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BAC HOME LOAN SERVICING, L.P. v. KINDER

No. 27146.

398 S.C. 619 (2012)

731 S.E.2d 547

BAC HOME LOAN SERVICING, L.P., f/k/a Countrywide Home Loan Servicing, L.P., successor in interest to Defendant Mortgage Electronic Registration Systems, Inc., MIN #: 100039032108093192, Appellant, v. Debra KINDER, Personal Representative of the Estate of George William Brelsford, IV a/k/a George W. Brelsford, and Debra Kinder, Personal Representative of the Estate of Patricia M. Brelsford, Respondents.

Supreme Court of South Carolina.

Decided July 25, 2012.

Rehearing Denied September 6, 2012.

Attorney(s) appearing for the Case

Sean A. O'Connor , of Finkel Law Firm, LLC, of Charleston, for Appellant.

James L. Verenes , of Fox & Verenes, of Aiken, for Respondent.

Justice HEARN.

This case presents us with two issues: (1) whether an assignee of a note and mortgage has a right to surplus funds generated by the foreclosure of a prior mortgage on the property, and (2) whether that assignee is barred from recovering the surplus funds because the note and mortgage assigned to it allegedly were closed without attorney participation. We hold the assignee may recover the surplus funds even...

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