Title 44, Chapter 14, Section 1
( 44-14-1)
(a) As used in this Code section, the term "original party" means,
without limitation, any bank, trust company, or other corporation
into which the grantee of any real estate mortgage or deed conveying
realty as security for a debt shall be merged or consolidated. In
addition to the foregoing, the term "original party," as used in
this Code section, shall also include, without limitation, any bank,
trust company, or other corporation, whether organized and existing
under the laws of the United States or this state, into which the
grantee of any real estate mortgage or deed conveying realty as
security for a debt shall be converted. (b) Except as provided in subsection (c) of this Code section, the
operation of "open-end" clauses contained in real estate mortgages
or deeds conveying realty as security for a debt, which clauses
provide that, in addition to securing the debt named or described in
the instrument, such instruments or the property thereby conveyed
shall also secure any other debt or obligation that may be or become
owing by the mortgagor or grantor, is limited to other debts or
obligations arising ex contractu, as distinguished from those
arising ex delicto, between the original parties to the security
instrument. (c) A transferee or assignee of an original party to a home equity
line of credit agreement or contract who makes additional advances
or disbursements on a home equity line of credit shall have the
benefit of the security under the deed if the disbursements, made
after the assignment, were authorized by the original parties to the
home equity line of credit agreement or contract. |