Resolution Trust v. EAGLE LAKE CONDOS.

Appellant appeals an order granting respondent Coker’s summary judgment motion and holding appellant’s mortgage ineffective under S.C. Code Ann. § 27-31-230(a) (1991). The sole issue before the Court is whether a mortgage, given by a condominium developer on the entire project after the master deed has been filed, is void under this statute. We hold that it is, and affirm.

Appellant brought this action to foreclose its mortgage. Coker raised the statutory issue in its counterclaim. Appellant filed a general denial to this counterclaim, but raised no affirmative defenses. Coker then moved for…