South Carolina legal aid attorneys are expecting a “flood of evictions” in the coming months as the last line of protections for those who live federally subsidized homes expired Aug. 24. The moratorium on evictions proceedings that Congress’s CARES ...
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It would not be much of a stretch, the family’s attorney said, to call it a Christmas miracle. Just before the holiday, a family whose home had been foreclosed upon over a mere $250 in unpaid homeowners’ association dues ...
Tagged with: Foreclosure HOA
Read More »In this case, which seeks to set aside a foreclosure sale arising from unpaid homeowners’ association dues, the court follows the equity method and adds the amount of the home’s mortgage to the price paid at the foreclosure sale to ...
Tagged with: Foreclosure
Read More »Wachesaw Plantation East Community Services Association, Inc. v. Alexander (Lawyers Weekly No. 011-042-17, 9 pp.) (John Geathers, J.) Appealed from Georgetown County (Joe Crosby, Master-in-Equity) S.C. App. Holding: Since the homeowners’ association sought no deficiency judgment in this foreclosure action, ...
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The South Carolina Court of Appeals ruled that a Richland County clerk of court overstepped his authority when he approved a request to send a foreclosure case to a master, despite the defendant’s demand for a jury trial. In an ...
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Read More »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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Law firms retained to pursue foreclosure against homeowners are “debt collectors” subject to the federal Fair Debt Collection Practices Act, a federal appeals court ruled in a case involving law firm Samuel I. White PC from Virginia Beach, Virginia. In ...
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Read More »Deutsche Bank National Trust Co. v. Brader (Lawyers Weekly No. 002-17-16, 8 pp.) (R. Bryan Harwell, J.) 4:15-cv-00600; D.S.C. Holding: Although pro se defendant Brader has alleged that he is a citizen of South Carolina and that the plaintiff-bank is ...
Tagged with: Foreclosure
Read More »Hotel & Motel Holdings, LLC v. BJC Enterprises, LLC (Lawyers Weekly No. 011-108-15, 18 pp.) (Stephanie McDonald, J.) Appealed from Horry County Circuit Court (William Seals Jr., J.) S.C. App. Holding: Even though the respondent-bank worked to accommodate the defendant-appellants ...
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Finding guidance from out-of-state court decisions in considering a first-impression issue, the South Carolina Court of Appeals held on June 17 that without supporting documentation, a loan purchaser is barred by the hearsay rule from giving testimony regarding the loan’s ...
Tagged with: Foreclosure South Carolina Court of Appeals
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South Carolina Lawyers Weekly
