Hawkins v. SunTrust Bank
Annotate this CasePlaintiff appealed from a judgment on the pleadings entered in favor of SunTrust on her complaint for wrongful foreclosure. The trial court ruled that the action was barred by a South Carolina judicial foreclosure judgment. The court concluded that the trial court did not err in taking judicial notice of the South Carolina judgment and the service of process finding. The doctrine of res judicata/collateral estoppel bars relitigation of a factual dispute even when the factual dispute was erroneously decided in favor of a party who did not testify. The court concluded that allowing plaintiff to proceed in this action would frustrate the purpose of the full faith and credit provisions, res judicata, and collateral estoppel rules. Accordingly, the court affirmed the judgment.
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