United States District Court, D. South Carolina, Anderson/Greenwood Division
ORDER OF FORECLOSURE AND SALE
C. Coggins, Jr. United States District Judge
action for the foreclosure of a mortgage upon certain real
estate in Oconee County, South Carolina, comes before the
Court on the Motion for Default Judgment filed by Plaintiff
Quicken Loans, Inc., on December 22, 2017. ECF No. 12. 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, ECF
No. 12, are undisputed by the defendant to this action.
Defendant is in default for failure to respond to the
Complaint. See ECF No. 9.
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. ECF No. 1 at 1.
Defendant was personally served with a copy of the Complaint
at an address in New City, New York. ECF No.
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
Oconee County, South Carolina, and is described as follows:
All that certain piece, parcel or lot of land lying and being
situated in the State of South Carolina, County of Oconee,
being known and designated as Lot Number SIXTEEN (16) of
WALNUT GROVE Subdivision, as shown and more fully described
on a plat thereof prepared by Michael L. Henderson, PS 6946,
dated July 25, 1995 and recorded in Plat Book A393, at Page
9, records of Oconee County, South Carolina.
This being the same subject property conveyed to Thomas G.
Trizzino by deed of Hubert Stanley Smith dated August 8,
1995, and recorded August 9, 1995, in Deed Book 828 at Page
133 in the Office of Register Deeds for Oconee County.
Property Address: 319 South Lawrence Ave.Seneca, South
Carolina 29678 TMS# 520-54-08-016
ECF No. 12-3 at 4.
Thomas G. Trizzino was the owner of the subject property by
virtue of a deed dated August 8, 1995, and recorded in the
Office of the Register of Deeds for Oconee County on August
Thomas G. Trizzino made, executed, and delivered to Plaintiff
a fixed rate promissory note (“Note”) dated May
25, 2016, in the principal sum of $72, 900.00, payable in
monthly installments. Plaintiff currently has possession of
the original note.
Paragraph 6(E) of the Note provided that if it should be
placed in the hands of an attorney for enforcement, all costs
of enforcement, including a reasonable attorney's fee,
would be recoverable by Plaintiff.
order to secure the payment of the Note according to its
terms and conditions, Thomas G. Trizzino made, executed, and
delivered to Mortgage Electronic Registration Systems, Inc.,
as nominee for Plaintiff, its successors and assigns, a real
estate mortgage (“Mortgage”) covering the subject
property and its improvements.
Mortgage was signed, witnessed, and probated on May 25, 2016;
thereafter, the Mortgage was recorded in the Office if the
Clerk of Court for Oconee County on June 9, 2016, in Mortgage
Book 3497 at Page 279.
legal description in the Mortgage incorrectly recorded that
the plat of the subject property is located in Plat Book
“A393" at Page 9 in the Office of the Register of
Deeds for Oconee County. The correct plat is located in Plat
Book “A353" at Page 9 of that office. It appears
this is merely a scrivener's error. See ECF No.
12-3 at 1.
Paragraph 22 of 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 thereunder that
Plaintiff would be entitled to recover.
Mortgage was assigned to Plaintiff by Assignment of Mortgage
dated May 1, 2017, in Book 3608 at Page 172.
Thomas G. Trizzino passed away on December 13, 2016. ECF No.
12-3 at 25-27 (probate records of Oconee County).
Under his Last Will and Testament dated January 26, 2016,
Thomas G. Trizzino appointed Defendant as the Personal
Representative of his estate and devised his real property to
Pursuant to the Mortgage, Defendant's failure to make
monthly installments when due under the Note constituted
breach of the Mortgage. After all payments received by
Plaintiff are credited to the subject loan, the loan is in
default and due for the February 1, 2017, payment.
letter dated March 31, 2017, Plaintiff mailed notice to the
subject property of the right to cure the loan default and
warned that failure to do so could result in debt
acceleration, foreclosure, and sale of the subject property.
Defendant failed to cure the loan default.
Plaintiff then accelerated the loan.
Defendant has failed to provide payment of the entire debt in
full to Plaintiff.
According to the Affidavit of Laura Miller, filed in support
of Plaintiff's Motion for Default Judgment, the debt owed
to Plaintiff under the Note and ...