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Unauthorized Practice of Law

Cases from April 2013 to June 2013

Loan modification
Modifying a loan does not constitute the unauthorized practice of law because, although the process touches on legal matters, public policy does not necessitate attorney supervision.
Crawford v. Central Mortgage Co., Op. No. 27273 (S.C. Sup. Ct. filed June 19, 2013) (Shearouse Adv. Sh. No. 27 at 36).

Probate

A non-attorney may present claims against an estate and petition for allowance of claims in the probate court on behalf of a business entity without engaging in the unauthorized practice of law.
Medlock v. University Health Services, Op. No. 27265 (S.C. Sup. Ct. filed June 12, 2013) (Shearouse Adv. Sh. No. 26 at 35).

Case from July 2011 to Oct. 2011


Closings
Equitable subrogation is not available to a lender that refinances the debt owed to it, and a lender who closes a loan without the supervision of an attorney will be precluded from receiving equitable remedy.
Matrix Fin. Servs. Corp. v. Frazer, No. 26859 (S.C. Sup. Ct., Aug. 8, 2011) (Shearouse Adv. Sh. No. 26).