Notice of Sale: 2017-CP-20-00189




BY VIRTUE of a decree heretofore granted in the case of:  Ditech Financial LLC vs. Tracie M. Robinson a/k/a Tracie Berenguer; and Deborah Azzarito Robinson, as Personal Representative, individually, and as Legal Heir or Devisee of the Estate of Samuel R. Robinson a/k/a Samuel Ross Robinson, Deceased, I, the undersigned Carol A. Tolen, Special Referee for Fairfield County, or his designee will sell on Monday, March 5, 2018 at 11:00 AM, at the County Courthouse, 101 South Congress Street, Winnsboro, SC 29180, to the highest bidder:

All of that certain piece, parcel or tract of land with the improvements thereon, situate lying and being in the County of Fairfield, State of South Carolina containing 1.53 acres and being shown as Tract “A” on plat made by Glenn Associates Land Surveying Company and recorded in the Office of the ROD for Fairfield County on September 29, 1986, in Slide “B” at Page 297.

Please note that the above description has been modified to correct a minor, immaterial clerical error in the legal regarding the surveyor reference.

This being the same property conveyed to Samuel R. Robinson and Tracie M. Robinson by deed of Angela T. Brown and Preston W. Brown, Jr., dated September 14, 2007 and recorded September 17, 2007 in Book 867 at Page 112 in the Office of the Clerk of Court for Fairfield County.  Subsequently, Samuel R. Robinson a/k/a Samuel Ross Robinson died testate on or about May 31, /2017, leaving the subject property to his devisees, namely Deborah Azzarito Robinson, as shown in Probate Estate Matter Number 2017-ES-32-00863. Thereafter, Deborah Azzarito Robinson was appointed as Personal Representative of the Estate of Samuel R. Robinson a/k/a Samuel Ross Robinson (Probate Estate Matter Number 2017-ES-32-00863).

TMS No. 138-00-02-028-000

Property address: 156 Monticello Street, Jenkinsville, SC 29065

TERMS OF SALE:  The successful bidder, other than the Plaintiff, will deposit with the Special Referee, at conclusion of the bidding, five percent (5%) of said bid is due and payable immediately upon closing of the bidding, in cash or equivalent, as evidence of good faith, same to be applied to purchase price in case of compliance, but to be forfeited and applied first to costs and then to Plaintiff’s debt in the case of non-compliance. In the event of a third party bidder and that any third party bidder fails to deliver the required deposit in certified (immediately collectible) funds with the Office of the Special Referee, said deposit being due and payable immediately upon closing of the bidding on the day of sale, the Special Referee will re-sell the subject property at the most convenient time thereafter (including the day of sale) upon notification to counsel for Plaintiff. Should the last and highest bidder fail or refuse to comply with the balance due of the bid within 30 days, then the Special Referee may re-sell the property on the same terms and conditions on some subsequent Sales Day (at the risk of the said highest bidder).

No personal or deficiency judgment being demanded, the bidding will not remain open after the date of sale, but compliance with the bid may be made immediately.

Purchaser to pay for documentary stamps on Special Referee’s Deed.  The successful bidder will be required to pay interest on the balance of the bid from the date of sale to date of compliance with the bid at the rate of 5.000% per annum.

The Plaintiff may waive any of its rights, including its right to a deficiency judgment, prior to sale.

The sale shall be subject to taxes and assessments, existing easements and restrictions of record.

This sale is subject to all title matters of record and any interested party should consider performing an independent title examination of the subject property as no warranty is given.

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 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.

Neither the Plaintiff nor its counsel make representations as to the integrity of the title or the fair market value of the property offered for sale.  Prior to bidding you may wish to review the current state law or seek the advice of any attorney licensed in South Carolina.


Carol A. Tolen

Special Referee for Fairfield County

Scott and Corley, P.A.

Attorney for Plaintiff

02/15/18, 02/22/18, 03/01/18



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