South Carolina Court of Appeals Opinion

Court of AppealsOn Wednesday, the South Carolina Court of Appeals published one opinion.

Wachesaw  Plantation v. Alexander, was a foreclosure action filed by Respondent Wachesaw Plantation East Community Services Association, Inc. (the Association), Appellant Todd C. Alexander (Homeowner) seeks review of an order of the Master-in-Equity denying his motion to vacate the judicial sale of his property. Homeowner argues (1) the master erred in denying the motion to vacate because the sale price was inadequate and was accompanied by other circumstances warranting the interference of the court, namely, Homeowner’s health problems and his lack of prior knowledge of the judicial sale; (2) the sale constituted a forfeiture of Homeowner’s property because the sale was involuntary and resulted in a price that was $135,000 less than the property’s tax valuation; (3) the third-party bidder, Respondent William George (Bidder), was unjustly enriched because Homeowner was unable to attend the sale; and (4) Homeowner had an equitable right to redeem his property up to the time Bidder complied with the bid and received the deed to the property.

On the first issue, the Court found that the Homeowner failed to show that the master abused his discretion to set aside the judicial sale. The Court found the second and third  issues unpreserved for appellate review. On the fourth and remaining issued, the  Court found that the Homeowner’s right of redemption expired upon acceptance of the highest bid at the judicial sale , and noted as established by prior precedent, that the judicial sale is a separate event from compliance with the bid and execution of the deed. Accordingly, the Court affirmed the master’s denial of Homeowner’s motion to vacate the judicial sale.

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