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STATE OF SOUTH CAROLINA COUNTY OF GREENVILLE Ajax Mortgage Loan Trust 2019 - G, Mortgage- Backed Securities, Series 2019-G, by U.S. Bank National Association, as Indenture Trustee, PLAINTIFF, VS. Richard A. McCoy a/k/a Richard Andrew McCoy a/k/a Richard McCoy; Discover Bank; Truist Bank f/k/a Branch Banking & Trust Company f/k/a BB&T Financial, FSB; and FIA Card Services, N.A., DEFENDANT(S). IN THE COURT OF COMMON PLEAS CASE NO. 2021-CP- 23 - 03697 MASTER IN EQUITY'S ORDER AND JUDGMENT OF FORECLOSURE AND SALE DEFICIENCY WAIVED (211150.00006) TO: Scott and Corley, P.A. Attorneys for Plaintiff 2712 Middleburg Drive, Suite 200 Columbia, SC 29204 (803) 252- 3340 Richard A. McCoy a/k/a Richard Andrew McCoy a/k/a Richard McCoy 306 Seminole Drive Simpsonville, SC 29680 Discover Bank c/o Jerry T. Myers, Esq. 4601 Six Fork Rd., Ste. 400 Raleigh, NC 27609 Truist Bank f/k/a Branch Banking & Trust Company f/k/a BB&T Financial, FSB c/o Jerry T. Myers, Esq. 4601 Six Fork Rd., Ste. 400 Raleigh, NC 27609 FIA Card Services, N.A. 5215 Concord Pike Wilmington, DE 19803 Pursuant to Circuit Court Rule 53(b) of the South Carolina Rules of Civil Procedure, the above-entitled matter was referred to the undersigned to make appropriate findings of facts and conclusions of law with authority to enter a final judgment in the cause.
Pursuant to the said Order of Reference a hearing was held by this Court. The hearing was conducted in full compliance with Supreme Court Order 2020- 04 - 22 - 01 ( RE: Operation of the Trial Courts During the Coronavirus Emergency ), as amended. At the hearing, evidence was presented and from the documents and records received into evidence by this Court, I find, conclude and order as follows: FINDINGS
- This Court has jurisdiction over the subject matter of this action and the parties hereto and it is the proper forum for the adjudication of this matter.
- The Court has determined that Plaintiff has complied with the Administrative Order of the Supreme Court dated May 2, 2011 (2011- 05 - 02 - 0 1) and the Administrative Order of the Supreme Court dated May 22, 2009 (2009- 05 - 22 - 01). The Court has further determined that Plaintiff has fully complied with the Administrative Orders of the Supreme Court dated April 30, 2020 (2020- 04 - 30 - 02) and dated May 6, 2020 (2020- 05 - 06 - 01).
- The Lis Pendens, Summons, and Complaint (and any amendments thereto or joinders thereto) as well as service affidavits for all defendants have been filed with the Clerk of Court for this county.
- Richard A. McCoy a/k/a Richard Andrew McCoy a/k/a Richard McCoy; Discover Bank; and FIA Card Services, N.A. are in default as shown by the Certificate filed herein.
- All of the above-named Defendants and/or all attorneys of record were notified of the time, date, and place of the hearing of this matter.
- According to the affidavit(s) and certifications filed herein, any Defendant who is in default has been reviewed for his/her eligibility under The Servicemembers' Civil Relief Act of 2003 (“SCRA”) and any amendments thereto and this review does not indicate any Defendant is eligible for protections.
- No Defendant raised any credible issues related to Plaintiff's standing to prosecute this action, and Plaintiff is the real party in interest as contemplated by Rule 17(a), SCRCP. The Court finds that any issues related to Plaintiff's standing or ability to prosecute this action are waived. Unless specifically denied by an answering Defendant, all allegations in the Complaint of Plaintiff are deemed admitted in full.
- For value received, Richard A. McCoy made, executed and delivered a Note dated October 5, 2010, promising thereby to pay to the order of Branch Banking and Trust Company the sum of $83,200.00 with interest at the rate of 5.24% per annum. Other terms and
furnishing of any notices, where applicable (e.g. post referral loss mitigation solicitation letter and/or acceleration warning letter, if or where applicable);and moreover the Court further finds said full compliance by Plaintiff and its counsel additionally includes all their statutory, common law and regulatory duties and obligations under the laws and rules of the Dodd-Frank Act, the Federal Trade Commission, and the Consumer Financial Protection Bureau. Moreover and prior to the filing of this judicial proceeding, the Defendant(s) had not raised any compliance defenses or objections as to the servicing of any applicable banking or consumer laws by Plaintiff and/or its counsel.
