LASALLE BANK NATIONAL ASS'N v. DAVIDSON

No. 26753.

386 S.C. 276 (2009)

688 S.E.2d 121

LaSALLE BANK NATIONAL ASSOCIATION, as Trustee for Certificate Holders of Bear Stearns Asset Backed Securities Trust 2006-1, Asset Backed Certificates, Series 2006-1, Respondent, v. Edward M. DAVIDSON, aka Ed Davidson; Sheryl L. Peterson-Davidson, aka Sheryl Davidson; WCRSI, LLC; and The Farm at Wescott Homeowners Association, Inc., Appellants.

Supreme Court of South Carolina.

Heard October 6, 2009.


Attorney(s) appearing for the Case

Merrill A. Cox, of Cox Law Firm, of Goose Creek, for Appellants.

D. Randolph Whitt, of Fleming & Whitt, of Columbia, for Respondent.


Justice KITTREDGE.

This is an appeal from a judgment in a mortgage foreclosure proceeding. The question before the Court is whether the failure of the judge to attend the final court hearing, violated Appellants' constitutional guarantee to procedural due process. We answer in the affirmative and hold that an attempt to conduct a hearing without a judge violates due process and is a nullity. We vacate the judgment of the trial court and remand for a hearing.

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