438 B.R. 866
Bankr. D.S.C.2010Background
- Debtor Anthony Madison owned real property at 180 Gardner Road, North, SC, subject to a mortgage held by Household Finance Corp II since 1998.
- Mortgage originally $58,500 with 12.7% interest; foreclosure proceedings followed default.
- Master in Equity entered Judgment of Foreclosure and Order of Sale on July 13, 2010; total owed $71,274.01.
- Notice of Sale advertised for July 16, 23, and 30, 2010; actual publication dates: July 17, 23, and 30; sale held August 2, 2010.
- Creditor purchased the property at sale; Master signed a deed on August 17, 2010; Debtor filed Chapter 13 on August 11, 2010.
- Debtor’s Chapter 13 filing occurred after the hammer fell but before post-judgment deeds; issues concern validity of sale and relief from stay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the foreclosure sale complied with South Carolina advertising statutes | Madison contends sale was not properly advertised. | Creditor contends notice satisfied statutory requirements. | Sale complied with SC law; advertisement sufficient. |
Key Cases Cited
- In re Riverfront Properties, LLC, 405 B.R. 570 (Bankr. D.S.C. 2009) (foreclosure sale completed pre-petition yields bare title; sale may permit ministerial completion)
- In re Watts, 273 B.R. 471 (Bankr. D.S.C. 2000) (hammer falls; debtor holds only bare legal/equitable interest post-sale)
- Alexander v. Messervey, 35 S.E. 854 (1892) (advertisement for three weeks suffices if three consecutive weeks published)