Quicken Loans Inc v. Porter et al

Filing 36

ORDER granting 26 Motion for Summary Judgment; granting 28 Motion for Default Judgment; finding as moot 17 Motion for Summary Judgment; and Order and Judgment of Foreclosure and Sale as to all Defendants. Signed by Honorable J Michelle Childs on 1/30/2019.(asni, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION

Quicken Loans Inc.,

CIVIL ACTION NO. 3:17-cv-02284-JMC
PLAINTIFF,

v.
Adrianne Porter and Lansdowne
Homeowners Association Inc.,

I. ORDER GRANTING PLAINTIFF’S AMENDED
MOTION FOR SUMMARY JUDGMENT
as to Defendant Adrianne Porter;
II. ORDER GRANTING DEFAULT JUDGMENT as
to Defendant Lansdowne Homeowners Association Inc.;
AND

DEFENDANTS.

III. ORDER AND JUDGMENT OF FORECLOSURE
AND SALE AS TO ALL DEFENDANTS;
(DEFICIENCY WAIVED)

This matter comes before the court pursuant to the following: (1) Lis Pendens, Summons
and Complaint (ECF No. 1) (“Foreclosure Action”) filed by Quicken Loans Inc. (“Plaintiff”)
against Adrianne Porter (“Borrower”) and Lansdowne Homeowners Association Inc. (“HOA,” and
collectively with Borrower, “Defendants”); (2) Plaintiff’s Amended Notice of Motion and
Amended Motion for Summary Judgment as to Defendant Adrianne Porter only (ECF No. 26),
pursuant to Rule 56 of the Federal Rules of Civil Procedure, with Plaintiff’s Memorandum in
Support thereof (ECF No. 26-1) (“MSJ”); and (3) Plaintiff’s Notice of Motion and Motion for
Default Judgment as to Defendant Lansdowne Homeowners Association Inc. only (ECF No. 28),
pursuant to Rule 55 of the Federal Rules of Civil Procedure (“MDJ”). Based upon a review of the
court’s file, the Foreclosure Action, Plaintiff’s MSJ, Plaintiff’s MDJ, and all relevant and
applicable statutory law, case law and court Rules, the court hereby finds and concludes as follows:

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FINDINGS OF FACT AS TO FORECLOSURE ACTION, MSJ, AND MDJ
1.

The amount in controversy in this matter, exclusive of interest and costs, exceeds

Seventy-Five Thousand ($75,000.00) Dollars.
2.

This court has jurisdiction in this matter pursuant to 28 U.S.C. §1332 based on

Plaintiff’s allegations that there is complete diversity of citizenship between it and Defendants.
Specifically, Plaintiff is a corporation organized under the laws of Michigan with its principal place
of business in Detroit, Michigan. (ECF No. 1 at 1 ¶ 2.) Moreover, Borrower is a citizen and
resident of Richland County, South Carolina and HOA is a corporation organized under the laws
of South Carolina with its principal place of business in Lexington County, South Carolina. (Id.
¶¶ 3, 4.) Finally, the court is satisfied that the amount in controversy exceeds the sum of SeventyFive Thousand ($75,000.00) Dollars, exclusive of interest and costs. (Id. ¶ 5.)
3.

Venue in this District is appropriate under 28 U.S.C. §1339(b)(2) as the property

which is the subject of this action is located in this District.
4.

This case is appropriately filed in this Columbia Division of this court as a

substantial part of the events or omissions giving rise to the claim occurred in the Columbia
Division, and the organization defendant, upon information and belief, does business in the
Columbia Division relating to the events or omissions as the Note sued upon was executed in the
Columbia Division.
5.

The court has determined that Plaintiff has complied with the Administrative Order

of the Supreme Court dated May 2, 2011 (2011-05-02-01) and the Administrative Order of the
Supreme Court dated May 22, 2009 (2009-05-22-01).
6.

The Lis Pendens, Summons, and Complaint (and any amendments thereto or

joinders thereto) as well as service affidavits for all Defendants have been filed with the Clerk of
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Court.
7.

