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Patch of Land Lending LLC v. US Associates LLC

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

June 14, 2018

PATCH OF LAND LENDING, LLC, a Delaware limited liability company Plaintiff
v.
US ASSOCIATES, LLC, a South Carolina limited liability company; MARK S. McADAMS, aka MARK McADAMS, aka M. STEVEN McADAMS, aka STEVEN McADAMS, aka MARK STEVEN McADAMS; ANGIE JONES, in her official capacity as TREASURER OF HORRY COUNTY, SOUTH CAROLINA; VIRGINIA H. GODWIN; “JOHN DOE”, “JANE DOE” and “DOE CORP.” of 1020 CREEL STREET, UNIT C, CONWAY, SOUTH CAROLINA 29527; “JOHN DOE”, “JANE DOE” and “DOE CORP.” of 1020 CREEL STREET, UNIT E, CONWAY, SOUTH CAROLINA 29527; “JOHN DOE”, “JANE DOE” and “DOE CORP.” of 1020 CREEL STREET, UNIT G, CONWAY, SOUTH CAROLINA 29527; “JOHN DOE”, “JANE DOE” and “DOE CORP.” of 1020 CREEL STREET, UNIT H, CONWAY, SOUTH CAROLINA 29527; “JOHN DOE”, “JANE DOE” and “DOE CORP.” of 1020 CREEL STREET, UNIT I, CONWAY, SOUTH CAROLINA 29527; and “JOHN DOE”, “JANE DOE” and “DOE CORP.” of 1020 CREEL STREET, UNIT M, CONWAY, SOUTH CAROLINA 29527 Defendants

          JUDGMENT ENTRY AND DECREE OF MORTGAGE FORECLOSURE AND SALE

          HONORABLE R. BRYAN HARWELL UNITED STATES DISTRICT JUDGE

         1020 Creel Street, Units C, E, G, I and M, Conway, South Carolina 29527 (TMS 136-08-35-008 / PIN 368-08-01-0097)

         1020 Creel Street, Unit H, Conway, South Carolina 29527 (TMS 136-08-35-021 / PIN 368-08-01-0096)

         The matter is before this Honorable Court upon the Motions of the Plaintiff, Patch of Land Lending, LLC, a Delaware limited liability company (“POL Lending”), for Judgment by default against Defendants,

(1) Mark S. McAdams, aka Mark McAdams, aka M. Steven McAdams, aka Steven McAdams, aka Mark Steven McAdams (“McAdams”) (ECF Doc. 27); and
(2) U.S. Associates, LLC, a South Carolina limited liability company (“US Associates”) (ECF Doc. 28); and
(3) Virginia H. Godwin (“Godwin”), “John Doe”, “Jane Doe” and “Doe Corp.” of 1020 Creel Street, Unit C, Conway, South Carolina 29527 (“Tenants of 1020 Creel Street-Unit C”), “John Doe”, “Jane Doe” and “Doe Corp.” of 1020 Creel Street, Unit E, Conway, South Carolina 29527 (“Tenants of 1020 Creel Street-Unit E”), “John Doe”, “Jane Doe” and “Doe Corp.” of 1020 Creel Street, Unit G, Conway, South Carolina 29527 (“Tenants of 1020 Creel Street-Unit G”), “John Doe”, “Jane Doe” and “Doe Corp.” of 1020 Creel Street, Unit H, Conway, South Carolina 29527 (“Tenants of 1020 Creel Street-Unit H”), “John Doe”, “Jane Doe” and “Doe Corp.” of 1020 Creel Street, Unit I, Conway, South Carolina 29527 (“Tenants of 1020 Creel Street-Unit I”), and “John Doe”, “Jane Doe” and “Doe Corp.” of 1020 Creel Street, Unit M, Conway, South Carolina 29527 (“Tenants of 1020 Creel Street-Unit M”) (ECF Doc. 29),

         All pursuant to Rule 55(b) of the Federal Rules of Civil Procedure, the Declaration of Jonathan M. Milling as to Plaintiff's attorneys' fees and costs (ECF Doc. 30), the Declaration of Jonathan M. Milling as to the liens upon the subject Property (ECF Doc. 31), the Declaration of Michael J. Palumbo as to Plaintiff's attorneys' fees and costs (ECF Doc. 32), the evidence and record.

         This Court decides these Motions without hearing as permitted by Local Civil Rule 7.08 DSC.

         This Court holds that the Plaintiff, POL Lending, is entitled to judgment by default against Defendants, (1) U.S. Associates, (2) McAdams, (3) Godwin, (4) “John Doe”, “Jane Doe” and “Doe Corp.” of 1020 Creel Street, Unit C, Conway, South Carolina 29527, (5) “John Doe”, “Jane Doe” and “Doe Corp.” of 1020 Creel Street, Unit E, Conway, South Carolina 29527, (6) “John Doe”, “Jane Doe” and “Doe Corp.” of 1020 Creel Street, Unit G, Conway, South Carolina 29527, (7) “John Doe”, “Jane Doe” and “Doe Corp.” of 1020 Creel Street, Unit H, Conway, South Carolina 29527, (8) “John Doe”, “Jane Doe” and “Doe Corp.” of 1020 Creel Street, Unit I, Conway, South Carolina 29527, and (9) “John Doe”, “Jane Doe” and “Doe Corp.” of 1020 Creel Street, Unit M, Conway, South Carolina 29527, based upon the following findings of fact and conclusions of law:

         FINDINGS OF FACT

         1. The Plaintiff, POL Lending, is a limited liability company organized under the laws of the State of Delaware with its principal place of business located in the State of California.

