Supreme Court of South Carolina July 25, 2012, No. 27146 (Bac Home Loan Servicing, L.P. v. Kinder)

Justice HEARN.

This case presents us with two issues: (1) whether an assignee of a note and mortgage has a right to surplus funds generated by the foreclosure of a prior mortgage on the property, and (2) whether that assignee is barred from recovering the surplus funds because the note and mortgage assigned to it allegedly were closed without attorney participation.