Legal Opinion

Caulder v. Lewis

Supreme Court of South Carolina

Decided January 8, 1986No. 22441PublishedCited by 6 opinions

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

  1. Townes Associates, Ltd. v. City of GreenvilleSupreme Court of South Carolina · 1976
  2. Stinemeyer v. Wesco Farms, Inc.Oregon Supreme Court · 1971
  3. Berry v. CaldwellSupreme Court of South Carolina · 1922
  4. Allendale Furniture Co. v. Carolina Commercial BankSupreme Court of South Carolina · 1985
  5. Dargan v. Metropolitan Properties, Inc.Supreme Court of South Carolina · 1963

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Howard v. South Carolina National BankCourt of Appeals of South Carolina · 1986
  2. Cisson Construction, Inc. v. Reynolds & Associates, Inc.Court of Appeals of South Carolina · 1993
  3. U.S. Bank Trust National Ass'n v. BellCourt of Appeals of South Carolina · 2009
  4. Howard v. South Carolina National BankCourt of Appeals of South Carolina · 1986
  5. MCA TELEVISION Ltd. v. American CommunicationsCircuit Court for the Judicial Circuits of Florida · 1988

1 more not listed; retrieve them via the Exa API.

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