Legal Opinion

Kinard v. Fleet Real Estate Funding Corp.

Court of Appeals of South Carolina

Decided August 21, 1995No. 2390PublishedCited by 4 opinions

1Opinion of the Court

Hearn, Judge:

John A. Kinard, Jr., brought this action to collect the statutory penalty imposed by S.C. Code Ann. Section 29-3-320 (1991) from the appellants, Fleet Real Estate Funding Corp. (Fleet) and NationsBank of South Carolina (NationsBank), based upon their failure to comply with the statutory requirements to enter satisfaction of a mortgage on property located in Colleton County. The action was referred for final judgment with direct appeal to the Supreme Court. The special referee entered judgment for the full statutory penalty of $72,500 against Fleet and NationsBank. Fleet and…

2Cases cited4 opinions

  1. Werner Et Ux. v. Automobile Fin. Co.Supreme Court of Pennsylvania · 1943
  2. First South Savings Bank, Inc. v. Gold Coast AssociatesCourt of Appeals of South Carolina · 1990
  3. Bolton v. DoeSupreme Court of South Carolina · 1976
  4. General Motors Acceptance Corp. v. McMinnSupreme Court of South Carolina · 1985

3Cited by4 opinions

  1. Roberts v. GaskinsCourt of Appeals of South Carolina · 1997
  2. Bostic v. American Home Mortgage Servicing, Inc.Court of Appeals of South Carolina · 2007
  3. Dykeman v. Wells Fargo Home Mortgage, Inc.Supreme Court of South Carolina · 2009
  4. State v. BaucomCourt of Appeals of South Carolina · 1999

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