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SWINDLER v. SWINDLER

No. 3658.

355 S.C. 245 (2003)

584 S.E.2d 438

James R. SWINDLER, Marshalene S. Frady, and Rebecca Spears, Respondents, v. Nancy W. SWINDLER and Commercial Credit Corporation, Defendants, Of whom Nancy W. SWINDLER is Appellant.

Court of Appeals of South Carolina.

Decided July 7, 2003.

Rehearing Denied August 21, 2003.

Attorney(s) appearing for the Case

David Randolph Whitt, Henry Guyton Murrel, and Pearce W. Fleming, all of Columbia, for Respondents.

Howard S. Sheftman and J. Alton Bivens, both of Columbia, for Appellant.

HOWARD, J.:

In this foreclosure action, we are asked to determine whether a promissory note secured by a real estate mortgage is a negotiable instrument governed by Article 3 of the South Carolina Uniform Commercial Code ("UCC"). James R. Swindler, Marshalene S. Frady, and Rebecca Spears (collectively, "the Swindler Family") brought this action against their sister-in-law, Nancy Swindler ("Nancy"), to foreclose a mortgage encumbering a 54.5-acre tract of land Nancy...

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