We granted WeSav Financial Corporation’s (WeSav) petition for writ of certiorari to review
WeSav Financial Corp. v. Lingefelts,
— S.C. —,
Facts
Billy and Ethel Lingefelts (Lingefelts) entered a retail installment sales contract and security agreement with Forest Hills Homes, Inc. (Seller), creating a security interest in a mobile home. The agreement was duly perfected and assigned to WeSav. Upon the Lingefelt’s default, WeSav filed suit for claim and delivery of the mobile home. The Lingefelts answered and counterclaimed alleging, among other things, intentional breach of contract and the publishing of libelous and slanderous statements to local credit agencies concerning their nonpayment of mortgage installments.
Following a hearing on WeSav’s motion for summary judgment, the trial judge was given notice that WeSav’s parent company, Western Savings and Loan Association, F.A. (Western), had been placed into receivership and the Resolution Trust Corporation (RTC) had been appointed receiver. Thereafter, the trial judge granted WeSav’s motion for summary judgment and Lingefelts appealed. The Court of Appeals found that the RTC, as Western’s receiver, owns the assets of WeSav and, therefore, is the real party in interest. Without ruling on the Lingefelts’ exception to the trial judge’s summary judgment, the Court of Appeals remanded the cause of action to the trial judge so that the Lingefelts could move to join or substitute the RTC. We granted certiorari and now review both the Court of Appeals’ decision to remand the case for joinder of the RTC and the trial judge’s grant of summary judgment.
Analysis
WeSav contends the Court of Appeals erred in holding that the RTC is the owner of WeSav’s assets and, thus, the real party in interest in this action. We agree.
When the RTC becomes a receiver for a failed corporation, it takes “title to the books, records, and assets” of the corporation. 12 U.S.C.A. § 1821(d)(2)(A)(ii) (1989). As receiver for Western, the RTC acquired title to Western’s assets, which includes WeSav’s stock.
The Lingefelts also allege that the trial judge erred in granting WeSav’s motion for summary judgment on their counterclaim for libel and slander. We disagree.
The Lingefelts’ counterclaim alleges that WeSav published libelous and slanderous statements to local credit agencies regarding their nonpayment of loan installments. In their answer, the Lingefelts admitted that they had not paid the loan installments. The truth of the matter is a complete defense to an action based on defamation.
Ross v. Columbia Newspaper, Inc.,
The Lingefelts’ remaining exceptions do not contain a complete assignment of error and, therefore, violate Supreme Court Rule 4. § 6.
2
Germain v. Nichol,
Reversed.