Plaintiff filed its Amended Motion for Summary Judgment as to Adrianne Porter

only on December 18, 2018. A motion for summary judgment is appropriate only when it is clear
there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter
of law. Shumpert v. Time Insurance Co., 328 S.C. 574, 493 S.E.2d 111 (Ct. App. 1997). In ruling
on a motion for summary judgment, the trial court must view the evidence and all inferences which
can be reasonably drawn therefrom in the light most favorable to the non-moving party. Id. Under
Rule 56(c), the party seeking summary judgment has the initial burden of demonstrating the
absence of a genuine issue of material fact. Once the moving party meets its initial burden, the
non-moving party may not rest on mere allegations or denials in the pleadings; rather the nonmoving party must come forward with specific facts showing there is a genuine issue for trial.
Boone v. Sunbelt Newspapers, Inc. 347 S.C. 571, 556 S.E. 2d 732 (Ct. App. 2001).
8.

Both Defendants are in default in this case as shown by the Certificates filed herein

and by the Clerk’s Entry of Default as to HOA issued on November 15, 2017. (ECF Nos. 6, 7,
11.)
9.

Borrower has not filed a response to Plaintiff’s MSJ.

10.

HOA has not filed a response to Plaintiff’s MDJ.

11.

According to the affidavits and certifications filed herein, any Defendants who are

in default have been reviewed for their eligibility under The Servicemembers' Civil Relief Act of
2003 (“SCRA”) and any amendments thereto, and this review does not indicate either of the
Defendants are eligible for protections.
12.

Defendants did not raise any credible issues related to Plaintiff's standing to

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prosecute this action, and Plaintiff is the real party in interest as contemplated by Rule 17(a), FRCP.
The court finds that any issues related to Plaintiff's standing or ability to prosecute this action are
waived. All allegations in Plaintiff’s Complaint are deemed admitted in full.
13.

For value received, Thomas Porter and Borrower made, executed and delivered a

Note dated June 6, 2014, to Plaintiff, promising thereby to pay to the order of Plaintiff, the sum of
$195,000.00 with interest at the rate of 4.250% per annum (“Note”). Other terms and conditions
are stated in the Note, which is of record herein.
14.

To better secure the payment of the Note, Thomas Porter and Borrower, made,

executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Quicken
Loans Inc. a Mortgage in writing, dated June 6, 2014, covering real property (“Property”) in
Richland County, which is the same as that described in the Complaint (“Mortgage”). The
Mortgage was filed on June 9, 2014, and is of record in the Office of the Register of Deeds for
Richland County in Book 1950, at Page 2905. The Mortgage evidences and secures the repayment
of money advanced by Plaintiff, or on behalf of, Thomas Porter and Borrower.
15.

Thereafter, said Mortgage was assigned to Plaintiff by assignment instrument dated

January 19, 2017 and recorded February 7, 2017, in Book 2185 at Page 3480 (“Assignment”).
16.

Subsequently, Thomas Porter a/k/a Thomas C. Porter a/k/a Thomas Christopher

Porter died testate on or about August 16, 2016, leaving the subject property to his devisees,
namely Adrianne Porter, as shown in Probate Estate Matter Number 2016ES4001386 (“Probate
Case”). Thereafter, Adrianne Porter (Borrower) was appointed as Personal Representative of the
Estate of Thomas Porter a/k/a Thomas C. Porter a/k/a Thomas Christopher Porter in the Probate
Case.

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17.

Pursuant to the South Carolina Lis Pendens Statute (S.C. Code Section 15-11-10,

et. seq.) (Supp. 2004), counsel for Plaintiff has accomplished a Report on Title whereby Counsel
for Plaintiff has, upon information and belief, named all parties who claim or may claim an interest
in the mortgaged Property. This court further finds that this Report on Title is a recoverable charge,
expense, or cost as provided for in the Mortgage and/or Note contracts, and the amount is found
to be reasonable.
18.

This court therefore finds that this Mortgage constitutes a purchase money first lien

on the Property.
19.