         2. Defendant, U.S. Associates, is a limited liability company organized under the laws of the State of South Carolina with its principal place of business located in the State of South Carolina.

         3. Defendant, McAdams, is a citizen and resident of the State of South Carolina.

         4. Jurisdiction exists in the judicial district comprising the District of South Carolina pursuant to 28 U.S.C. § 1332(a) as there is complete diversity between all known parties and the matter in controversy exceeds the amount of $75, 000.00 exclusive of interest and costs.

         5. Venue is proper in the judicial district comprising the District of South Carolina pursuant to 28 U.S.C. § 1391(b)(2) as (a) a substantial portion of events giving rise to the claims of the Plaintiff, POL Lending, occurred within Horry County, South Carolina, and (b) the hereinafter-described Property is situated within Horry County, South Carolina.

         6. On June 30, 2016, Defendant, U.S. Associates, executed a certain commercial promissory note secured by deed of trust (as amended and modified from time to time, the “Note”) dated June 30, 2016 in favor of the Plaintiff, POL Lending, in the original principal amount of $559, 500.00, together with interest on the unpaid principal balance of the Note. Said Defendant delivered possession of the original Note to the Plaintiff. (ECF Doc. 23 at ¶ 7.)

         7. On June 30, 2016, in order to secure repayment of the Note, Defendant, McAdams, executed a certain guaranty (as amended and modified from time to time, the “Guaranty”) dated June 30, 2016 in favor of the Plaintiff, POL Lending. Said Defendant delivered possession of the original Guaranty to the Plaintiff. (ECF Doc. 23 at ¶ 8.)

         8. On June 30, 2016, in order to further secure repayment of the Note, Defendant, U.S. Associates, executed a certain commercial mortgage, assignment of leases and rents, security agreement and fixture financing statement (as amended and modified from time to time, the “Mortgage”) dated June 30, 2016 in favor of the Plaintiff, POL Lending. Said Defendant delivered possession of the original Mortgage to the Plaintiff. (ECF Doc. 23 at ¶ 9.)

         9. In the Mortgage, Defendant, U.S. Associates, granted, mortgaged, and conveyed to the Plaintiff, POL Lending, and Plaintiff's successors and assigns, with mortgage covenants, all of said Defendant's right, title, and interest in and to two (2) parcels of real property more commonly known as 1020 Creel Street, Units C, E, G, I, J and M, Conway, South Carolina 29527 (TMS 136-08-35-008 / PIN 368-08-01-0097) and 1020 Creel Street, Unit H, Conway, South Carolina 29527 (TMS 136-08-35-021 / PIN 368-08-01-0096) (collectively, the “Property” or “Premises”) and more fully described as follows:

All and singular, all that certain piece, parcel or lot of land situate, lying and being in Conway Township, Horry County, South Carolina as shown as Phase (Lot) 2, containing 6, 778 square feet, Phase (Lot) 3 containing 8, 310 square feet, Phase (Lot) 5 containing 6, 610 square feet and Phase (Lot) 7 containing 8, 676 square feet as shown on that certain Map made for McCray Development, LLC by Terry M. Watson dated February 6, 1998 and recorded on March 6, 1998 in the Office of the Register of Deeds for Horry County in Plat Book 153, at Page 260.
Also included is a right-of-way easement over and across for ingress and egress shown on that certain Plat as recorded in the Office of the Register of Dees for Horry County in Plat Book 153 at Page 260.
Address: 1020 Creel Street, Units C, E, G, I, J and M, Conway, SC 29527 TMS: 136-08-35-008 PIN: 368-08-01-0097
-and-
All and singular, all that certain piece, parcel or lot of land and all improvements thereon situate, lying and being in Conway Township, Horry County, South Carolina and being more particularly, designated as Phase 4 of McCray Court, on that certain Map of Survey for McCray Development, LLC, by Terry Watson, R.L.S. No. 7168, dated February 6, 1998 and recorded on March 6, 1998 in the Office of the Register of Deeds for Horry County in Plat Book 153 at Page 260, reference to which is craved forming a part of these presents.
Address: 1020 Creel Street, Unit H, Conway, SC 29527 TMS: 136-08-35-021 PIN: 368-08-01-0096

(ECF Doc. 23 at ¶¶ 9 and 11.)

         10. The Plaintiff, POL Lending, perfected the Mortgage by filing the Mortgage for record and recording the Mortgage in the Office of the Registrar of Deeds of Horry County, South Carolina on July 14, 2016 as Instrument #2016000078307 ...


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