Archive for the ‘Mortgage Foreclosure’ Category

Student Paper on Using Maxims as a Beacon: How Equity Helped the Good Guy Survive the Storm

October 15, 2012

This student paper, titled Using Maxims as a Beacon How Equity Helped the Good Guy Survive the Storm, was written for my Spring 2012 Equity class by Shirene C. Hansotia and Ansley H. Willis .

Famous South Carolina Matrix Case

September 20, 2011

This case has been the subject of a great deal of discussion throughout the State. It deals with a mortgage foreclosure and the doctrine of equitable subrogation. In addition, a majority of the South Carolina Supreme Court held that it involved the unauthorized practice of law in the State of South Carolina. I am delighted to be posting now a future law review note, written by a third year Charleston School of Law student, Josh Crowfoot,  who has written a very interesting piece on the Matrix decision. Of course, his views are just that, his own views and this piece will officially be published in the Student Edition Section of the Charleston School of Law Review in the near future. I thank Josh for writing it, I thank the Charleston School of Law for its permission to publish here (in its unofficial version) and I certainly invite readers to comment on this subject — pro and con. It is a highly contested topic — as the Court itself was quite divided on this issue.

Stephen Spitz

PS: A copy of Josh’s background is also attached as a link.


The Extraordinary Power of TROs: A Note on In Re Federal National Mortgage Association (“Fannie Mae”)

June 18, 2010

This next paper is truly an interesting one. Just recently, the South Carolina Supreme Court was confronted with a grave problem which directly impacted – quite literally – hundreds of possible mortgage foreclosure cases.

Although I am highly biased (after all, I am a lawyer and a law school professor), on the whole, the South Carolina Court System is up to almost any challenge, no matter how difficult it may first appear to be. At all events, confronted with a grave set of problems, potentially impacting countless mortgage foreclosures, the Chief Justice entered a remarkable Order (modified in part several weeks later) to address this then pending crisis. This paper, written by two very good law students whose bios are linked to here, discusses some of the unusual events and the unusual actions taken by the Court in this moment of crisis. It not only makes for highly interesting reading – it is instructive at several different levels. I pass it on now – and, of course, like all the other papers that are already on the blog and more to come, I invite comment.

Please remember, all these papers were written by third year law students. I thank them for their invaluable contribution and look forward to someday having a lot of free legal research available for interested members of the judiciary, interested members of the bar, and just those plain interested in the topics of equity, equitable remedies, and equitable jurisprudence.

PS: Most of these papers deal directly with South Carolina law.