Regions Bank v. Stewart Title Guaranty Company et al

Filing 79

ORDER. It is ordered that Regions' motion for a default judgment 51 is granted and Regions, the Plaintiff, does recover of Defendant Ginn Title Services, LLC the sum of $727,079.62. The Court orders that judgment by default be entered against Defendant Ginn Title Services, LLC as set forth above. Signed by the Honorable R Bryan Harwell on 2/3/2015. (hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Regions Bank d/b/a Regions
Mortgage,

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)
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Plaintiff,
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v.
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Stewart Title Guaranty Company and )
Ginn Title Services, LLC,
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)
Defendants.
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)

Civil Action No.: 4:13-cv-195-RBH

ORDER

Before the Court is Plaintiff Regions Bank d/b/a Regions Mortgage’s (“Regions”) motion for
a default judgment against Defendant Ginn Title Services, LLC (“Ginn”), filed April 18, 2014. See
Pl.’s Mot., ECF No. 51. Regions filed its complaint against Ginn on January 18, 2013. See Compl.,
ECF No. 1. On February 21, 2013 Ginn answered the complaint. See Answer of Ginn, ECF No. 9.
On January 16, 2014, however, counsel for Ginn moved to withdraw. See Mot., ECF No. 34–35.
The Court granted this motion and instructed Ginn that it “must obtain counsel and counsel must file
a Notice of Appearance in this Court no later than February 17, 2014” and that a failure to do so “may
result in the Court striking the answer of Defendant Ginn Title Services, LLC and entry of default on
the Court’s docket.” See Order, ECF No. 37.
No counsel had filed a notice of appearance as of February 21, 2014. Accordingly, the Court
set a status conference for March 7, 2014. See Notice of hearing, ECF No. 44. At the status
conference, counsel for both Regions and Defendant Stewart Title Guaranty Company appeared.
See Minute Entry, ECF No. 46. The Court notified the representative of Ginn of this status
conference, but no representative appeared on behalf of Ginn. See id.

Accordingly, the Court

ordered that the answer of Ginn be struck and the Clerk to enter default as to Ginn. See id. The
Clerk entered default on that same day, March 7, 2014. See Clerk’s Entry of Default, ECF No. 47.
The Court finds there is no need for an evidentiary hearing and that a decision is properly
reached on the basis of the uncontested pleadings and attachments to the motion. See Fed. R. Civ. P.
55(b)(2) (“The Court may conduct hearings . . . when, to enter or effectuate judgment , it needs to:
(A) conduct an accounting; (B) determine the amount of damages; (C) establish the truth of any
allegation by evidence; or (D) investigate any other matter.”); Anderson v. Found. for Advancement,
Educ. & Emp’t of Am. Indians, 155 F.3d 500, 507 (4th Cir. 1998) (“[I]n come circumstances a district
court entering a default judgment may award damages ascertainable from the pleadings without
holding a hearing.”). “If the defendant does not contest the amount pleaded in the complaint and the
claim is for a sum that is certain or easily computable, the judgment can be entered for that amount
without further hearing.” JTH Tax, Inc. v. Smith, No. 2:06cv76, 2006 WL 1982762, at *2 (E.D. Va.
June 23, 2006).
The Court has reviewed Regions’ submissions, and has determined that they provide a
reasonable basis upon which to rest an award of damages that is easily computable. The affidavit of
Steven Purser, a Vice President of Regions Bank, was provided as support for the motion for default
judgment before the Court. See Aff. of Steven Purser, ECF No. 50-1 to 50-3. In this affidavit, Mr.
Purser states that, as of April 17, 2014, Regions is owed $704,543.27, exclusive of attorneys’ fees in

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this action. See id. at ¶ 23. The affidavit also sets forth Regions’ methodology in reaching this
number. As of the date of this Order, February 3, 2015, this amount has increased to $727,079.62.1
IT IS THEREFORE ORDERED that Regions’ motion for a default judgment is
GRANTED and Regions, the Plaintiff, does recover of Defendant Ginn Title Services, LLC the sum
of $727,079.62.
The Court orders that judgment by default be entered against Defendant Ginn Title Services,
LLC as set forth above.
IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Florence, South Carolina
February 3, 2015

1

The Florida post judgment rate of interest has remained 4.75% per annum from the date of Regions’
affidavit until the date of this Order. See Historical Judgment Interest Rates, Florida Division of
Accounting and Auditing, http://www.myfloridacfo.com/Division/AA/Vendors/JudgmentInterestRat
es.htm#.VMafJf7F9ig (last visited Jan. 26, 2015). On the remaining judgment balance of
$595,099.84—the amount of the foreclosure judgment less the net sales proceeds of the Florida
Property—this amounts to interest per day of $77.4445. Between the date of the affidavit, April 17,
2014, and the date of this order, February 3, 2015, 291 days have passed, resulting in $22,536.35 in
additional accrued post-judgment interest. This interest added to the $704,543.27 owed as of April
17, 2014 results in a total of $727,079.62 owed as of February 3, 2015.
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