The respondent-mortgagee’s predecessor filed and served upon the petitioner-mortgagor a notice of foreclosure intervention. When petitioner failed to respond to the notice, the mortgagee filed and served petitioner with a notice of denial of loan modification. These actions complied with ...

Tagged with: Real Property

Before the building height restriction in their neighborhood was lowered from 75 feet to 45 feet, the appellant-landowners sought and received setback and buffer variances. At that time, appellants submitted neither a 1”=30’ scaled site plan nor a written narrative ...

Tagged with: Real Property

In the underlying failed real estate transaction, the plaintiff-buyer’s closing attorney was attempting to zealously represent his client by insisting on a certificate of tax compliance, attempting to obtain title insurance, and trying to clean up the defendant-seller’s corporate dissolution ...

Tagged with: Real Property

When a county planning commission approves a subdivision plan, S.C. Code Ann. § 6-29-1150(D) does not limit the class of permissible appellants to only property owners. We reverse the circuit court’s order dismissing appellant Citizens for Quality Rural Living, Inc.’s ...

Tagged with: Real Property South Carolina Court of Appeals

Although a developer in control of a homeowners’ association may owe fiduciary duties to homeowners, in this case, the developers had no fiduciary duty to convey specific amenities to the homeowners’ association. We reverse the circuit court’s (1) ruling that ...

Tagged with: Real Property South Carolina Court of Appeals

Even though the debtor’s promissory note was discharged in a prior bankruptcy, his mortgage remains enforceable, and the current servicer of the mortgage has standing to file a proof of claim to enforce the mortgage. Creditor Ditech Financial LLC’s secured ...

Tagged with: Real Property

If there was a floor to the variable interest rate on the appellant-debtors’ note and mortgage, the debtors are in default; however, if there was no floor, the debtors have overpaid. Where a rider to the debtors’ mortgage set an ...

Tagged with: Real Property

Even though the plaintiff-landowner’s members now say they would prefer to have the defendant-utility’s power transmission line installed along the southern boundary of their property, they equivocated in the past. In choosing the easement placement that bisects plaintiff’s land, the ...

Tagged with: Real Property

In a separate lawsuit (Whitt I), plaintiff alleged violations of the Consumer Financial Protection Bureau regulations and various state-law claims; in this lawsuit (Whitt II), plaintiff challenges defendants’ pursuit of foreclosure while they were simultaneously offering plaintiff a loan modification. ...

Tagged with: Real Property

Where the 2014 amendment to S.C. Code Ann. 59-40-140(K) merely clarified an already existing law exempting public charter school properties – including leased property – from all state and local property taxes, the Administrative Law Court erred in ruling that ...

Tagged with: Real Property