Peoples Federal Savings & Loan Ass'n v. Myrtle Beach Retirement Group, Inc.

394 S.E.2d 849, 302 S.C. 223, 1990 S.C. App. LEXIS 79
CourtCourt of Appeals of South Carolina
DecidedJuly 2, 1990
Docket1519
StatusPublished
Cited by4 cases

This text of 394 S.E.2d 849 (Peoples Federal Savings & Loan Ass'n v. Myrtle Beach Retirement Group, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peoples Federal Savings & Loan Ass'n v. Myrtle Beach Retirement Group, Inc., 394 S.E.2d 849, 302 S.C. 223, 1990 S.C. App. LEXIS 79 (S.C. Ct. App. 1990).

Opinions

Gardner, Judge:

Peoples Federal Savings and Loan Association and Loyola Federal Savings and Loan Association (the S&L’s) brought a foreclosure action. Deficiency judgment was not waived, the mortgaged property was sold at judicial sale for $8,300,000 and deficiency judgment of $2,880,000 was entered against the developers, Jack E. Shaw, Gary R. Craven and W.L. Williams. The developers petitioned for an appraisal of the property. A Board of Appraisers was appointed pursuant to statute. The master-in-equity confirmed the appraiser’s report. We affirm.

ISSUES

The issues presented are (1) whether the master erred in holding that his scope of review was limited to either approval or disapproval of the appraisal, (2) whether the master [225]*225abused his discretion in affirming the report of the Board of Appraisers whose valuation included a discount for entrepreneurial profit and a discount rate for determining present value.

FACTS

The foreclosed property of this case is a life care facility known as Covenant Towers. A life care facility is a type of retirement housing which contains a residential complex and provides most of the services necessary to meet the needs of its residents, including houses, an activities center, and a health care center. The facility in this case consists of a total of 159 condominium units and a support center containing an activities center and a 30 bed skilled care nursing center. The foreclosure, however, pertained only to the support center and 105 of the condominium units; the other 54 condominium units were sold prior to the foreclosure.

As noted, the developers petitioned for a statutory appraisal of the property after foreclosure and a Board of Appraisers was appointed.

The three appraisers of the Board were Mr. Yahnis, appointed by the developers; Mr. Christopher, appointed by the Savings and Loans; and Mr. Hedgepath, appointed by the court.

Each of the appraisers used the “discounted sellout” method of valuation or appraisal. The discounted sellout method values property from the perspective of a developer or entrepreneur who purchased the property at the judicial sale and who intends to resell the unit to individual purchasers. Using this method, the estimated value of the condominium units is derived by first determining a projection of the retail sales of all of the units in the foreclosed property. The record reflects that the appraisers estimated the retail sales price of each unit by a comparison of like sales in the community. From this value, the appraisers then deducted development expenses such as advertising, etc., and holding costs such as taxes and insurance and the interest which would have accumulated on the purchase price during the time it took to sell the property. Finally the appraisers deducted the profit which it is assumed would have been realized from the resale of the property. Of course, it is recog[226]*226nized that the purchaser under this method of appraisal would assume both the risk of loss as well as a projected gain. The discounted sellout method of appraisal would not have been used if the appraisers projected a loss from the endeavor. Thus the appraisers arrived at what they found to be the true value.

Mr. Yahnis initially appraised the market value of 105 units at $8,755,000. This he testified is the true value of the units if purchased at one time by one buyer, paying cash. Mr. Yahnis testified that, in accessing the market value of 105 units, he deducted a profit allowance to an entrepreneur of about $150,000 or 3 percent of gross sales. Mr. Yahnis also testified he deducted a certain amount for a time value of the money factor at a discount rate of 13.5 percent. It is our understanding that this represented interest on the investment during the time it would take to sell the property. Mr. Yahnis stated he used the 13.5 percent rate because it was “the market rate that a lender would use to loan this project to a developer.”

Mr. Hedgepath valued the property at $8,455,000. This figure, however, includes a "core center” at the development which is not included in the foreclosure action. Mr. Hedgepath testified that he discounted the “retail value” of the units to determine the “market value.” He applied a total discount rate of 25 percent. This rate includes a discount for entrepreneur profits and for “cost of money.” He did not itemize his 25 percent discount to determine what portion was attributable to the time cost of money or entrepreneur profit. He stated that the “market value” in this case was synonymous with “wholesale value.”

Mr. Christopher valued the 105 condominium units at $4,350,000. He testified that he used the same methodology as Mr. Yahnis and Mr. Hedgepath, which is standard in the industry of appraisers. Mr. Christopher deducted a “developers profit” or “entrepreneur profit” of 12 percent and used the 9 percent discount for time value of money. Mr. Christopher testified that he appraised the gross retail sell out value of the units at $8,036,000.

Later, and importantly, the three appraisers met as a committee and agreed on a valuation of the property of $8,120,000, and filed their return which was recorded as a [227]*227judgment by the Clerk of Court pursuant to Section 29-3-740, Code of Laws of South Carolina (1976).

The developers appealed the appraisal to the master-in-equity to whom the case was referred with finality. The appealed order, relying on South Carolina National Bank v. Central Carolina Livestock Market, Inc., 289 S.C. 309, 345 S.E. (2d) 485 (1986), held that the trial judge’s authority was limited “to either approval or disapproval of the appraisal.”

Additionally, the appealed order, in effect, (1) held the appraisers were well qualified with impressive credentials, (2) rejected the borrower’s contention that a reappraisal should be ordered, (3) differentiated the cases relied on by the developers and defined true value thusly:

The phrase “true value” is not clearly defined in the South Carolina appraisal statutes. The general rule appears to be that “true value” is the same as market value or fair market value. Henry Campbell Black, Black’s Law Dictionary, (5th Edition, 1979); State Through Dept. of Highways v. Poulan [Poulan], La. App. 160 So. (2d) 387; City of Cleveland v. T.V. Cable Co., 239 Miss, 184, 121 So. (2d) 862. The appraisers used the same definition of market value as used by the Federal Home Loan Bank Board.1

DISCUSSION

I.

The thrust of the developers’ argument is their contention that (1) the statutory scheme authorizes the trial judge and [228]*228this court to amend the appraisal or in effect reappraise the property and (2) the trial judge and this court have inherent authority to reappraise the property. The master rejected this contention by holding that he was only authorized to confirm the appraiser’s report or to disapprove it. Implicit2 in this ruling is the holding that if the trial judge disapproves the appraisal, under the statute, he has the authority to direct a new appraisal “upon such terms as he may deem equitable.”

We hold that whether the master’s scope of review was limited to either approval or disapproval of the appraisal and judgment entered thereon is controlled by Section 29-3-750, Code of Laws of South Carolina (1976).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wilkinson v. Redd Green Investments, LLC
Court of Appeals of South Carolina, 2021
Peoples Federal Savings & Loan Ass'n v. Resources Planning Corp.
596 S.E.2d 51 (Supreme Court of South Carolina, 2004)
PEOPLES FEDERAL SAVINGS v. Resources
596 S.E.2d 51 (Supreme Court of South Carolina, 2004)
South Carolina National Bank v. S & L Investment Partnership
419 S.E.2d 243 (Court of Appeals of South Carolina, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
394 S.E.2d 849, 302 S.C. 223, 1990 S.C. App. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peoples-federal-savings-loan-assn-v-myrtle-beach-retirement-group-inc-scctapp-1990.