DYKEMAN v. WELLS FARGO HOME MORTG., INC.

No. 26593.

381 S.C. 333 (2009)

673 S.E.2d 804

William F. DYKEMAN and Leslie L. Dykeman, on behalf of themselves and all others similarly situated, Appellants, v. WELLS FARGO HOME MORTGAGE, INC., Respondent.

Supreme Court of South Carolina.

Decided February 9, 2009.

Rehearing Denied March 18, 2009.


Attorney(s) appearing for the Case

J. Olin McDougall, II, of Newman & McDougall, of Beaufort, Timothy E. Eble, of Mt. Pleasant, and Tom Young, Jr., Charles W. Whetstone, Jr., Cheryl F. Perkins, all of Whetstone, Myers, Perkins & Young, of Columbia, for Appellants.

Walter Keith Martens and Herbert W. Hamilton, both of Hamilton, Martens, Ballou & Sipe, of Rock Hill, for Respondent.

John T. Moore, C. Mitchell Brown, and B. Rush Smith, III, all of Nelson, Mullins, Riley & Scarborough, of Columbia, for Amicus Curiae South Carolina Bankers Association, and Robert R. Thuss and Susan B. Berkowitz, also of Columbia, for Amicus Curiae SC Appleseed Legal Justice Center.


Justice KITTREDGE:

This case involves the interpretation of penal statutes imposing a duty on the record holder of a mortgage on real estate to enter a satisfaction of the mortgage in the proper office, upon the occurrence of certain conditions. The sole condition before us relates to the requirement in sections 29-3-310 and 320 of the South Carolina Code (2007), that the mortgagor make a request to the mortgagee to enter the satisfaction. In this case, we must answer...

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