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RAKESTRAW v. DOZIER ASSOCIATES, INC.

22299

285 S.C. 358 (1985)

329 S.E.2d 437

Walter D. RAKESTRAW and Dorothy D. Rakestraw, Appellants, v. DOZIER ASSOCIATES, INC., William B. Dozier, Nancy C. Dozier, and Kyle W. Shive, Respondents.

Supreme Court of South Carolina.

Decided April 24, 1985.

Attorney(s) appearing for the Case

J. Dwight Hudson, P.A., Conway, for appellants.

James C. Pike, Jr., North Myrtle Beach, for respondents.

Heard March 25, 1985.

Decided April 24, 1985.

NESS, Justice:

This is a mortgage foreclosure case. The master, hearing the case with finality, dismissed the foreclosure action holding appellants-mortgagee waived their right to foreclosure for breach of the due on sale clause by accepting payments for seventeen months after notice the property had been transferred. We affirm.

In September, 1980 appellants-mortgagee, the Rakestraws, sold property...

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