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FIRST PALMETTO SAVINGS BANK v. PATEL

No. 3286.

344 S.C. 179 (2001)

543 S.E.2d 241

FIRST PALMETTO SAVINGS BANK, F.S.B., Appellant, v. Pradipkumar I. PATEL, and Branch Banking & Trust Company of South Carolina ("BB & T") and Bhupendra G. Patel, Defendants, of Whom Branch Banking and Trust Company of South Carolina ("BB & T") and Bhupendra R. Patel are, Respondents.

Court of Appeals of South Carolina.

Decided January 16, 2001.

Rehearing Denied March 12, 2001.

Attorney(s) appearing for the Case

Thomas E. Player, Jr., Player & McMillian, J. Kennedy DuBose, Jr., DuBose & Cushman, Camden, for appellant.

James O. Spence, Dooley, Dooley & Spence, Lexington, B. Michael Brackett, Rogers, Townsend & Thomas, Columbia, for respondents.

GOOLSBY, Judge:

In this foreclosure action the master-in-equity set aside the satisfaction of a mortgage held by Bhupendra Patel, restoring it to first priority, and granted foreclosure. First Palmetto Savings Bank appeals. We reverse and remand.1

FACTUAL/PROCEDURAL BACKGROUND

On May 1, 1989, Bhupendra Patel sold the Sumter Tourist Lodge (the Property) to Nagarbhai K. Patel.2 In consideration...

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