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Tag Archives: Foreclosure

Real Property – Foreclosure Sale – Civil Practice – Service of Process – Personal Jurisdiction – Bona Fide Purchase – Full Payment (access required)

Belle Hall Plantation Homeowner’s Association, Inc. v. Murray (Lawyers Weekly No. 011-014-17, 14 pp.) (James Lockemy, C.J.) Appealed from Charleston County (Mkiell Scarborough, Master-in-Equity) S.C. App. Holding: Plaintiff attempted service on the wrong defendant; moreover, before appellants paid the balance ...

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Real Property – Foreclosure Sale – Bona Fide Purchasers – Civil Practice – Service of Process – Sale Price (access required)

Bloody Point Property Owners Association, Inc. v. Ashton (Lawyers Weekly No. 011-098-14, 8 pp.) (James Lockemy, J.) Appealed from Beaufort County (Marvin Dukes III, Master-in-Equity) S.C. App. Holding: The respondent-purchasers had no notice of the Pennsylvania appellants’ claims that they ...

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Real Property – Title Insurance – Title Defect — Mortgages – Foreclosure (access required)

Preservation Capital Consultants, LLC v. First American Title Insurance Co. Although a lender recouped more at the foreclosure on one of three mortgaged properties (via its own credit bid) than the original mortgage amount – and more than the amount of the title insurance policy – the amount owed on the mortgage had increased, leaving a deficiency which the title insurer must pay, up to the amount the lender could have recouped against a second mortgaged property if there had not been a defect in the title to that second property.

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Corporate – LLC – Judgments — Charge Order – Foreclosure – Civil Practice – Appeals (access required)

Kriti Ripley, LLC v. Emerald Investments, LLC Plaintiffs Kriti Rippley, LLC and Ashley River Properties II, LLC have a judgment against Kriti’s fellow member of Ashley – defendant Emerald Investments, LLC -- and Emerald’s owner, defendant Longman; plaintiffs have had a charging order against Emerald’s interest in Ashley for two and a half years; plaintiffs have received no payments toward the judgment; and Ashley has not and is not in a position to make distributions; therefore, foreclosure is the appropriate remedy.

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Another week, another OK for non-attorneys to perform law-like tasks (access required)

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It’s been a busy couple of weeks for the South Carolina Supreme Court as it declares things not to be the practice of law. One week after the high court ruled that non-attorneys could present claims against an estate in probate court on behalf of businesses, it found that modifying a loan likewise did not constitute the unauthorized practice of law.

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