The court finds that Plaintiff and its counsel have fully complied with all of their

obligations as required under the specific terms of the Note and Mortgage being foreclosed as well
as all applicable Federal and/or State statutes or regulations, including, but not limited to, the
furnishing of any notices, where applicable (e.g. post referral loss mitigation solicitation letter
and/or acceleration warning letter, if or where applicable); and moreover and prior to the filing of
this judicial proceeding, Defendants had not raised any compliance defenses or objections as to
the servicing of any applicable banking or consumer laws by Plaintiff and/or its counsel.
20.

According to the records of Plaintiff and its counsel, neither Plaintiff nor its counsel

is aware of any party to this action currently being on active duty or recently discharged. The court
finds that counsel for Plaintiff shall be entitled to recover its charges from Plaintiff for this
Certification/Report to the court as part of its professional duties in prosecuting this action.
21.

According to the records of Plaintiff and its counsel, neither Plaintiff nor its counsel

is aware of any party to this action currently being under the protection of the United States
Bankruptcy Court. Moreover, any party to this action who is a discharged borrower to the debt

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owed to Plaintiff shall not be subject to, and is specifically excluded from, both the calculation and
collection of any amounts due and owing to Plaintiff, as required by Rule 71(a) of the South
Carolina Rules of Civil Procedure. The court finds that counsel for Plaintiff shall be entitled to
recover its charges from Plaintiff for this Certification/Report to the court as part of its professional
duties in prosecuting this action, and the court finds such charges to be reasonable.
22.

Payment due on the Note has not been made as provided for in the Note, and

Plaintiff has elected to require immediate payment of the entire amount due thereon and has placed
the Note and Mortgage in the hands of the attorney herein for collection.
23.

With respect to attorney fees, as contemplated in paragraph 6(E) of Plaintiff’s Note

and paragraph 22 of Plaintiff’s Mortgage, and in view of the potential financial liabilities and likely
continuing professional obligations inherent in judicially prosecuting a real property mortgage
credit matter, the attendant professional duties and responsibilities, and the size of the mortgage
debt and consistent with similar case proceedings before this court, I find that a reasonable
attorney’s fee in this matter would be $4,325.00. This award is consistent with the laws of this state
in the awarding of attorney fees. I have considered the six (6) factors (none of these factors is
controlling in the singular) as follows: (1) the nature, extent and difficulty of the legal service
rendered; (2) the time and labor necessarily devoted to the case; (3) the professional standing of
counsel; (4) the contingency of compensation; (5) the fee customarily charged in the locality for
similar legal services; and (6) the beneficial results obtained. Taylor v. Medenica, 331 S.C. 575,
503 S.E.2d 458 (1998); Baron Data Systems v. Loter, 297 S.C. 382, 377 S.E.2d 296 (S.C. 1989),
Jackson v. Speed, 326 S.C. 289, 486 S.E.2d 750 (1997). Pursuant to the language in the Note and
Mortgage, this court has specifically reviewed and satisfied itself with all six (6) factors, as well

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as the disclosed client billing by Plaintiff’s counsel considered in awarding reasonable attorneys'
fees and costs/expenses/charges in this matter as set forth herein in this paragraph as well as
Paragraph 22 of the Mortgage.

As itemized below, I find all of the itemized fees and

costs/expenses/charges to be reasonable.
24.

The amount due and owing on the Note, with interest at the rate provided in the

Note, including attorney's fee and allowable costs and charges allowable under and secured by the
Note and Mortgage, is as follows:
(a)

Principal due

(b)

Interest Due from 12/01/2016 to 01/30/2019

(c)

Pre-Acceleration Late Charges

(d)

Escrow Adjustments

$4,344.95

(e)

Property Preservation

$3,710.00

(f)

Property Inspections

(g)

NSF Fee

(h)

Previous Bankruptcy Fees/Cost

$706.00

(i)

Costs, charges, or expenses of collection prior to
hearing

$944.00

(j)

Attorney's fees and charges
(Foreclosure & applicable Bankruptcy)

