· 1/6/1992
South Carolina Federal Savings Bank v. San-A-Bel Corp.
Citations
- 413 S.E.2d 852
- 307 S.C. 76
- 1992 S.C. App. LEXIS 9
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “the purchaser under an executory contract for the purchase and sale of real property has an equitable lien on the property in the amount paid on the purchase price”
- recognizing that \the purchaser under an executory contract for the purchase and sale of real property has an equitable lien on the property in the amount paid on the purchase price\
- holding the rationale for granting purchase money mortgages priority over all other liens is that the mortgagor’s interest in the property is made possible by the purchase money loan
- upholding the priority of a purchaser’s lien, acquired under an executory contract for the purchase and sale of real property, over a subsequent mortgage taken with notice of the contract
- \[P]urchase money mortgages are accorded priority over all other liens arising through the mortgagor.\ (emphasis added)
- one who takes a security interest in real property with notice of an existing third-party equity in the property takes subject to the third party’s interest
Source: CourtListener parenthetical corpus (CC0).
Judges: Bell, Bruce, Littlejohn, Shaw
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.