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McCullough v. Goodrich & Pennington Mortgage Fund, Inc.: Are Secured Creditors Really “Secure” from Third Party Impairment of Collateral?
Author: R. Davis Rice
Published: 59 S.C. L. Rev. 455 (2008) This Note discusses the recent South Carolina Supreme Court decision McCullough v. Goodrich & Pennington Mortgage Fund, Inc. in which the court held that secured creditors may not maintain an independent tort claim against third parties for impairing collateral. This Note argues against the court’s holding in that a security interest in collateral is a sufficient property interest to provide a basis for recognizing a secured creditor’s tort claim against a third party for impairment of collateral. In addition, this Note articulates a few options that may be available to protect secured parties following this decision.
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