South Carolina Foreclosure Law South Carolina provides for judicial foreclosure in South Carolina Code of Laws (2004) Title 29 (Mortgages and Other Liens), Chapter 3, Article 7 (Foreclosures) (Section 29-3-610 et. seq.). Case Law MERS v. Girdvainis – In this case, as the Court said, MERS put forth a disingenuous argument that it had standing to foreclose. The South Carolina Court of Appeals looked to the argument MERS made in Nebraska (MERS v. Nebraska Dept. of Banking and Finance) wherein MERS stated that they had no interest in the note, that the mortgage debtor did not owe them money, and so MERS should not have to pay taxes. Basically, the South Carolina Court held that MERS could not have its cake and eat it too. As such, the Court dismissed the foreclosure MERS was pursuing against Girdvainis.
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