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Aug 14, 2023

Foreclosure activity dips in July; lender repossessions climb

Real estate data company ATTOM has released its July 2023 U.S. Foreclosure Market Report, which shows there were a total of 31,877 U.S. properties with foreclosure filings — default notices, scheduled auctions or bank repossessions — down 9% from a month ago but up 5% from a year ago. “The slight decline in foreclosure filings […]

Aug 25, 2020

Flood of evictions in the forecast as moratorium expires

  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 Act provided expired in July, but landlords of federally-backed properties had to wait 30 days […]

Dec 31, 2019

Home foreclosure over $250 debt struck down

  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 learned that they would finally be getting their house back after the South Carolina Supreme […]

Apr 5, 2018

Real Property – Foreclosure Price – Equity & Debt Methods – Homeowners’ Association Dues – Senior Encumbrance

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 determine that the sale price does not shock the conscience. We affirm the master-in-equity’s denial […]

Jun 29, 2017

Real Property – Foreclosure – Judicial Sale – Right of Redemption – Sale & Bid Compliance – Notice – Homeowners’ Association

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, the bidding did not have to remain open for 30 days after the auction; therefore, [&hell[...]

May 10, 2017

Foreclosure jury demand trumps rule on referrals

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 April 26 opinion in South Carolina Community Bank v. Salon Proz, the appeals court determined […]

Feb 13, 2017

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

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 of the purchase price, they learned that there could be a claim or defect that [&hellip[...]

Oct 26, 2016

Foreclosure firms are FDCPA ‘debt collectors’

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 its published 3-0 decision, the 4th U.S. Circuit Court of Appeals rejected a Rockville, Maryland, […]

Jan 22, 2016

Civil Practice – Federal Jurisdiction – Incomplete Diversity – Second Defendant – Real Property – Mortgage Foreclosure – Remand

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 a citizen of New York, Brader has not alleged the citizenship of defendant Mortgage Electronic […]

Nov 22, 2015

Real Property – Breach of Contract – Mortgages – Foreclosure – Tort/Negligence – Beach Hotels

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 for several years, there was no language in their 2008 promissory note prohibiting the bank […]

Jun 25, 2015

COA: Testimony on loan balance is hearsay if loan documents not admitted into evidence

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 balance. In Deep Keel LLC v. Atlantic Private Equity Group LLC, the appeals court determined […]

Aug 27, 2014

Real Property – Foreclosure Sale – Bona Fide Purchasers – Civil Practice – Service of Process – Sale Price

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 were not properly served with notice of the foreclosure on their Beaufort County property; therefore, [&hel[...]

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