NOTICE OF SPECIAL REFEREE SALE
CIVIL ACTION NO. 2018CP2000029
BY VIRTUE OF A DECREE of the Court of Common Pleas for Fairfield County, South Carolina, heretofore issued in the case of Nationstar Mortgage LLC d/b/a Mr. Cooper, against The State of South Carolina; and any Heirs or Devisees of the Estate of David W. Tait, deceased, the Special Referee for Fairfield County, or his/her agent, will sell on June 4, 2018, at 11:00 A.M., at the Fairfield County Courthouse, 100 South Congress Street, Winnsboro, SC 29180, to the highest bidder:
All that certain piece, parcel or lot of land with improvements thereon lying, being and situate in the State of South Carolina, County of Fairfield, and designated as Lot “7” of Block D shown on that certain plat of survey prepared for Franklin R.A. Haas and Sandra A. Haas by Robert R. Brown, PLS, dated November 20, 2001, and recorded in the Office of the Clerk of Court for Fairfield County in Book S-E of Deeds at Page 49, together with the right of the garage and driveway to encroach on the premises on the west set forth in that certain Encroachment Agreement dated June 17, 1993 and recorded June 21, 1993 in Book “MM” of Deeds at Page 173. Reference to said plat is craved for a more complete and accurate description.
TMS Number: 144-02-04-001-000
PROPERTY ADDRESS: 100 Timberlane Drive, Winnsboro, SC 29180
This being the same property conveyed to David W. Tait by deed of CitiMortgage, Inc., dated February 9, 2009, and recorded in the Office of the Clerk of Court for Fairfield County on March 10, 2009, in Deed Book 944 at Page 315.
TERMS OF SALE: FOR CASH. The Special Referee will require a deposit of 5% of the bid amount in cash or certified funds, which is to be applied on the purchase price upon compliance with the bid. Interest on the balance of the bid at 4.875% shall be paid to the day of compliance. In case of noncompliance within 20 days, after the sale, the deposit of 5% is to be forfeited and applied to Plaintiff’s judgment debt and the property re-advertised for sale upon the same terms at the risk of the former highest bidder. Purchaser to pay for deed recording fees and deed stamps.
Deficiency judgment being demanded, the bidding will remain open thirty (30) days after the sale. The Plaintiff may withdraw its demand for a deficiency judgment anytime prior to sale.
Plaintiff reserves the right to waive its request for a Deficiency Judgment by written notice to the Court at any time prior to the sale of the Real Property, in which case bidding shall be concluded and the sale closed on the regular scheduled date of sale.
Should Plaintiff, Plaintiff’s attorney, or Plaintiff’s agent fail to appear on the day of sale, the property shall not be sold, but shall be re-advertised and sold at some convenient sales day thereafter when Plaintiff, Plaintiff’s attorney, or Plaintiff’s agent, is present.
The sale shall be subject to taxes and assessments, existing easements and easements and restrictions of record.
Any sale pursuant to this order is without warranty of any kind. Neither Plaintiff nor Court warrant title to any third-party purchaser. All third-party purchasers are made parties to this action and are deemed to have notice of all matters disclosed by the public record, including the status of title. See Ex parte Keller, 185 S.C. 283, 194 S.E. 15 (1937); Wells Fargo Bank, NA v. Turner, 378 S.C. 147, 662 S.E.2d 424 (Ct. App. 2008).
________________________________
Carol A Tolen
Special Referee for Fairfield County
Winnsboro, South Carolina
_____________________, 2018
FINKEL LAW FIRM LLC
Post Office Box 71727
North Charleston, South Carolina 29415
(843) 577-5460
Attorneys for Plaintiff
05/17/18, 05/24/18, 05/31/18