Federal Financial Co. v. Hartley, 380 S.C. 65

668 S.E.2d 410 (2008) · Supreme Court of South Carolina · October 13, 2008 · No. No. 26554

Summary

The Supreme Court of South Carolina held that a tax sale extinguished Federal Financial Company's mortgage. Because Hartley purchased the property from the Forfeited Land Commission after the redemption period expired, her purchase did not resurrect the mortgage, and Daniel's later mortgage was the first lien. The court reversed the master's order.

Holdings

  1. The tax sale extinguished respondent's mortgage, and Hartley's subsequent purchase of the property from the Forfeited Land Commission did not resurrect it. Therefore, Daniels' mortgage is the first lien on the property.

Questions Presented

  1. Whether the master-in-equity erred in holding that respondent holds a valid first mortgage on the property

Disposition

reversed

Cases Cited (4)

  • Corbin v. Carlin, 366 S.C. 187, 620 S.E.2d 745 (Ct. App. 2005)(applied)
  • Wilson v. Moseley, 327 S.C. 144, 488 S.E.2d 862 (1997)(applied)
  • Interstate Bldg. & Loan Ass'n v. Waters, 50 S.C. 459, 27 S.E. 948 (1897)(distinguished)
  • Gecy v. Bagwell, 372 S.C. 237, 642 S.E.2d 569 (2007)(cited)

Cited In (0)

No citing cases on record yet.

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