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NBSC, a Division of Synovus Bank v. Webber

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

August 14, 2017

NBSC, a Division of Synovus Bank, Plaintiff,
v.
Clarence W. Webber a/k/a Clarence Webber III a/k/a Clarence W. Webber, III a/k/a Clarence William Webber, III; Arthur State Bank; Ditech Financial LLC; Catherine E. Wingo; Karen E. Hollifield; South Carolina Department of Revenue; Discover Bank and United States of America, by and through its agency, the Internal Revenue Service, Defendants.

          PLAINTIFF NELSON MULLINS RILEY & SCARBOROUGH LLP B. Keith Poston, John T. Moore Attorneys for NBSC, a division of Synovus

          DEFENDANTS TALLEY LAW FIRM, P.A. Scott F. Talley 134 Oakland Avenue Spartanburg, Attorneys for Clarence W. Webber a/k/a Clarence Webber III a/k/a Clarence W. Webber, III a/k/a Clarence William Webber, III

          BETH DRAKE United States Attorney GEORGE J. CONITS Assistant United States Attorney Attorneys for the United States of America, by and through its agency, Internal Revenue Service

          Kiera C. Dillon (District I.D. No.: 11206) Counsel for Litigation Attorneys for the South Carolina Department of Revenue

          HARRISON, WHITE, SMITH & COGGINS, P.C. DONALD C. COGGINS, JR. Federal Bar I.D. Attorneys for Defendants Catherine E. Wingo and Karen E. Hollifield

          CONSENT ORDER FOR FORECLOSURE AND SALE

          Mary Geiger Lewis United States District Court Judge

         This matter is before the Court on the consent of the below-indicated parties to an Order for Foreclosure and Sale. This case is a mortgage foreclosure action. The Plaintiff is the owner of a Note, a Mortgage, and related documents executed by Defendant Clarence W. Webber a/k/a Clarence Webber III a/k/a Clarence W. Webber, III a/k/a Clarence William Webber, III ("Clarence Webber"). The other Defendants are junior lienholders whose liens on the property in question will be foreclosed in this action, but with those Defendants retaining the right to seek surplus funds after the sale of the property, if such funds exist, and with the Defendant Internal Revenue Service's statutory right of redemption being protected (such other Defendants, collectively with Clarence Webber, are hereafter referred to as "the Defendants").

         FACTS

         1. For value received, Clarence Webber made, executed and delivered to Plaintiff a promissory note dated March 22, 2012, promising thereby to pay the sum of Nine Hundred Eighty-Eight Thousand Nine Hundred and 00/100 ($988, 900.00) Dollars, with interest thereon, the terms of which are more fully explained by reference thereto ("Note"). Other terms and conditions are stated in the Note, which is of record herein.

         2. To better secure the payment of the Note described above, Clarence Webber made, executed and delivered to Plaintiff a Mortgage ("Mortgage") in writing, dated March 22, 2012, covering real property in Spartanburg County, which is the same as that described in the Complaint as the “Real Property.” The Mortgage was recorded on April 2, 2012 and is of record in the Office of Register of Deeds for Spartanburg County in Mortgage Book 4566 at Page 938.

         3. Thereafter, the Mortgage was modified by that certain Loan Modification Agreement dated April 24, 2013 and recorded April 29, 2013 in Book 4719 at Page 474 (“Modification A”) and by that certain Loan Modification Agreement dated April 24, 2013 and recorded June 3, 2013 in Book 4733 at Page 995 (“Modification B”), the terms of which are more fully explained by reference thereto. Modification A and Modification B are collectively referred to as the “Modification.” 4. The liens of the Defendants other than Clarence Webber are all junior to the lien of Plaintiff's Mortgage. The liens or claims of the Defendants on the Real Property are as follows:

a. Arthur State Bank, by virtue of an Order for Judgment, filed against Clarence W. Webber, III, in the amount of $11, 583.72 on July 14, 2015 under civil action no. 2014-CP-3155.
b. Ditech Financial LLC, by virtue of any judgment which may be obtained in the pending suit against Clarence Webber, III, filed under civil action no. 2015-CP-42-5054.
c. Catherine E. Wingo and Karen E. Hollifield, by virtue of a Confession of Judgment filed against Clarence William Webber, III, in the amount of $8, 750.00, filed on November 28, 2016 under civil action no. 2015-CP-42-1491.
d. South Carolina Department of Revenue, by virtue of various tax liens filed against Clarence Webber as follows:

Lien Number:

Lien Amount:

Recording Information:

3-51840406-5

$1, 242.73

5/19/15 in Book S-121 at Page 478

3-51840405-8

$1, 230.78

5/19/15 in Book S-121 at Page 477

3-51840404-1

$1, 355.71

5/19/15 in Book S-121 at Page 476

3-51840403-4

$1, 371.62

5/19/15 in Book S-121 at Page 475

3-51840042-1

$1, 201.91

5/19/15 in Book S-121 at Page 474

3-51840041-4

$1, 687.43

5/19/15 in Book S-121 at Page 473

3-51840040-7

$1, 848.38

5/19/15 in Book S-121 at Page 472

3-51840039-1

$1, 564.39

5/19/15 in Book S-121 at Page 471

3-51840038-4

$1, 399.80

5/19/15 in Book S-121 at Page 470

3-51885913-9

$32, 860.08

10/22/15 in Book S-125 at Page 579

e. Discover Bank, by virtue of an Order of Default Judgment filed against Clarence W. Webber, III, in the amount of $14, 037.91, filed on December 22, 2016 under civil action no. 2016-CP-42-2488.
f. United States of America, by and through its agency, the Internal Revenue Service, by virtue of a tax lien filed against Clarence Webber III in the amount of $151, 875.34, on ...

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