$186,809.80
$17,187.44
$306.96

$177.00
$30.00

TOTAL DEBT secured by Note and Mortgage
including interest to date shown (“Total Debt”)

$4,325.00
$218,541.15

Interest shall continue to accrue on the unpaid principal balance shown in (a) above, at the 4.250%
from October 31, 2018, until entry of judgment, and such interest shall be added to the above stated
Total Debt to comprise the amount of the judgment debt entered herein. Interest after the date of
entry of judgment at the rate of 4.250% per annum (pursuant to the terms of the Note and
Mortgage) shall accrue on the judgment debt and shall be added to such judgment debt to comprise

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the amount of Plaintiff's debt secured by the Mortgage through the date of compliance with the
terms of judicial sale. (Items (e) through (j) are subject to supplemental revision by Plaintiff’s
counsel and/or modification by the court.)
25.

Based upon a search of the public records of the aforesaid county pursuant to the

South Carolina Lis Pendens statute, all persons or entities having an interest or lien or possible
claim in or upon the mortgaged premises subordinate to the lien of Plaintiff as of the date and time
of the filing of the Lis Pendens herein have been made parties defendant.
26.

Plaintiff is seeking the usual foreclosure of mortgage and has in the Complaint

expressly waived the right to a personal or deficiency judgment.
27.

HOA below-named claims or may claim a subordinate lien or junior interest upon

or interest in the subject Property, including but not limited to the subordinate lien or junior
interests specifically described below, and in the event there is a surplus from the sale of the
Property, the validity, priority and amount of any such lien claim will be determined at a hearing
subsequent to the sale, in accordance with the Rules 53 and/or 71, SCRCP. The HOA is further
made a party in order to clear title to this Property as follows:
a) The Defendant, Lansdowne Homeowners Association, Inc., by virtue of any
lien or enforceable assessments against the subject property.
28.

None of the named Defendants has established any claims or defenses, legal or

equitable, for relief against Plaintiff, and therefore, no relief, be it legal or equitable, shall be
granted to either of the Defendants. In addition, all persons and/or entities who may be or may
have been entitled to claim through or under the title or interest of the named Defendants in the
subject Property shall likewise absolutely be barred and forever foreclosed of any rights, titles, or
interests.

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CONCLUSIONS OF LAW
As a result of the foregoing, the court concludes as follows:
1.

Plaintiff has met the requirements of the Administrative Order of the South Carolina

Supreme Court (2011-05-02-01) issued by Chief Justice Jean H. Toal, dated May 2, 2011, and
Plaintiff has met the requirements of the Administrative Order of the South Carolina Supreme
Court (2009-05-22-01) issued by Chief Justice Jean H. Toal, dated May 22, 2009.
2.

With the production of the Note, Mortgage, Assignment, Affidavit of Indebtedness,

and Affidavit of Attorney’s fees, Plaintiff has provided ample evidence that it is entitled to
foreclosure in this matter and has properly established its damages due to the Borrower’s breach
of the terms and conditions of the Note and Mortgage.
3.

Furthermore, neither Defendant has provided any evidence of any specific facts

which would tend to show there is a genuine issue of material fact for trial, and both Defendants
are in default in this matter.
4.

Therefore, Plaintiff’s Amended Motion for Summary Judgment as to Adrianne

Porter only should be granted; Plaintiff’s Motion for Default Judgment as to Lansdowne
Homeowners Association Inc. only should be granted; and Plaintiff should have judgment of
foreclosure of the Mortgage, and the mortgaged Property should be ordered sold at public auction
after due advertisement.
5.

Defendants have not established any claims or defenses, legal or equitable, for relief

against Plaintiff, and therefore, no relief, be it legal or equitable, shall be granted to any of the
named Defendants. In addition, all persons who may be entitled to claim through or under the title
or interest of the named Defendants in the subject Property shall likewise absolutely be barred and

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forever foreclosed.
Therefore, based on the foregoing,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1.

