Legal Opinion

Carolina Commercial Bank v. Allendale FurNiture Co.

Court of Appeals of South Carolina

Decided February 6, 1984No. 0059PublishedCited by 7 opinions

1Opinion of the Court

Cureton, Justice:

This is an action for foreclosure of a mortgage on real property brought by Carolina Commercial Bank, the mortgagee, against Allendale Furniture, Inc., the mortgagor, and two other defendants, a junior mortgagee and a judgment creditor. The case was tried before a Master who recommended foreclosure. The circuit court concurred and ordered the mortgage foreclosed.

The principal issues on appeal are (1) whether a mortgagee can invoke an acceleration clause without notifying the mortgagor of its intent to change a long-standing practice of accepting late payments, and (2) whether…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. Murphy v. HaganSupreme Court of South Carolina · 1980
  2. Lee v. O'QuinnSupreme Court of Georgia · 1937
  3. Clark v. PaddockIdaho Supreme Court · 1913
  4. River Holding Co. v. NickelSupreme Court of Florida · 1952
  5. Gunby v. IngramWashington Supreme Court · 1910

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

3Cited by7 opinions

  1. In re ClarkCourt of Appeals for the Seventh Circuit · 1984
  2. 10 Collier bankr.cas.2d 1280, Bankr. L. Rep. P 69,929 in the Matter of Hugh R. Clark and Joanne Clark, Debtors-Appellants. Federal Land Bank of St. PaulCourt of Appeals for the Seventh Circuit · 1984
  3. In Re DemoffUnited States Bankruptcy Court, N.D. Indiana · 1989
  4. Allendale Furniture Co. v. Carolina Commercial BankSupreme Court of South Carolina · 1985
  5. Howard v. South Carolina National BankCourt of Appeals of South Carolina · 1986

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

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