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BANK OF AMERICA, N.A. v. DRAPER

No. 5140.

405 S.C. 214 (2013)

746 S.E.2d 478

BANK OF AMERICA, N.A., Respondent, v. Todd DRAPER, Mortgage Electronic Registration Systems, Inc., acting as nominee for American Home Mortgage, its successors and assigns, Shawn Kephart, Matthew H. Henrikson, the United States of America, by and through its agency, the Internal Revenue Service, South Carolina Department of Revenue, Branch Banking and Trust Company, and Linkside III Homeowners Association, Inc., Defendants, Of Whom Todd Draper and Matthew H. Henrikson are the Appellants.

Court of Appeals of South Carolina.

Decided June 5, 2013.

Rehearing Denied August 27, 2013.

Attorney(s) appearing for the Case

Matthew Holmes Henrikson , of Henrikson Law Firm, LLC, of Greenville, for Appellants.

Dean Anthony Hayes , of Korn Law Firm, PA, of Columbia, for Respondent.

KONDUROS, J.

In this mortgage foreclosure action, Todd Draper and Matthew H. Henrikson (collectively, Appellants) appeal the master-in-equity's granting summary judgment to Bank of America (the Bank), arguing the Bank lacked standing because it did not own the loan but was the servicer of the loan. We affirm in part, reverse in part, and remand.

FACTS

On August 25, 2005, Draper executed a promissory note in the amount of $245,000 to America's Wholesale...

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