South Carolina Rejects the Mortgage Replacement Doctrine
The Supreme Court of South Carolina rejected the mortgage replacement doctrine in the 2023 case ArrowPointe Federal Credit Union v. Bailey (PDF), upholding the decision of the SC Court of...
What is a Lady Bird Deed? Are Lady Bird Deeds Legal in South Carolina?
A lady bird deed, like other kinds of deeds, determines how ownership of a property is transferred and to whom. It’s similar to a life estate deed in that it...
What is a Right of First Refusal and When Is It Enforceable?
The right of first refusal sounds simple on the surface. A right of first refusal (ROFR) gives the right-holder the opportunity to enter into a business transaction with another party...
How is Joint Tenants with Rights of Survivorship Created and Severed in South Carolina?
One of the key benefits of holding property with someone as joint tenants with rights of survivorship is that when one cotenant dies, his/her share in the property automatically passes...
Tenants in Common with a Right of Survivorship: A Third Alternative in South Carolina
If you’ve bought property in South Carolina with another person or multiple people, then you might be familiar with the terms “tenants in common” and “joint tenants with rights of...
Accretion and Property Rights on Sullivan’s Island
Imagine you own beachfront property in South Carolina just steps away from the ocean. Now imagine that over time, the distance between your home and the ocean gets larger and...
What Happens If You Sell the Same Land to Two Separate Parties? Specific Performance as a Remedy
When seeking justice through the courts, a person or party who has been wronged may receive compensation to help right that wrong. That compensation may be a “legal remedy,” which...
Can Your HOA Foreclose on Your Home for Non-Payment of Dues?
Losing your home in a foreclosure because you missed a $250 HOA payment – can that actually happen? Is it even legal? Yes and yes. This exact situation happened to...
What Makes a “Grossly Inadequate” Sales Price: The Debt Method vs. the Equity Method
In South Carolina, a judicial sale of a property can be set aside if the sales price is “inadequate.” Either the sales price must be “inadequate” and also involve fraud,...
How A South Carolina Couple Missed an HOA Payment and Lost Their Home
Imagine this situation: You miss an HOA payment. Then you receive some legal documents in the mail, put them in a drawer, and forget about them. When the HOA sends...