- According to the records of Plaintiff and its counsel, neither Plaintiff nor its counsel is aware of any party to this action currently being on active duty or recently discharged. The Notice of Hearing issued by Counsel for Plaintiff specifically requests any defendant eligible under the SCRA contact Plaintiff’s counsel. The Court finds that Counsel for the Plaintiff shall be entitled to recover its charges from the Plaintiff for this Certification/Report to the Court as part of its professional duties in prosecuting this action.
- According to the records of Plaintiff and its counsel, neither Plaintiff nor its counsel is aware of any party to this action currently being under the protection of the United States Bankruptcy Court. Any demand for a deficiency is not applicable if a party has received a discharge in bankruptcy during the life of the mortgage, or is currently under the active protection of the bankruptcy courts. Moreover, any party to this action who is a discharged borrower to the debt of the Plaintiff shall not be subject to and is specifically excluded from both the calculation and collection of any amounts due and owing to the Plaintiff, as required by Rule 71(a) of the South Carolina Rules of Civil Procedure. The Court finds that Counsel for Plaintiff shall be entitled to recover its charges from Plaintiff for this Certification/Report to the Court as part of its professional duties in prosecuting this action and the Court finds such charges to be reasonable.
- Payment due on the Note has not been made as provided for in the Note and Plaintiff has elected to require immediate payment of the entire amount due thereon and has placed the Note and Mortgage in the hands of the attorney herein for collection.
- With respect to attorney fees and in view of the potential financial liabilities and likely continuing professional obligations inherent in judicially prosecuting a real property mortgage credit matter, the attendant professional duties and responsibilities, and the size of the mortgage debt and consistent with similar case proceedings before this Honorable Court, I find that a reasonable attorney’s fee in this matter would be $3,300.00. This award is consistent with
the laws of this state in the awarding of attorney fees. I have considered the six (6) factors (none of these factors is controlling in the singular) as follows: (1) the nature, extent and difficulty of the legal service rendered; (2) the time and labor necessarily devoted to the case; (3) the professional standing of counsel; (4) the contingency of compensation; (5) the fee customarily charged in the locality for similar legal services; and (6) the beneficial results obtained. Taylor v. Medenica , 331 S.C. 575, 503 S.E.2d 458 (1998); Baron Data Systems v. Loter , 297 S.C. 382, 377 S.E.2d 296 (S.C. 1989), Jackson v. Speed , 326 S.C. 289, 486 S.E.2d 750 (1997). Pursuant to the language in the Note and Mortgage, this Court has specifically reviewed and satisfied itself with all six (6) factors, as well as the disclosed client billing by Plaintiff’s counsel considered in awarding reasonable attorneys' fees and costs/expenses/charges in this matter as set forth herein in this paragraph as well as Paragraph
As itemized below, I find all of the itemized fees and costs/expenses/charges to be reasonable. As itemized below, I find all of the itemized fees and costs/expenses/charges to be reasonable.
Although I have heretofore given consideration to all six (6) factors in the awarding of attorney fees and costs herein, jurisdiction over the fee award shall be reserved as granted in the Order of Reference with the right to re-visit the question of attorney fees should the action proceed in an unexpected way and/or to facilitate the assessment and payment of any such current or additional professional compensation.
The amount due and owing on the Note, with interest at the rate provided in the Note, including attorney's fee and allowable costs and charges allowable under and secured by the Note and Mortgage, is as follows: (a) Principal due $106,124. (b) Interest Due from 03/20/2020 to 10/28/2021 $6,826. (c) Pre-Acceleration Late Charges $252. (d) Escrow Adjustments $2,228. (e) Prior Servicer Corporate Advances $198. (f) Return Check Fee $15. (g) Prior Servicer Late Fees $22. (h) Suspense ($1.79)
primary defendants against whom they claim or may claim a lien and in order to clear title to this property as follows: (a) The Defendant, Discover Bank, by virtue of that certain judgment against Richard A. McCoy in the original amount of $3,603.08, recorded on September 23, 2013, in the Office of the Greenville Clerk of Court/Register of Deeds as Case No. 2013-CP- 23 - 03000. (See also partial satisfaction of judgment (in the amount of $2.32), dated March 25, 2014 and filed May 8, 2014 in Case No. 2013-CP- 23 - 03000). (b) The Defendant, Truist Bank f/k/a Branch Banking & Trust Company f/k/a BB&T Financial, FSB, by virtue of that certain judgment against Richard A. McCoy in the original amount of $5,369.19, recorded on October 02, 2013, in the Office of the Greenville Clerk of Court/Register of Deeds as Case No. 2013-CP- 23 - 03115. (c) The Defendant, FIA Card Services, N.A., by virtue of that certain judgment against Richard A. McCoy in the original amount of $8,494.25, recorded on April 28, 2014, in the Office of the Greenville Clerk of Court/Register of Deeds as Case No. 2013-CP- 23 - 06644.
