South Carolina by shitingting


									                   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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