Swindler v. Swindler

HOWARD, J.:

In this foreclosure action, we are asked to determine whether a promissory note secured by a real estate mortgage is a negotiable instrument governed by Article 3 of the South Carolina Uniform Commercial Code (“UCC”). James R. Swindler, Marshalene S. Frady, and Rebecca Spears (collectively, “the Swindler Family”) brought this action against their sister-in-law, Nancy Swindler (“Nancy”), to foreclose a mortgage encumbering a 54.5-acre tract of land Nancy purchased from their mother, Margaret Swindler (“Margaret”). Nancy asserted various defenses, including that Margaret had…