Carolina First Bank v. BADD, L.L.C.

In this mortgage foreclosure action, the Court granted Carolina First Bank’s (“the Bank”) petition for a writ of certiorari to review the Court of Appeals’ decision in Carolina First Bank v. BADD, L.L.C., 400 S.C. 343, 733 S.E.2d 619 (Ct.App.2012), which held William McKown1 is entitled to a jury trial. We disagree and therefore reverse the decision of the Court of Appeals.

Procedural History

BADD, L.L.C. (“BADD”), purchased three warehouse units in Myrtle Beach. To finance the transaction, BADD executed two promissory notes. A personal guaranty was also executed by McKown, who was a member of…