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SCN MORTGAGE CORPORATION v. WHITE

No. 24002.

440 S.E.2d 868 (1994)

SCN MORTGAGE CORPORATION, Petitioner, v. Lewis C. WHITE, Sr., and John R. Hart, and Summer Square, a General Partnership, and United States of America through its agent, Internal Revenue Service, Defendants, of whom Lewis C. White, Sr. is Respondent. SCN MORTGAGE CORPORATION, Petitioner, v. John E. BLACKWELL, John R. Hart, and Summer Square, a General Partnership, and United States of America through its agent, Internal Revenue Service, Defendants, of whom John E. Blackwell is Respondent. SCN MORTGAGE CORPORATION, Petitioner, v. Porter O. KINARD, John R. Hart, and Summer Square, a General Partnership, and United States of America through its agent, Internal Revenue Service, Defendants, of whom Porter O. Kinard is Respondent. SCN MORTGAGE CORPORATION, Petitioner, v. Eugene C. GARVIN, Jr., John R. Hart, and Summer Square, a General Partnership, and United States of America through its agent, Internal Revenue Service, Defendants, of whom Eugene C. Garvin, Jr. is Respondent. SCN MORTGAGE CORPORATION, Petitioner, v. Lonnie A. GARVIN, Sr., John R. Hart, and Summer Square, a General Partnership, and United States of America through its agent, Internal Revenue Service, Defendants, of whom Lonnie A. Garvin, Sr. is Respondent.

Supreme Court of South Carolina.

Decided January 24, 1994.

Attorney(s) appearing for the Case

Edmund H. Monteith, Monteith and Monteith, and Deborah R.J. Shupe, Berry Dunbar, Daniel, O'Connor & Jordan, Columbia, for petitioner.

Morris A. Ellison and Robert A. Kerr, Jr., Buist, Moore, Smythe & McGee, P.A., Charleston, for respondent John E. Blackwell.

Barry I. Baker, Baker & Miller, Charleston, for respondents Lonnie A. Garvin, Sr. and Lewis C. White, Sr.

Robertson H. Wendt, Jr., Charleston, for respondents Porter O. Kinard and Eugene C. Garvin, Jr.

Benjamin E. Goldberg, and J. Pete Strom, Charleston, and Richard J. Paul, Mt. Pleasant, for defendants.

Robert E. Stepp and Elizabeth Howard Simmons, Glenn, Irvin, Murphy, Gray & Stepp, Columbia, for SC League of Sav. Institutions, Mortg. Bankers Ass'n, Independent Bankers of SC, and SC Bankers Ass'n as amici curiae.

MOORE, Justice.

Petitioner (SCN) commenced these foreclosure actions against respondents (Debtors) and sought deficiency judgments. Each mortgage contained a waiver of appraisal rights. The master recommended foreclosure and a deficiency judgment in each action and found Debtors had waived their appraisal rights. The circuit court affirmed. The Court of Appeals reversed in part, holding Debtors' waivers of appraisement were invalid. SCN v. White, ___ S.C. ___...

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