Wells Fargo Bank v. Smalley ( 2015 )

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.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
Wells Fargo Bank, N.A., as Trustee for WaMu Mortgage
Pass-Through Certificates Series 2006-PR I Trust,
Respondent,
v.
Marvin Smalley and Bay Club Homes Property Owners
Association, Inc., Defendants,
Of whom Marvin Smalley is the Appellant.
Appellate Case No. 2013-002175
Appeal From Charleston County
Mikell R. Scarborough, Master-in-Equity
Unpublished Opinion No. 2015-UP-134
Submitted February 1, 2015 – Filed March 11, 2015
AFFIRMED
David K. Haller, of Haller Law Firm, of Charleston, for
Appellant.
Benjamin Rush Smith, III and Michael J. Anzelmo, both
of Nelson Mullins Riley & Scarborough, LLP, of
Columbia, for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Hayne Fed. Credit Union v. Bailey, 327 S.C. 242, 248, 489 S.E.2d
472, 475 (1997) ("A mortgage foreclosure is an action in equity."); id. ("Our scope
of review of a case heard by a master who enters a final judgment is to determine
facts in accordance with our own view of the preponderance of the evidence.");
Sloan v. Greenville Cnty., 356 S.C. 531, 546, 590 S.E.2d 338, 346 (Ct. App. 2003)
("A legal question in an equity case receives review as in law."); U.S. Bank Trust
Nat'l Ass'n v. Bell, 385 S.C. 364, 373, 684 S.E.2d 199, 204 (Ct. App. 2009)
("Because questions of law may be decided with no particular deference to the trial
court, this court may correct errors of law in both legal and equitable actions."); id.
at 374, 684 S.E.2d at 204 ("A mortgage and a note are separate securities for the
same debt, and a mortgagee who has a note and a mortgage to secure a debt has the
option to either bring an action on the note or to pursue a foreclosure action."); id.
at 374-75, 684 S.E.2d at 205 ("Generally, the party seeking foreclosure has the
burden of establishing the existence of the debt and the mortgagor's default on that
debt."); id. at 375, 684 S.E.2d at 205 ("Once the debt and default have been
established, the mortgagor has the burden of establishing a defense to foreclosure
such as lack of consideration, payment, or accord and satisfaction.").
AFFIRMED.1
THOMAS, KONDUROS, and GEATHERS, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.