Plaintiff has met the requirements of the Administrative Order of the South Carolina

Supreme Court (2011-05-02-01) issued by Chief Justice Jean H. Toal, dated May 2, 2011, and
Plaintiff has met the requirements of the Administrative Order of the South Carolina Supreme
Court (2009-05-22-01) issued by Chief Justice Jean H. Toal, dated May 22, 2009.
2.

Plaintiff’s Amended Motion for Summary Judgment is hereby granted as to

Adrianne Porter. (ECF No. 26.)
3.

Plaintiff’s Motion for Default Judgment is hereby granted as to Lansdowne

Homeowners Association Inc. (ECF No. 28.)
4.

Plaintiff is hereby granted an Order and Judgment of Foreclosure and Sale as to all

Defendants.
5.

There is due to Plaintiff on the Note and Mortgage as set forth in the Complaint,

the sum of $216,561.90, representing the Total Debt due Plaintiff as set forth supra, together with
interest at the rate provided therein on the balance of principal from the date aforesaid to the date
hereof.
6.

The amount due in the preceding paragraph (the Total Debt as set forth in Paragraph

24 in the Findings of Fact and Paragraph 5 directly above, plus later-accrued interest on the
principal) shall constitute the total judgment debt due Plaintiff (as may be supplemented as
permitted by the court) and shall bear interest hereafter at the rate of 4.250 percent per annum.
7.

On default of payment at or before the time herein indicated, the mortgaged

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Property described in the Complaint, and as more fully described hereinafter, shall be sold by this
court, by and through the United States Marshals Service, at public auction, after giving Notice of
the time and place of such sale by due advertisement according to law. Any sales date is tentative
and may be rescheduled at any time prior to the sale without further order of this court or written
notice to the parties of the notice of sale, provided notice of the new sales date is duly advertised
as required by law. The sale shall be according to the following terms:
(a)

FOR CASH: The selling officer will require a deposit of 5% on the amount

of the bid (in cash or equivalent), said 5% deposit being due and payable immediately upon the
closing of the bidding, same to be applied to the purchase price only upon compliance with the
bid, but in case of non-compliance within 20 days, same is to be forfeited and applied to the costs
and Plaintiff's debt.
(b)

Interest on the balance of the bid shall be paid to the day of compliance at

the rate of 4.250 percent.
(c)

The sale shall be subject to taxes and assessments, existing easements and

restrictions of record and prior liens of record.
(d)

This Mortgage constitutes a purchase money first lien covering the real

Property and improvements therein described, if applicable, any mobile/manufactured home
located thereon.
(e)

Purchaser to pay for deed stamps/transfer taxes and cost of recording the

deed with Plaintiff to pay the statutory allowed fee to the preparer of said deed (be it this court, the
selling officer, or counsel for Plaintiff).
8.

If Plaintiff be the successful bidder at said sale, for a sum not exceeding the amount

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of costs, expenses and the indebtedness to Plaintiff in full, Plaintiff may pay to the court only the
amount of the outstanding costs and expenses crediting the balance of the bid on the indebtedness.
9.

No personal nor deficiency judgment being demanded, the bidding will not remain

open after the date of sale, but compliance with the bid may be made immediately.
10.

This court, by and through the United States Marshals Service, will by

advertisement according to law, give notice of the time and place of such sale, and the terms
thereof. Any sales date is tentative and may be rescheduled at any time prior to the sale without
further order of this court or written notice to the parties of the notice of sale, provided notice of
the new sales date is duly advertised as required by law. This court will execute to the purchaser,
or purchasers, a deed to the premises sold. Plaintiff, or any other party to this action may become
a purchaser at such sale, and that if, upon such sale being made, the purchaser, or purchasers,
should fail to comply with the terms thereof within 20 days after the date of sale, then this court,
by and through the United States Marshals Service, may advertise the said premises for sale on the
next, or some other subsequent sales day, at the risk of the highest bidder, and so from time to time
thereafter until a full compliance shall be secured. In the event Plaintiff is the successful bidder,
at its option, or the option of its assignee, the deed may be taken subject to payment by grantee of
any taxes or assessments constituting a lien against the Property sold under this order and
hereinafter more fully described. All bidders are hereby and herein noticed that in the event the
successful bidder is a third party, neither Plaintiff nor Plaintiff's counsel makes any warranties or
representations of any kind as to the subject Property, including but not limited to its title or
habitability on behalf of the third-party bidder or any subsequent purchasers.
11.

