Legal Opinion

Perpetual Building & Loan Ass'n v. Braun

Supreme Court of South Carolina

Decided March 7, 1978No. 20630PublishedCited by 16 opinions

1Opinion of the Court

Ness, Justice:,

The sole matter for review is the propriety of granting a deficiency judgment when it was not specifically demanded in the foreclosure complaint. We hold a deficiency judgment to be such an incident of mortgage foreclosure that it may be supported by a general prayer for relief.1 Accordingly, the *340order granting a deficiency judgment to respondent is affirmed.

Appellants owed respondent $950,000.00 and executed a mortgage as security for the debt. Upon appellants’ default, respondent commenced suit seeking foreclosure of the mortgage, sale of the premises, appointment of a…

2Cases cited4 opinions

  1. Shepherd v. PepperSupreme Court of the United States · 1890
  2. Berry v. CaldwellSupreme Court of South Carolina · 1922
  3. Anderson v. PilgramSupreme Court of South Carolina · 1889
  4. McConnell v. BarnesSupreme Court of South Carolina · 1927

3Cited by16 opinions

  1. Bartles v. LivingstonCourt of Appeals of South Carolina · 1984
  2. Federal Deposit Insurance v. Prince George Corp.Court of Appeals for the Fourth Circuit · 1995
  3. Carolina First Bank v. BADD, L.L.C.Supreme Court of South Carolina · 2015
  4. Goethe ex rel. Estate of Goethe v. ClelandCourt of Appeals of South Carolina · 1994
  5. Lever v. Lighting Galleries, Inc.Supreme Court of South Carolina · 2007

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