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U.S. BANK TRUST NAT. ASS'N v. BELL

No. 4614.

385 S.C. 364 (2009)

684 S.E.2d 199

U.S. BANK TRUST NATIONAL ASSOCIATION, f/k/a First Trust National Association, First Bank, National Association, as trustee under the Pooling Servicing Forbearance Agreement dated as of May 1, 1997, Morgan Stanley Capital, Inc. Mortgage Pass Certificates, Weighted Average Coupon Pass-Through Series 1997-pl, 180 East Fifth Street, St. Paul, MN 55101, Appellant, v. Clifford E. BELL, Jr., Delores Jane Bell a/k/a Delores J. Bell a/k/a Delores Jane R. Bell, Ford Consumer Financing Co., Inc., Henry I. Ziesel & Ziesel Accura Machinery Corporation, NationsBank, N.A. successor to Boatmens Bank of South Central Illinois, Pressmation, Inc., Daryl Palbiak, Phillip Dyches, South Carolina Department of Revenue, and The Department of Treasury—Internal Revenue Service, Respondents.

Court of Appeals of South Carolina.

Decided August 31, 2009.

Rehearing Denied November 2, 2009.

Attorney(s) appearing for the Case

Hamilton Osborne, Jr., James Y. Becker, and Emily H. Farr, all of Columbia, for Appellant.

Herbert W. Hamilton and Tracy T. Vann, both of Rock Hill, for Respondents.

PIEPER, J.

U.S. Bank Trust National Association (Bank) appeals the decision of the master-in-equity denying Bank's request for foreclosure. Bank further appeals the order restructuring the loan given to Delores and Clifford E. Bell (the Bells). We reverse and remand.

FACTS

In 2001, Bank commenced a foreclosure action against the Bells' property, resulting in a judgment of foreclosure dated July 17, 2002. On August 2, 2002, the day before the scheduled...

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