- None of the named Defendant(s) has/have established any claims or defenses, legal or equitable, for relief against Plaintiff, and therefore, no relief, be it legal or equitable, shall be granted to any of the named Defendant(s). In addition, all persons and/or entities who may be or may have been entitled to claim through or under the title or interest of the named Defendant(s) in the subject property shall likewise be absolutely barred and forever foreclosed of any rights, titles, or interests. CONCLUSIONS OF LAW I, therefore, conclude as follows:
- Plaintiff has met the requirements of the Administrative Order of the South Carolina Supreme Court (2011- 05 - 02 - 01) issued by Chief Justice Jean H. Toal, dated May 2, 2011, and also that Plaintiff has met the requirements of the Administrative Order of the South Carolina Supreme Court (2009- 05 - 22 - 01) issued by Chief Justice Jean H. Toal, dated May 22,
- Furthermore, Plaintiff has fully met the requirements of the Administrative Orders of the South Carolina Supreme Court (2020- 04 - 30 - 02) and (2020- 05 - 06 - 01) issued by Chief Justice Donald W. Beatty, dated April 30, 2020, and dated May 6, 2020.
- Plaintiff should have judgment of foreclosure of the Mortgage and the mortgaged property should be ordered sold at public auction after due advertisement.
- All of the named Defendant(s) has/have not established any claims or defenses,
legal or equitable, for relief against Plaintiff, and therefore, no relief, be it legal or equitable, shall be granted to any of the named Defendant(s). In addition, all persons who may be entitled to claim through or under the title or interest of the named Defendant(s) in the subject property shall likewise be absolutely barred and forever foreclosed. Now, on motion or notice of Plaintiff's attorney, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
- Plaintiff has met the requirements of the Administrative Order of the South Carolina Supreme Court (2011- 05 - 02 - 01) issued by Chief Justice Jean H. Toal, dated May 2, 2011, and also that Plaintiff has met the requirements of the Administrative Order of the South Carolina Supreme Court (2009- 05 - 22 - 01) issued by Chief Justice Jean H. Toal, dated May 22,
- Furthermore, Plaintiff has fully met the requirements of the Administrative Orders of the South Carolina Supreme Court (2020- 04 - 30 - 02) and (2020- 05 - 06 - 01) issued by Chief Justice Donald W. Beatty, dated April 30, 2020, and dated May 6, 2020.
- That there is due to Plaintiff on the obligation and mortgage as set forth in the Complaint or Amended Complaint the sum of $121,529.52, representing the total debt due Plaintiff as set forth supra, together with interest at the rate provided therein on the balance of principal from the date aforesaid to the date hereof.
- The amount due in the preceding paragraph (the "total debt" as set forth in Paragraph hereinabove, and later accrued interest on the principal) shall constitute the total judgment debt due the Plaintiff (may be supplemented as permitted by the Court) and shall bear interest hereafter at the rate of 4.00 percent per annum.
- That on default of payment at or before the time herein indicated, the mortgaged premises described in the Complaint or Amended Complaint, as hereinafter set forth, be sold by this Court at public auction, after giving Notice of the time and place of such sale by advertisement according to law. Any sales date is tentative and may be rescheduled at any time prior to the sale without further order of this Court, provided notice of the new sales date is duly advertised as required by law. The sale shall be according to the following terms, that is to say: (a) CERTIFIED FUNDS: The Master in Equity will require a deposit of 5% on the amount of the bid (in certified funds or equivalent, said 5% deposit being due and payable immediately upon the closing of the bidding, same to be applied to the purchase price only upon compliance with the bid, but in case of non-compliance within 20 days same to be forfeited and applied to the costs and Plaintiff's debt. (b) Interest on the balance of the bid shall be paid to the day of compliance at
not ordinarily receive a copy of the Order of Foreclosure and/or the Notice of Sale, the party seeking foreclosure (Foreclosing Party) shall, within five (5) days of the execution of this Order cause this Order and the Notice of Sale (if available) to be served by US Mail upon said property owner(s). A Certificate of Service, pursuant to Rule 5, SCRCP, shall be with the Clerk of Court expeditiously. In cases where the Notice of Sale is executed later in time than the Order, service shall be accomplished separately, and shall be sent no later than five (5) days from receipt by the Foreclosing Party.
