United States District Court, D. South Carolina, Aiken Division
ORDER FINDINGS OF FACT AND CONCLUSIONS OF
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:
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).
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.
Junkins was personally served with a copy of the Complaint at
an address in Dallas County, Texas.
amount in controversy in this matter exceeds the sum of $75,
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
Address: 220 Mossy Tree Lane Aiken, SC 29803
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.
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.
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%.
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.
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.
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.
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.
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.
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.
Paragraph 13 of the Mortgage permitted Plaintiff to charge
fees to Junkin's loan account for property inspections
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.
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.
Junkins failed to cure his loan default.
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.
Junkins has failed to provide payment of the entire debt in
full to Plaintiff.
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:
(b) Interest* through January 1, 2018, at 4.375% per annum