important state interests, since plaintiff seeks only monetary damages, the court cannot dismiss plaintiff’s claims under Younger v. Harris, 401 U.S. 37 (1971). Instead[...]

May 2, 2017

Real Property – Mortgages – Foreclosure – Civil Practice – Jury Trial Demand – Clerk’s Referral

South Carolina Community Bank v. Salon Proz, LLC (Lawyers Weekly No. 011-028-17, 7 pp.) (Stephanie McDonald, J.) Appealed from Richland County (Joseph Strickland, Master-in-Equity) S.C. App. Holding: Although Rule 53(b), SCRCP, says that, in a foreclosure action, “some or all of the causes of action … may be referred to a master … by order […]

Apr 10, 2017

Banks & Banking – Mortgages – RESPA – Loss Mitigation Procedures – Only One Required

Mangum v. First Reliance Bank (Lawyers Weekly No. 002-093-17, 13 pp.) (R. Bryan Harwell, J.) 4:16-cv-02214; D.S.C. Holding: Even if, during a loan mitigation procedure, a loan servicer repeatedly asked plaintiff for documents she had already provided, since plaintiff had already successfully obtained loan mitigation from a previous loan servicer, the subsequent loan servicer did […]

Jul 26, 2016

Real Property – Mortgages – Consumer Protection – Attorneys – Preference Form – Prepopulated

Mosley v. Quicken Loans, Inc. (Lawyers Weekly No. 002-124-16, 10 pp.) (J. Michelle Childs, J.) 1:16-cv-00384; D.S.C. Holding: It is hard to imagine how the defendant-lender could have ascertained the plaintiff-borrower’s preference for an attorney if defendant essentially told plaintiff what his preference was by providing him with an already completed form. The court denies […]

May 13, 2016

Real Property – Mortgages – Attorney’s Fee Award – State-Court Action – No Default

In re Marks (Lawyers Weekly No. 003-013-16, 19 pp.) (John Waites, J.) 11-02619; B.S.C. Holding: Even though the debtor never defaulted on her mortgage, she is liable for the attorneys’ fees and costs that the noteholder incurred when it intervened in a state-court action in which the debtor unsuccessfully sought to have the note and […]

Oct 26, 2015

Tort/Negligence – Interference with Prospective Contract – Real Property – Mortgages – Banks & Banking

First South Bank v. South Causeway, LLC (Lawyers Weekly No. 011-099-15, 15 pp.) (Stephanie McDonald, J.) Appealed from Georgetown County Circuit Court (Thomas Russo, J.) S.C. App. Holding: After a banker disclosed facts about the defendant-borrower’s loan to the borrower’s real estate agent, the agent raised the minimum auction prices on the borrower’s mortgaged land; […]

Sep 22, 2015

Bankruptcy – Reaffirmation – Real Property – Mortgages – Ride-Through

In re Hill (Lawyers Weekly No. 003-014-15, 5 pp.) (Helen Burris, J.) 15-02606; B.S.C. Holding: Where the debtors are current on their mortgage and were current at the time they filed their petition, reaffirmation is not necessary for the retention of the property and voluntary repayment of the debt. Therefore, the court cannot find that […]

Aug 10, 2015

Real Property — Mortgages – Banks & Banking – Credit Line Cancellation

Regions Bank v. Strawn (Lawyers Weekly No. 010-091-15, 7 pp.) (Donald Beatty, J.) (John Kittredge, J., concurring in the result only without separate opinion) Appealed from Anderson County Circuit Court (R. Lawton McIntosh, J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding:  Open-end mortgages – like the line of credit […]

Jan 13, 2015

SCOTUS clarifies rules for rescinding mortgages

A unanimous Supreme Court ruled Tuesday that home buyers don't need to file a lawsuit, but may simply write a letter if they want to back out of a mortgage because they claim their lender violated the federal Truth in Lending Act.

Aug 15, 2014

Bankruptcy – Attorneys’ Fees – Banks & Banking – Real Property – Mortgages – Proof of Claim

In re Lighty (Lawyers Weekly No. 003-008-14, 17 pp.) (David Duncan, Ch. J.) 14-00922; B.S.C. Holding: Since the debtors’ mortgages allow the lenders, upon default, to protect the lenders’ interest in the mortgaged property by, among other things, paying reasonable attorneys’ fees to secure their position in bankruptcy proceedings, the payment of such attorneys’ fees […]

May 9, 2014

Bankruptcy – Real Property – Mortgages – Priority – Attorneys – Closing without Counsel

Crop Production Services, Inc. v. SCBT, N.A. (Lawyers Weekly No. 002-101-14, 14 pp.) (J. Michelle Childs, J.) 5:13-cv-02841; D.S.C. Holding: The wording of a 2008 mortgage, executed by the debtor and his wife, put others – including plaintiff – on constructive notice that the debt being secured included a 2007 note executed by the debtor […]

Dec 26, 2012

Arbitration – Motion to Compel – Waiver – Real Property – Mortgages — Commercial Foreclosure

Wells Fargo Bank, N.A. v. EGIS 521, LLC Defendants did not demand arbitration until approximately 16 months after the commencement of this commercial foreclosure action, after defendants had enjoyed the benefit of discovery, and after the plaintiff-bank had incurred time and expense in engaging in discovery and preparing its motions to compel and for summary judgment.

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