- The sale will not be held unless either Plaintiff's attorney or Plaintiff's bidding agent is present at the sale and either Plaintiff's attorney or Plaintiff's bidding agent enters the authorized bid of Plaintiff for this individually captioned matter. In the alternative, Plaintiff's counsel, if permitted by the Court, may advise this Court directly of its authorized bidding instructions. In the event a sale is inadvertently held without Plaintiff's Counsel or Counsel's bidding agent entering the authorized bid of Plaintiff for this specifically captioned matter, the sale shall be null and void and the property shall be re-advertised for sale on the next available sale date.
- In the event of a third party bidder wherein the successful third party bidder fails to deliver the required deposit in certified (immediately collectible) funds to this Court by close of bidding on the day of the sale, this Court will re-sell the subject property at the most convenient time thereafter (including the day of sale) upon notification to counsel for Plaintiff.
- That this Court shall apply the proceeds of the sale as follows: FIRST: To the payment of the amount of the permitted costs, charges, and expenses of this action, including any Guardian ad Litem or SCRA Attorney Fee or fees of any attorneys appointed by motion of Plaintiff’s Counsel and under Order of the Court; NEXT: To the payment to Plaintiff or Plaintiff's attorney, of the amount of Plaintiff's debt and interest or so much thereof as the purchase money will pay on the same; and Plaintiff's attorney shall receive and disburse such funds only in total and absolute compliance with the debt, interest, escrow, and related calculations of this Court including the Court's award for attorney fees, court permitted charges and taxable costs pursuant to Rules 54 and 71, South Carolina Rules of Civil Procedure; NEXT: Any surplus will be held pending further order of the Court as provided for in the South Carolina Rules of Civil Procedure and particularly Rule 71(c) of the South Carolina Rules of Civil Procedure.
- It is further ORDERED, that if the successful bidder is other than the person(s) or
entity in possession herein, the Sheriff of this County is ordered and directed to evict and remove from the premises the occupants of the property sold, together with all personal property located thereon, and put the successful bidder or his assigns in full, quiet and peaceable possession of said premises without delay, and to keep said successful bidder or his assigns in such peaceable possession.
- And it is further ORDERED, ADJUDGED AND DECREED that none of the named Defendant(s) has/have established any claims or defenses, legal or equitable, for relief against Plaintiff, and therefore, no relief, be it legal or equitable, shall be granted to any of the named Defendant(s). In addition, all persons and/or entities who may be or may have been entitled to claim through or under the title or interest of the named Defendant(s) in the subject property shall likewise be absolutely barred and forever foreclosed of any rights, titles, or interests.
- IT IS FURTHER ORDERED that the deed of conveyance made pursuant to said sale shall contain the names of only the first-named Plaintiff and the first-named Defendant, and the Defendant who was the titleholder of the mortgaged property at the time of the filing of the notice of pendency of the within action, and the name of the grantee, and the applicable recorder of deeds is authorized to omit from the indices pertaining to such conveyance the names of all parties not contained in said deed.
- This Court will retain exclusive jurisdiction to do all necessary acts incident to this foreclosure, including, but not limited to, all matters post-sale which may affect the transfer of the title to the subject real property and all improvements thereon, as well, the issuance of a Writ of Assistance.
- Upon issuance of this Court’s Report on Sale and Disbursements, the Clerk of Court/Register of Deeds is directed to release of record the mortgage lien being foreclosed, which mortgage lien is described as follows: Mortgage from Richard A. McCoy to Branch Banking and Trust Company, dated October 5, 2010, covering real property in Greenville County, filed on October 15, 2010, and is of record in the Office of the Clerk of Court/Register of Deeds for Greenville County in MO 5096, at Page 1375.
- This sale is specifically subject to all title matters of record, including but not limited to any other senior lien or encumbrance, and any interested party should consider performing an independent title examination of the subject property as no warranty is given at all by the Court, Plaintiff or its Counsel.