The sale will not be held unless either Plaintiff's attorney or Plaintiff's bidding agent

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is present at the sale, and either Plaintiff's attorney or Plaintiff's bidding agent enters the authorized
bid of Plaintiff for this individually captioned matter. In the event a sale is inadvertently held
without Plaintiff's counsel or counsel’s bidding agent entering the authorized bid of Plaintiff for
this specifically captioned matter, the sale shall be null and void and the Property shall be readvertised for sale on the next available sale date.
12.

In the event of a third party bidder wherein the successful third party bidder fails to

deliver the required deposit in certified (immediately collectible) funds to this court, by and
through the United States Marshals Service, by close of bidding on the day of the sale, this court,
by and through the United States Marshals Service will re-sell the subject property at the most
convenient time thereafter (including the day of sale) upon notification to counsel for Plaintiff.
13.

This court, by and through the sale by the United States Marshals Service, shall

apply the proceeds of the sale as follows:
FIRST:

To the payment of the amount of the permitted costs, charges, and expenses

of this action, including any Guardian ad Litem or SCRA Attorney Fee or fees of any
attorneys appointed by motion of Plaintiff’s counsel and under Order of the court;
NEXT:

To the payment to Plaintiff or Plaintiff’s attorney, of the amount of Plaintiff's

debt and interest or so much thereof as the purchase money will pay on the same; and
Plaintiff's attorney shall receive and disburse such funds only in total and absolute
compliance with the debt, interest, escrow, and related calculations of this court including
the court’s award for attorney fees, court permitted charges and taxable costs pursuant to
the applicable Federal and South Carolina Rules of Civil Procedure; and
NEXT:

Any surplus will be held pending further order of the court as provided for

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in the Federal and South Carolina Rules of Civil Procedure and particularly Rule 71(c) of
the South Carolina Rules of Civil Procedure.
14.

It is further ORDERED, that if the successful bidder is other than the person or

entity in possession herein, the Sheriff of Richland County, South Carolina is ordered and directed
to evict and remove from the Property the occupants of the Property sold, together with all personal
property located thereon, and put the successful bidder or his assigns in full, quiet and peaceable
possession of said Property without delay, and to keep said successful bidder or his assigns in such
peaceable possession.
15.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that in the event

there is a mobile/manufactured home located on the subject property, the South Carolina
Department of Motor Vehicles is directed and ordered to provide the new Certificate of Title to the
attorneys for Plaintiff as agent for the grantee on the deed upon payment of the required title fees
on any mobile/manufactured home which is herein located on the subject property and intended to
be collateralized by Plaintiff's security documents as heretofore received into evidence by this
court, or which may be received into evidence at any necessary hearing post sale of the subject
property.
16.

And it is further ORDERED, ADJUDGED AND DECREED that none of the

named Defendants has established any claims or defenses, legal or equitable, for relief against
Plaintiff, and therefore, no relief, be it legal or equitable, shall be granted to any of the named
Defendants. In addition, all persons and/or entities who may be or may have been entitled to claim
through or under the title or interest of the named Defendants in the subject property shall likewise
absolutely be barred and forever foreclosed of any rights, titles, or interests.

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17.

IT IS FURTHER ORDERED that the deed of conveyance made pursuant to said

sale shall contain the names of only the first-named Plaintiff and the first-named Defendant, and
the Defendant who was the titleholder of the mortgaged Property at the time of the filing of the
notice of pendency of the within action, and the name of the grantee, and the applicable recorder
of deeds is authorized to omit from the indices pertaining to such conveyance the names of all
parties not contained in said deed.
18.

This court will retain exclusive jurisdiction to do all necessary acts incident to this

foreclosure, including, but not limited to, all matters post-sale which may affect the transfer of the
title to the subject real Property and all improvements thereon, as well, the issuance of a Writ of
Assistance.
19.

