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ARROWPOINTE FED. CREDIT v. BAILEY

Opinion No. 28129.

438 S.C. 573 (2023)

884 S.E.2d 506

ARROWPOINTE FEDERAL CREDIT UNION, Respondent, v. Jimmy Eugene BAILEY; Laura Jean Bailey; and U.S. Bank National Association, not in its individual capacity but solely in its capacity as Indenture Trustee for WVUE 2015-1, Defendants, of which U.S. Bank National Association, not in its individual capacity but solely in its capacity as Indenture Trustee for WVUE 2015-1, is the Petitioner.

Supreme Court of South Carolina.

Filed January 11, 2023.

Rehearing Denied March 30, 2023.

Attorney(s) appearing for the Case

Shaun C. Blake and Andrew Bryant Walker , both of Rogers Lewis Jackson Mann & Quinn, LLC, of Columbia, and Sean Matthew Foerster , of Rogers Townsend & Thomas, PC, of Columbia, for Petitioner.

Christy Curtis Jones , of Sherpy & Jones, P.A., of Columbia, and Jonathan McKey Milling , of Milling Law Firm, LLC, of Columbia, for Respondent.

Demetri K. Koutrakos and Harry Alwyn Dixon , of Callison Tighe & Robinson, LLC, of Columbia, for Amici Curiae the American Land Title Association and the Palmetto Land Title Association.

In this real estate mortgage priority dispute, we must decide whether we will adopt the "replacement mortgage doctrine." The special referee ruled the question of whether to adopt the doctrine is one for the General Assembly, and the court of appeals affirmed. ArrowPointe Fed. Credit Union v. Bailey, 432 S.C. 373, 852 S.E.2d...

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