SCRCP Form 4C (02/2017) Page 1 of 2 FORM 4 STATE OF SOUTH CAROLINA JUDGMENT IN A CIVIL CASE COUNTY OF GREENVILLE IN THE COURT OF COMMON PLEAS CASE NO. 2021-CP- 23 - 03697 Ajax Mortgage Loan Trust 2019-G, Mortgage-Backed Securities, Series 2019 - G, by U.S. Bank National Association, as Indenture Trustee Richard A. McCoy a/k/a Richard Andrew McCoy a/k/a Richard McCoy; Discover Bank; Truist Bank f/k/a Branch Banking & Trust Company f/k/a BB&T Financial, FSB; and FIA Card Services, N.A. PLAINTIFF(S) DEFENDANT(S) Submitted by: Scott and Corley, P.A. Attorney for : Plaintiff Defendant or Self-Represented Litigant DISPOSITION TYPE (CHECK ONE) JURY VERDICT. This action came before the court for a trial by jury. The issues have been tried and a verdict rendered. DECISION BY THE COURT. This action came to trial or hearing before the court. The issues have been tried or heard and a decision rendered See Page 2 for additional information. ACTION DISMISSED ( CHECK REASON) : Rule 12(b), SCRCP; Rule 41(a), SCRCP (Vol. Nonsuit); Rule 43(k), SCRCP (Settled); Other ACTION STRICKEN ( CHECK REASON) : Rule 40(j), SCRCP; Bankruptcy; Binding arbitration, subject to right to restore to confirm, vacate or modify arbitration award; Other STAYED FOR BANKRUPTCY DISPOSITION OF APPEAL TO THE CIRCUIT COURT (CHECK APPLICABLE BOX) : Affirmed; Reversed; Remanded; Other NOTE: ATTORNEYS ARE RESPONSIBLE FOR NOTIFYING LOWER COURT, TRIBUNAL, OR ADMINISTRATIVE AGENCY OF THE CIRCUIT COURT RULING IN THIS APPEAL. IT IS ORDERED AND ADJUDGED: See attached order (formal order to follow) Statement of Judgment by the Court: ORDER INFORMATION This order ends does not end the case. The property which is the subject of this action shall be sold at public sale pursuant to the Master in Equity’s Report and Judgment of Foreclosure and Sale. Additional Information for the Clerk : INFORMATION FOR THE JUDGMENT INDEX Complete this section below when the judgment affects title to real or personal property or if any amount should be enrolled. If there is no judgment information, indicate “N/A” in one of the boxes below. Judgment in Favor of (List name(s) below) Judgment Against (List name(s) below) Judgment Amount To be Enrolled (List amount(s) below) N/A If applicable, describe the property, including tax map information and address, referenced in the order: TMS No. 0574.06- 01 - 065. Property address: 306 Seminole Drive, Simpsonville, SC 29680 The judgment information above has been provided by the submitting party. Disputes concerning the amounts contained in this form may be addressed by way of motion pursuant to the SC Rules of Civil Procedure. Amounts to be computed such as interest or additional taxable costs not available at the time the form and final order are submitted to the judge may be provided to the clerk. Note: Title abstractors and researchers should refer to the official court order for judgment details. E-Filing Note: In E-Filing counties, the Court will electronically sign this form using a separate electronic signature page. Charles B. Simmons, Jr., Master in Equity Judge Code Date
SCRCP Form 4C (02/2017) Page 2 of 2
For Clerk of Court Office Use Only
This judgment was entered on the ________ day of _______________, 20______ and a copy mailed first class or placed in the appropriate attorney’s box on this ________ day of _______________, 20______ to attorneys of record or to parties (when appearing pro se) as follows: Scott and Corley, P.A. P.O. Box 2065 Columbia, SC 29204 Richard A. McCoy a/k/a Richard Andrew McCoy a/k/a Richard McCoy 306 Seminole Drive Simpsonville, SC 29680 Discover Bank c/o Jerry T. Myers, Esq. 4601 Six Fork Rd., Ste. 400 Raleigh, NC 27609 Truist Bank f/k/a Branch Banking & Trust Company f/k/a BB&T Financial, FSB c/o Jerry T. Myers, Esq. 4601 Six Fork Rd., Ste. 400 Raleigh, NC 27609 FIA Card Services, N.A. 5215 Concord Pike Wilmington, DE 19803 Attorney for Plaintiff Attorney for Defendant(s)
Clerk of Court
Court Reporter: _______________________________________________
E-Filing Note: In E-Filing counties, the date of Entry of Judgment is the same date as reflected on the Electronic File Stamp and the clerk's entering of the date of judgment above is not required in those counties. The clerk will mail a copy of the judgment to parties who are not E-Filers or who are appearing pro se. See Rule 77(d), SCRCP. ADDITIONAL INFORMATION REGARDING DECISION BY THE COURT AS REFERENCED ON PAGE 1. This action came to trial or hearing before the court. The issues have been tried or hear and a decision rendered.
Greenville Common Pleas
Case Caption: Ajax Mortgage Loan Trust 2019 G , plaintiff, et al vs. Richard A
Mccoy , defendant, et al
Case Number: 2021CP
Type: Master/Order/Foreclosure & Sale and Form 4
And It Is So Ordered!
s/ Judge Charles B. Simmons, Jr. (3023)
Electronically signed on 2021-10-29 13:05:14 page 16 of 16
