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Quicken Loans Inc v. Junkins

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

January 3, 2018

Quicken Loans Inc., Plaintiff,
v.
Patrick H. Junkins, Defendant.

          ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW

         This action for the foreclosure of a mortgage upon certain real estate in Aiken County, South Carolina, comes before the Court on the Motion for Default Judgment of Foreclosure and Sale filed by Plaintiff Quicken Loans Inc. on January 3, 2018 (ECF No. 11). The Court decides the motion without hearing as permitted by Local Civil Rule 7.08 (D.S.C.). The Court holds that Plaintiff is entitled to foreclosure of the mortgage at issue herein and that the mortgaged property should be sold at a public auction after due advertisement. The Court's holding is based on the following findings of fact and conclusions of law:

         FINDINGS OF FACT

         1. The facts, as set forth by Plaintiff in its Complaint (ECF No. 1) and in the affidavit, declarations, and memorandum of law filed with Plaintiff's Motion for Default Judgment of Foreclosure and Sale (ECF No. 11), are undisputed by the defendants to this action. Defendant Patrick H. Junkins (“Junkins”) is in default for failure to respond to the Complaint (see ECF No. 10).

         2. Plaintiff is a mortgage lending company organized under the laws of the State of Michigan with its principal place of business located in the State of Michigan.

         3. Junkins was personally served with a copy of the Complaint at an address in Dallas County, Texas.

         4. The amount in controversy in this matter exceeds the sum of $75, 000.00.

         5. The real property which is the subject of this foreclosure action (hereafter the “subject property”) is located in Aiken County, South Carolina, and is described as follows:

ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND, WITH ANY IMPROVEMENTS THEREON, SITUATE, LYING AND BEING LOCATED FOUR (4) MILES NORTH OF THE TOWN OF JACKSON, IN AIKEN COUNTY, STATE OF SOUTH CAROLINA, CONTAINING 0.9984 ACRES, MORE OR LESS AND BEING SHOWN AND DESIGNATED AS PARCEL D ON A PLAT PREPARED FOR HBC, INC. BY MICHAEL TODD HASS, PLS DATED JULY 28, 2013 AND RECORDED IN PLAT BOOK 57 AT PAGE 943, IN THE OFFICE OF THE RMC FOR AIKEN COUNTY, SOUTH CAROLINA. REFERENCE BEING MADE TO SAID PLAT FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF SAID PROPERTY.
TOGETHER WITH A TWENTY (20) FOOT INGRESS AND EGRESS EASEMENT FROM MOSSY TREE LANE (S2-2139), ACROSS PARCEL E TO THE ABOVE DESCRIBED PARCEL D, SAID EASEMENT BEING SHOWN ON THE ABOVE REFERENCED PLAT.

         Property Address: 220 Mossy Tree Lane Aiken, SC 29803

         TMS# 075-10-02-021

         6. Junkins is the owner of the subject property by virtue of a deed dated August 1, 2014, and recorded in the Office of the Register of Deeds for Aiken County on August 1, 2014 in Deed Book RB 4515 at Page 1491.

         7. Junkins made, executed, and delivered to Plaintiff a fixed rate promissory note (“Note”) dated September 25, 2015, in the principal sum of $119, 301.00, payable in monthly installments, with an interest rate of 4.375%. Plaintiff currently has possession of the original Note.

         8. The terms of the Note provided that in the event of default in the payment of any monthly installment when due, the holder of the Note could declare immediately due and payable the unpaid principal balance of the Note, all unpaid accrued interest, and all other indebtedness or charges owed under the Note. The Note provided that interest would continue to accrue after default at the yearly rate of 4.375%.

         9. The Note provided that if it should be placed in the hands of an attorney for enforcement, the holder of the Note would be entitled to recover all costs of its enforcement, including a reasonable attorney's fee.

         10. In order to secure the payment of the Note according to its terms and conditions, Junkins made, executed, and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Plaintiff, its successors and assigns, a certain real estate mortgage (“Mortgage”) covering the subject property and its improvements.

         11. The Mortgage was signed, witnessed, and probated on September 25, 2015; thereafter, the Mortgage was recorded in the Office of the Register of Deeds for Aiken County on October 16, 2015, in Mortgage Book RB 4575 at Page 1488.

         12. Mortgage Electronic Registration Systems, Inc. assigned the Mortgage to Plaintiff by Assignment of Mortgage dated June 7, 2017 and recorded in the Office of the Register of Deeds for Aiken County on June 20, 2017, in Book RB 4667 at Page 1980.

         13. Pursuant to Paragraphs 1 and 22 of the Mortgage, Junkins' failure to make any monthly installment when due under the Note constituted a breach of the Mortgage. Paragraph 22 of the Mortgage provided that in the event of a breach of the Mortgage, Plaintiff could require immediate payment in full of all sums secured by the Mortgage and could foreclose the Mortgage by judicial proceeding.

         14. Pursuant to Paragraphs 3 and 5 of the Mortgage, any amounts that Plaintiff advanced on behalf of Junkins for payment of property taxes and property insurance premiums would become additional debt secured by the Mortgage.

         15. Paragraph 13 of the Mortgage permitted Plaintiff to charge fees to Junkin's loan account for property inspections and valuations.

         16. The Mortgage provided that if it should be placed in the hands of an attorney for foreclosure, all costs of foreclosure, including a reasonable attorney's fee, would become additional debt secured by the Mortgage that Plaintiff would be entitled to recover.

         17. By letter dated April 26, 2017, Plaintiff notified Junkins of his right to cure the loan default and warned him that his failure to do so could result in debt acceleration, foreclosure, and sale of the subject property.

         18. Junkins failed to cure his loan default.

         19. After Junkins failed to cure his loan default, Plaintiff accelerated the loan by declaring immediately due and payable the unpaid principal balance of the Note, all unpaid accrued interest, and all other indebtedness or charges owed under the Note and Mortgage.

         20. Junkins has failed to provide payment of the entire debt in full to Plaintiff.

         21. According to the Affidavit of Scott Evely filed in support of Plaintiff's Motion for Default Judgment of Foreclosure and Sale, the debt owed to Plaintiff under the Note and Mortgage through January 1, 2108, was as follows:

(a) Principal .................................................................................... $116, 658.16
(b) Interest* through January 1, 2018, at 4.375% per annum ...

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