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KUBIC v. MERSCORP HOLDINGS, INC.

No. 27619.

416 S.C. 161 (2016)

785 S.E.2d 595

Gary KUBIC, in his official capacity as County Administrator for Beaufort County, South Carolina, and Dale L. Butts, in his official capacity as Register of Deeds for Beaufort County, South Carolina, Respondents, v. MERSCORP HOLDINGS, INC., Mortgage Electronic Registrations Systems, Inc., Bank of America, N.A., Deutsche Bank National Trust Company, JPMorgan Chase Bank, N.A., Citi-Mortgage, Inc., HSBC Bank USA, N.A., HSBC Mortgage Corporation (USA), HSBC Mortgage Services, Inc., South State Bank, Coastal Banking Company, Inc., and Tidelands Bank, Petitioners. Thessa G. Smith, in her official capacity as County Administrator for Allendale County, South Carolina, and Elaine Sabb, in her official capacity as Register of Deeds for Allendale County, South Carolina, Respondents, v. MERSCORP Holdings, Inc., Mortgage Electronic Registrations Systems, Inc., Bank of America, N.A., South State Bank, SunTrust Mortgage, Inc., Branch Banking and Trust Company, Citibank, N.A., Quicken Loans, Inc., Wells Fargo Bank, N.A., Regions Bank, and Green Tree Servicing, LLC, Petitioners. Andrew P. Fulghum, in his official capacity as County Administrator for Jasper County, South Carolina, and Patsye M. Greene, in her official capacity as Register of Deeds for Jasper County, South Carolina, Respondents, v. MERSCORP Holdings, Inc., Mortgage Electronic Registrations Systems, Inc., Bank of America, N.A., CitiMortgage, Inc., South State Bank, Nationstar Mortgage, LLC, Wells Fargo Bank, N.A., SunTrust Mortgage, Inc., Branch Banking and Trust Company, 1st Choice Mortgage/Equity Corporation of Lexington, Regions Bank, and Countrywide Home Loans, Inc., Petitioners. Sabrena P. Graham, in her official capacity as County Administrator for Hampton County, South Carolina, and Mylinda Nettles, in her official capacity as Register of Deeds for Hampton County, South Carolina, Respondents, v. MERSCORP Holdings, Inc., Mortgage Electronic Registrations Systems, Inc., Bank of America, N.A., South State Bank, Wells Fargo Bank, N.A., SunTrust Mortgage, Inc., Branch Banking and Trust Company, and Countrywide Home Loans, Inc., Petitioners. Kevin Griffin, in his official capacity as County Administrator for Colleton County, South Carolina, and Debbie Gusler, in her official capacity as Register of Deeds for Colleton County, South Carolina, Respondents, v. MERSCORP Holdings, Inc., Mortgage Electronic Registrations Systems, Inc., Bank of America, N.A., South State Bank, SunTrust Mortgage, Inc., Branch Banking and Trust Company, Countrywide Home Loans, Inc., Citibank, N.A., TD Bank, N.A., Quicken Loans, Inc., and Capital One, N.A., Petitioners.

Supreme Court of South Carolina.

Decided March 30, 2016.

Rehearing Denied June 2, 2016.

Attorney(s) appearing for the Case

J. Edward Bell, III , of Bell Legal Group, of Georgetown, for Petitioner Capital One, N.A.; Tobias G. Ward, Jr. and J. Derrick Jackson , of Tobias G. Ward, Jr., PA, of Columbia, for Petitioner 1st Choice Mortgage/Equity Corporation of Lexington; B. Rush Smith, III , and Brian P. Crotty , of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for petitioners MERSCORP Holdings, Inc., et al., Bank of America, N.A., Countrywide Home Loans, Inc., Quicken Loans, Inc., Wells Fargo Bank, N.A., CitiMortgage, Inc. and Citibank, N.A., JPMorgan Chase Bank, N.A., Deutsche Bank National Trust; C. Pierce Campbell , of Turner Padget Graham & Laney, PA, of Florence, for petitioner South State Bank; Michael C. Griffin , of Bradley Arant Boult Cummings, LLP, of Charlotte, NC, for Petitioner Nationstar Mortgage, LLC; William Grayson Lambert , of McGuireWoods, LLP, of Charlotte, NC, for petitioner TD Bank, N.A.; Clay M. Carlton and Robert M. Brochin , of Miami, FL, for Petitioner MERSCORP Holdings, Inc., et al.; Brian A. Herman , of Morgan Lewis & Bockius LLP, of New York, NY, for petitioner JPMorgan Chase Bank, N.A.; Lucia Nale and Thomas V. Panoff , of Mayer Brown LLP, of Chicago, IL, for petitioners CitiMortgage, Inc. and Citibank, N.A.; Robert E. Sumner, IV , of Moore & Van Allen, PLLC, of Charleston, for petitioner Tidelands Bank; Joseph F. Yenouskas and Thomas F. Hefferon , of Goodwin Procter LLP, of Washington, DC, for petitioners Bank of America, N.A., Countrywide Home Loans, Inc., Quicken Loans, Inc., and Wells Fargo Bank, N.A.; Elizabeth A. Frohlich , of Morgan Lewis & Bockius, of San Francisco, CA, for petitioner Deutsche Bank National Trust.

James P. Scheider, Jr. , Roberts Vaux , and Antonia T. Lucia , of Vaux Marscher Berglind, P.A., of Bluffton, for respondents.

This case is a consolidation of five separate lawsuits instituted by county administrators and registers of deeds in Allendale, Beaufort, Colleton, Hampton, and Jasper Counties (collectively, Respondents) against MERSCORP Holdings, Inc.; Mortgage Electronic Registrations Systems, Inc. (MERS); and numerous banking institutions...

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