Security Federal Savings & Loan Ass'n v. Johnson

Cureton, Judge:

Respondent Security Federal Savings and Loan Association of Aiken (Security Federal) brought suit to foreclose a note and mortgage against property of appellant Bonnie Johnson whose signature had been forged on the instruments. The Master In Equity ruled that Johnson was equitably estopped to assert the forgery as a defense to the foreclosure suit. Johnson appeals. We reverse and remand.

Bonnie Johnson (wife) and her former husband, Kenneth Johnson (husband) are tenants in common of residential property previously used as their marital home and given to them by Bonnie’s father.…