Caulder v. Lewis
Supreme Court of South Carolina
1Opinion of the Court
Chandler, Justice:
This case involves a mortgage foreclosure. The Circuit Court held the mortgagee was estopped to enforce an “acceleration” clause. We reverse.
FACTS
Mortgagors (the Lewises) purchased a house in Florence County from mortgagee (Caulder) in 1977.
The Lewises gave Caulder a purchase money note and mortgage requiring that installment payments of $202.86 be made by the 15th day of each month. The “Mortgage Note” contained the following provision:
If default be made in the payment of any installment under this note, the entire principal and accrued interest shall at once become due and…
2Cases cited7 opinions
- Townes Associates, Ltd. v. City of GreenvilleSupreme Court of South Carolina · 1976
- Stinemeyer v. Wesco Farms, Inc.Oregon Supreme Court · 1971
- Berry v. CaldwellSupreme Court of South Carolina · 1922
- Allendale Furniture Co. v. Carolina Commercial BankSupreme Court of South Carolina · 1985
- Dargan v. Metropolitan Properties, Inc.Supreme Court of South Carolina · 1963
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Howard v. South Carolina National BankCourt of Appeals of South Carolina · 1986
- Cisson Construction, Inc. v. Reynolds & Associates, Inc.Court of Appeals of South Carolina · 1993
- U.S. Bank Trust National Ass'n v. BellCourt of Appeals of South Carolina · 2009
- Howard v. South Carolina National BankCourt of Appeals of South Carolina · 1986
- MCA TELEVISION Ltd. v. American CommunicationsCircuit Court for the Judicial Circuits of Florida · 1988
1 more not listed; retrieve them via the Exa API.