Winrose Homeowners' Ass'n, Inc. v. Hale

813 S.E.2d 894, 423 S.C. 220
CourtCourt of Appeals of South Carolina
DecidedApril 4, 2018
DocketAppellate Case No. 2015-001807; Opinion No. 5549
StatusPublished
Cited by2 cases

This text of 813 S.E.2d 894 (Winrose Homeowners' Ass'n, Inc. v. Hale) 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
Winrose Homeowners' Ass'n, Inc. v. Hale, 813 S.E.2d 894, 423 S.C. 220 (S.C. Ct. App. 2018).

Opinions

THOMAS, J.:

**223Appellants Devery A. Hale and Tina T. Hale filed this appeal following the denial of their motion to set aside a foreclosure sale. Appellants claim the successful bid at the foreclosure sale shocked the conscience and violated equitable principles. We affirm.

FACTS/PROCEDURAL HISTORY

In February 2014, Respondent Winrose Homeowners' Association, Inc. (Winrose) filed a foreclosure action alleging Appellants failed to pay their association dues. In July 2014, the master filed a judgment of foreclosure ordering the property sold to satisfy the debt. The judgment of foreclosure stated the sale "shall be subject to ... senior encumbrances" and specifically subject to a senior mortgage but did not disclose the outstanding balance of the mortgage. Regime Solutions, LLC (Regime) was the successful bidder at the foreclosure sale, which took place in August 2014. Regime's successful bid was for $3,036.

In November 2014, Appellants filed a motion to vacate the foreclosure sale. Appellants claimed the property's fair market value as of October 31, 2014, was $128,000 and the mortgage balance for the property was $66,004. During the hearing on Appellants'

*896motion to vacate, Appellants claimed the master should compare Regime's successful bid of $3,036 to the amount of equity Appellants had in the property, which they calculated to be $61,996. Comparing the successful bid to their equity, Appellants concluded the bid was for less than 10% of the fair market value and, thus, shocked the conscience. Appellants also asserted the master had "the ability in [his] gavel to do equity where perhaps equity should be done." Appellants went on to contend they were "hard working people" and "deserve[d]" the property. Appellants failed, however, to argue any irregularities with the foreclosure sale process. They failed to participate in any of the proceedings until filing the motion to set aside the sale despite admittedly **224receiving notices of the proceedings. They simply "put the papers in a drawer and forgot about them."

In response, Respondents argued the outstanding mortgage balance must be added to the successful bid to calculate an effective bid price for consideration under the "shocks-the-conscience" standard. Regime concurred with Appellants' assertion the property's fair market value was $128,000. The master issued his ruling in April 2015. The master noted Regime purchased the property subject to the mortgage balance of $66,004. The master agreed with Respondents that the appropriate calculation was to combine the successful bid amount with the mortgage balance to create an "effective sale price." Under this calculation, the master concluded Regime effectively bid $69,040 for the property, which constituted 54% of the fair market value. The master determined a bid of 54% of the fair market value did not shock the conscience, and he denied Appellants' motion to vacate the foreclosure sale. The master further explained "the practice of homeowners' association foreclosures would effectively be eradicated if [Appellants]' position came to bear." This appeal followed.

ISSUES ON APPEAL

1. Whether the master erred by denying Appellants' motion to vacate the foreclosure sale because the successful bid shocked the conscience.

2. Whether the master erred by denying Appellants' motion to vacate the foreclosure sale because equitable circumstances of the foreclosure demanded the sale be vacated.

STANDARD OF REVIEW

A foreclosure action is an equitable action. Wachovia Bank, Nat'l Ass'n v. Blackburn , 407 S.C. 321, 328, 755 S.E.2d 437, 440-41 (2014). Thus, our standard of review is de novo. Stoney v. Stoney , 421 S.C. 528, 530, 809 S.E.2d 59, 59 (2017); see S.C. Const. art. V, § 5 (stating in equity cases, the supreme court "shall review the findings of fact as well as the law, except in cases where the facts are settled by a jury and the verdict not set aside"). Under de novo review, we may consider two principles long recognized by our courts "(1) a trial [court] is in a superior position to assess witness credibility, and (2) an appellant has the burden of showing the **225appellate court that the preponderance of the evidence is against the finding of the trial [court]." Stoney , 421 S.C. at 530, 809 S.E.2d at 59. De novo review allows us to take our own view of the evidence and make our own findings of fact. Id .

WHETHER THE SALE SHOCKED THE CONSCIENCE

Appellants argue the master erred by employing an improper calculation when deciding whether Regime's successful bid shocked the conscience. Appellants advocate for the Equity Method, which involves comparing the successful bid to the amount of equity in the property. The Equity Method consists of subtracting the amount of the senior encumbrance from the property's fair market value. The resulting number is the amount of equity in the property. The equity is then compared to the successful bid. According to Appellants, the successful bid must be greater than 10% of the equity or South Carolina courts should set aside the judicial sale because such a sale would shock the conscience. In this case, under the Equity Method, the successful bid was 4.89% of the equity. Appellants claim the Equity Method is proper because, although the property remained subject to the mortgage, Regime was not required to personally assume the mortgage.

Respondents argue the master correctly analyzed whether Regime's successful bid *897shocked the conscience because senior mortgages must be included with the bid. Respondents note Regime must satisfy the mortgage in full to obtain clear title to the property. Finally, Respondents assert following Appellants' method of comparing the successful bid to the equity would create a chilling effect at foreclosure sales. Respondents claim potential bidders would be unable to determine the amount of equity in a property because there "are a host of statutes prohibiting" disclosure of a mortgagee's balance information. Respondents argue the Debt Method, which the master applied, is the proper method. The Debt Method consists of combining the amount of the successful bid with the amount of the senior encumbrance, which creates an effective bid price. The effective bid price is then compared to the fair market value.

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Related

Ex Parte: Alecia Havens v. State Street Holdings, LLC
Court of Appeals of South Carolina, 2023
Winrose Homeowners' Association v. Hale
Supreme Court of South Carolina, 2019

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Bluebook (online)
813 S.E.2d 894, 423 S.C. 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winrose-homeowners-assn-inc-v-hale-scctapp-2018.