South Carolina
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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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