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Baker v. Denton

United States District Court, D. South Carolina, Charleston Division

June 3, 2014

Louise H. Baker, Plaintiff,
v.
Cindy C. Denton, Karla Denton, Dennis Massengail, Gina Massengail, Branch Banking and Trust Company, and Myers Park Mortgage, Inc., Defendants. Dennis Massengail and Gina Massengail, Third-Party Plaintiffs,
v.
United States of America, County of Georgetown, Loretta D. Washington Cooper, and the O'Brien Law Firm Co., L.P.A., Inc., Third-Party Defendants. The O'Brien Law Firm Co., L.P.A., Inc., Fourth-Party Plaintiff,
v.
D& D Title Search Services, LLC, a/k/a D& D Title Search Services; and Harrington, Moran, Barksdale, Inc.; Fourth-Party Defendants

For Louise H Baker, Plaintiff: Charles Tucker Smith, LEAD ATTORNEY, Georgetown, SC; John Pyatt INACTIVE Grimes, LEAD ATTORNEY, Grimes and Smith, Georgetown, SC.

For Dennis Massengail, Gina Massengail, Defendants: Alwyn Taylor Silver, LEAD ATTORNEY, Ronald J Talbert Law Office, Andrews, SC; Daniel Quigley INACTIV Orvin, Matthew E Tillman, LEAD ATTORNEY, Womble Carlyle Sandridge and Rice, Charleston, SC.

For Dennis Massengail, Gina Massengail, ThirdParty Plaintiffs: Alwyn Taylor Silver, LEAD ATTORNEY, Ronald James Talbert, Ronald J Talbert Law Office, Andrews, SC; Daniel Quigley INACTIV Orvin, Matthew E Tillman, LEAD ATTORNEY, Womble Carlyle Sandridge and Rice, Charleston, SC.

For County of Georgetown, Lorretta D Washington Cooper, ThirdParty Defendants: David J Mills, LEAD ATTORNEY, McNair Law Firm, Georgetown, SC.

For United States of America, ThirdParty Defendant: Matthew J Modica, LEAD ATTORNEY, U.S. Attorneys Office (Chas), Charleston, SC.

For The O'Brien Law Firm Co LPA INC, ThirdParty Defendant, FourthParty Plaintiff: J Bennett Crites, III, Collins and Lacy (Chas), Charleston, SC.

For D& D Title Search Services LLC, also known as D& D Title Search Services, FourthParty Defendant: Tucker S Player, LEAD ATTORNEY, Player Law Firm, Columbia, SC.

For Harrington, Moran & Barksdale, Inc., FourthParty Defendant: Christopher M Hinnant, LEAD ATTORNEY, Cranfill Sumner and Hartzog, Wilmington, NC; Robert Marc Rubin, LEAD ATTORNEY, Cranfill Sumner and Hartzog, Charlotte, NC.

Page 795

ORDER

PATRICK MICHAEL DUFFY, United States District Judge.

This matter is before the Court upon Defendants and Third-Party Plaintiffs Dennis Massengail and Gina Massengail's (collectively, " the Massengails" ) Motion for Summary Judgment (" Motion" ) seeking to set aside a tax sale. Third-Party Defendants United States of America (" United States" ) and The O'Brien Law Firm Co., L.P.A., Inc. (" The O'Brien Law Firm" ), as well as Fourth-Party Defendants D& D

Page 796

Title Search Services, LLC (" D& D" ), and Harrington Moran Barksdale Inc. (" HMBI" ), have joined the Massengails' Motion. Plaintiff Louise H. Baker (" Plaintiff" ) filed a Memorandum in Opposition to the Massengails' Motion, and Third-Party Defendants County of Georgetown (" Georgetown County" ) and Loretta D. Washington Cooper (" Tax Collector" ) have joined Plaintiff's Memorandum. The Massengails filed a Reply. For the reasons set forth below, the Court grants the Massengails' Motion.

BACKGROUND

This lawsuit arises out of a tax sale conducted by the Georgetown County Treasurer and Tax Collector. In 2008, Defendants Cindy C. Denton and Karla Denton (collectively, " the Dentons" ) owned 13 Blackwood Trail, Pawleys Island, South Carolina (the " Property" ). The Dentons failed to pay the 2008 water and sewer assessments on their Property and failed to pay their mortgage lender, Security Atlantic Mortgage Co., Inc.

On March 17, 2009, the Treasurer issued a tax execution directing that the Property be seized, levied upon, and sold for nonpayment of the 2008 water and sewer assessments. On May 1, 2009, the Tax Collector sent notice of the tax execution to the Dentons by certified mail. On October 7, 2009, the Tax Collector posted notice of the tax execution on the Property. On October 14, October 21, and October 28, 2009, the Tax Collector published notice in the newspaper that the Property would be sold at a delinquent tax sale. On November 2, 2009, the Tax Collector sold the Property at public outcry to pay the 2008 water and sewer assessments. Plaintiff was the high bidder and complied with her bid.

While the Tax Collector was enforcing the lien of the 2008 water and sewer assessments, the mortgage on the Property was being foreclosed. On July 21, 2009, a mortgage foreclosure action was instituted against the Dentons. On August 11, 2009, the mortgage was assigned from Security Atlantic Mortgage Co., Inc., to BAC Home Loans Servicing, L.P. (" BAC" ). On March 9, 2010, a foreclosure hearing was ...


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