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U.S. Bank Nat'l Ass'n v. Johnson

STATE OF SOUTH CAROLINA In The Court of Appeals
Nov 14, 2012
Appellate Case No. 2011-193627 (S.C. Ct. App. Nov. 14, 2012)

Opinion

Appellate Case No. 2011-193627 Unpublished Opinion No. 2012-UP-611

11-14-2012

US Bank National Association, as Trustee under the Pooling and Service Agreement with Pooling ID #0040323 and Distribution Series 2006-EMX3, Respondent, v. Christine Jolley Johnson, Charles Waylan Johnson, Christopher Wayne Johnson, Crystal Dawn Holland and any other Heirs at Law or Devisees of Clarence Waylan Johnson, Deceased, their heirs, Personal Representatives Administrators, Successors and Assigns, and all other persons entitled to claim through them; all unknown persons with any right, title, or interest in the real estate described herein, also any person who may be in the military service of the United States of America, being a class designated as John Doe; and any unknown minors or persons under a disability being a class designated as Richard Roe; Cavalry SPV I, LLC; Hudson & Keyes, LLC, Defendants, Of whom Christine Jolley Johnson is the Appellant.

J. Edwin McDonnell, of South Carolina Legal Services, of Spartanburg, for Appellant. Thomas E. Lydon, of McAngus Goudelock & Courie, LLC, of Columbia, for Respondent.


THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE

CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING

EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.


Appeal From Spartanburg County

Gordon G. Cooper, Master-in-Equity

AFFIRMED

J. Edwin McDonnell, of South Carolina Legal Services, of Spartanburg, for Appellant.

Thomas E. Lydon, of McAngus Goudelock & Courie, LLC, of Columbia, for Respondent. PER CURIAM : Christine Johnson appeals the trial court's decision to grant summary judgment, arguing (1) there were issues of fact concerning whether US Bank had standing to bring the foreclosure action, (2) there was a question of fact as to the signing authority for the last assignment of the mortgage, and (3) the trust did not comply with its own pooling and service agreement. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities:

1. As to whether there were issues of fact concerning whether US Bank had standing to bring the foreclosure action: Hill v. S.C. Dep't. of Health & Envtl. Control, 389 S.C. 1, 23, 698 S.E.2d 612, 623 (2010) ("Generally, a party must be a real party in interest to the litigation to have standing."); S.C. Code Ann. § 36-3-301 (2006) ("'Person entitled to enforce' an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 36-3-309 or 36-3-418(d)."); Twelfth RMA Partners, L.P. v. Nat'l Safe Corp., 335 S.C. 635, 639-40, 518 S.E.2d 44, 46 (Ct. App. 1999) ("In South Carolina, it is well established that an 'assignee . . . stands in the shoes of its assignor . . . ."' (quoting Singletary v. Aetna Cas. & Sur. Co., 316 S.C. 199, 201, 447 S.E.2d 869, 870 (Ct. App. 1994))).
2. As to whether there was a question of fact as to signing authority for the last assignment and whether the trust properly owned the note and mortgage pursuant to the pool and servicing agreement: State v. Jones, 344 S.C. 48, 58, 543 S.E.2d 541, 546 (2001) (holding an issue is deemed abandoned if the argument in the brief is not supported by authority).

AFFIRMED.

SHORT, KONDUROS, and LOCKEMY, JJ., concur.


Summaries of

U.S. Bank Nat'l Ass'n v. Johnson

STATE OF SOUTH CAROLINA In The Court of Appeals
Nov 14, 2012
Appellate Case No. 2011-193627 (S.C. Ct. App. Nov. 14, 2012)
Case details for

U.S. Bank Nat'l Ass'n v. Johnson

Case Details

Full title:US Bank National Association, as Trustee under the Pooling and Service…

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Nov 14, 2012

Citations

Appellate Case No. 2011-193627 (S.C. Ct. App. Nov. 14, 2012)