May 29, 2013 South Carolina Court of Appeals published opinion

Chase Home Finance, LLC v Risher

Risher and her husband bought land using monies borrowed by the husband. Both names appeared on the deed. After husband died, Risher did not pay ion the loan and Chase sued to foreclose. The master ruled that Chase could only foreclose on husband’s one-half interest. The panel affirmed. It held that there was no evidence that Risher’s husband intended to encumber Risher’s one half interest, so, there were no grounds for an equitable lien on Risher’s interests. Nor was there a claim for unjust enrichment as there was no evidence that Risher induced the lender to give a benefit and in any event Chase had an adequate remedy in foreclosing on one half of the property and seeking a deficiency judgment from the estate.

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