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Tag Archives: Real Property

Attorneys – Legal Malpractice – Expert Affidavit – Real Property – Title Insurance – Oral Contract (access required)

H&H of Johnston, LLC v. Old Republic National Title Insurance Co. Both parties’ evidence indicates that the defendant-lawyer’s actions in relation to a real property closing constituted the practice of law. Therefore, plaintiff’s failure to file an affidavit of an expert witness in compliance with S.C. Code Ann. § 15-36-100(B) dooms its claim.

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Taxation – Real Property – Civil Practice – Standing – Fair Market Value (access required)

Taylor v. Aiken County Assessor Although plaintiff did not buy the real property at issue until a foreclosure sale on Sept. 7, 2010 and so did not own it when the 2010 tax was assessed as of Dec. 31, 2009, plaintiff has standing to challenge the 2010 property tax assessment as a person whose property is subject to the property tax under S.C .Code Ann. §§ 12-60-30(22) and 12-60-2510(A)(4).

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Arbitration – Motion to Compel – Waiver – Real Property – Mortgages — Commercial Foreclosure (access required)

Wells Fargo Bank, N.A. v. EGIS 521, LLC Defendants did not demand arbitration until approximately 16 months after the commencement of this commercial foreclosure action, after defendants had enjoyed the benefit of discovery, and after the plaintiff-bank had incurred time and expense in engaging in discovery and preparing its motions to compel and for summary judgment.

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Real Property – Tort/Negligence – Constructive Trust – Corporate — Mortgages – Foreclosure – Lis Pendens (access required)

Carolina Park Associates, LLC v. Marino The same people were involved in two companies: (1) CDM of Charleston, LLC (CDM), which held a second mortgage on the Carolina Park real estate development and (2) MDC of Charleston, LLC (MDC), which was a member of the limited liability company that owned Carolina Park (Carolina Park Associates, LLC).

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Bankruptcy – Civil Practice – Standing – Real Property – Mortgage Assignment – Insurance – Proceeds (access required)

Carrington Mortgage Services, LLC v. Riley Defendant is an insolvent Chapter 7 debtor; therefore, he has no standing to challenge the proofs of claim filed by plaintiff, the holder of the debtor’s notes and mortgages. Moreover, a borrower may not attack the validity of assignments of his loan due to his status as a third party to the assignment.

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Civil Practice – Statute of Limitations – Real Property – Price – Attorneys (access required)

Michael v. Kiawah Island Real Estate, LLC Since the closing attorneys were also the plaintiff-buyers’ attorneys-in-fact, plaintiffs are charged with the attorneys’ knowledge that the sellers had paid a much lower price for the property just a week before plaintiffs bought it in October 2005. Plaintiffs’ action, filed in October 2011, is barred by the three-year statute of limitations.

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