Upon issuance of the Report on Sale and Disbursements, the Register of Deeds for

Richland County, South Carolina is directed to release of record the Mortgage lien being
foreclosed, which Mortgage lien is described as follows:
Mortgage from Thomas Porter and Adrianne Porter to Mortgage Electronic
Registration Systems, Inc., as nominee for Quicken Loans Inc., dated June 6, 2014,
covering real property in Richland County, filed on June 9, 2014, and is of record
in the Office of the Clerk of Court/Register of Deeds for Richland County in 1950,
at Page 2905.
20.

This sale is specifically subject to all title matters of record, including but not

limited to any other senior lien or encumbrance, and any interested party should consider
performing an independent title examination of the subject property as no warranty is given at all
by the court, Plaintiff or its counsel.
21.

The following is a description of the mortgaged Property/premises herein ordered

to be sold:
All that certain piece, parcel or lot of land, with improvements thereon, situate,
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lying and being near Columbia, in the County of Richland, State of South Carolina.
The same being designated as Lot No. 98 on Bonded Plat of Heise`s Pond at
Lansdowne, by US Group, Inc. dated January 22, 1996, revised March 4, 1996 and
recorded in Plat Book 56 at Page 2120. Said property being more particularly
shown and described as Lot 98 (containing 0.51 acre), Heise`s Pond on a plat
prepared for Christopher B. Holland and Pamela Gail Hutson by Cox and Dinkins,
Inc. dated September 5, 1997 and recorded September 23, 1997 in Plat Book 57 at
Page 584 and having such boundaries and measurements as shown on the last above
described survey.
Said property is subject to all applicable covenants, conditions, restrictions,
limitations, obligations and easements of record.
This being the same property conveyed unto Thomas C. Porter and Adrianne Porter
as Joint Tenants with the rights of survivorship, as defined in §27-7-40, SC Code
of Laws (1976), and not as tenants in common, by virtue of a Deed from
Christopher B. Holland and Pamela G. Hutson dated June 6, 2014 and recorded
June 9, 2014 in Book 1950 at Page 2903 in the Office of the Register of Deeds of
Richland County, South Carolina.
____________________________________________________________
Subsequently, Thomas C. Porter died on August 16, 2016, as shown in Probate
Estate Matter Number 2016ES4001386, leaving Adrianne Porter as the sole owner
of the subject property. Subsequently, Thomas Porter a/k/a Thomas C. Porter a/k/a
Thomas Christopher Porter died testate on or about 08/16/2016, leaving the subject
property to his/her devisees, namely Adrianne Porter, as shown in Probate Estate
Matter Number 2016ES4001386. Thereafter, Adrianne Porter was appointed as
Personal Representative of the Estate of Thomas Porter a/k/a Thomas C. Porter
a/k/a Thomas Christopher Porter (Probate Estate Matter Number 2016ES4001386).
TMS No. 23113-09-04
Property address: 16 Dunnock Court
Columbia, SC 29229-9526
22.

IT IS FURTHER ORDERED that if Plaintiff nor Plaintiff's representative does not

appear at the scheduled sale of the above-described Property, then the sale of the Property will be
null, void and of no force and effect. In such event, the sale will be rescheduled for the next
available sales day as ordered by this court.
23.

IT IS FURTHER ORDERED that none of said Defendants raised any credible

issues related to Plaintiff’s standing to prosecute this action. Therefore, any issues related to
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Plaintiff’s standing or ability to prosecute this action are waived.
24.

Defendants have not established any claims or defenses, legal or equitable, for relief

against Plaintiff, and therefore, no relief, be it legal or equitable, shall be granted to any of the
named Defendants. In addition, all persons who may be entitled to claim through or under the title
or interest of the named Defendants in the subject Property shall likewise be absolutely barred and
forever foreclosed.
IT IS SO ORDERED.1

United States District Judge
January 30, 2019
Columbia, South Carolina

The court observes that as a result of the foregoing, Plaintiff’s Motion for Summary Judgment is
Moot. (ECF No. 17.)
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