Special Referee Notice of Sale: 2018-CP-20-00454

SPECIAL REFEREE

NOTICE OF SALE

2018-CP-20-00454

BY VIRTUE of a decree heretofore granted in the case of:  Wilmington Savings Fund Society, FSB, not in its individual capacity but solely in its capacity as owner trustee of Matawin Ventures Trust Series 2017-4 vs. Brenda Davis, as Personal Representative, individually, and as Heir or Devisee of the Estate of Beatrice Davis, Deceased; James Davis, individually; James Davis, individually, and as Heir or Devisee of the Estate of Beatrice Davis, Deceased; Carolyn Davis, individually, and as Heir or Devisee of the Estate of Beatrice Davis, Deceased; Charles A. Davis, Jr. a/k/a Charles A. Davis, individually, and as Heir or Devisee of the Estate of Beatrice Davis, Deceased; Wade A. Davis, individually, and as Heir or Devisee of the Estate of Beatrice Davis, Deceased; Wardell Davis, individually, and as Heir or Devisee of the Estate of Beatrice Davis, Deceased; Willie Davis, individually, and as Heir or Devisee of the Estate of Beatrice Davis, Deceased; Any Heirs-at-Law or Devisees of the Estate of Beatrice Davis, Deceased, their heirs or devisees, successors and assigns, and all other persons entitled to claim through them; all unknown persons with any right, title or interest in the real estate described herein; also any persons who may be in the military service of the United States of America, being a class designated as John Doe; and any unknown minors or persons under a disability being a class designated as Richard Roe, I, the undersigned Carol A. Tolen, Special Referee for Fairfield County, or his designee will sell on Monday, June 3, 2019 at 11:00 AM, at the County Courthouse, 101 South Congress Street, Winnsboro, SC 29180, to the highest bidder:

All that certain piece, parcel or lot of land, being and situate in the County of Fairfield, State of South Carolina, near Jenkinsville, containing 0.90 acres more or less, including a road right-of-way as shown on a plat prepared for Wade Gadson and Ida Gadson by Donald G. Platt, RLS, dated May 10, 1985. Reference is made to said plat for the following metes and bounds: Beginning at an (O) iron on the Southwest corner and running along a line designated N 56°14` W for a distance of 136.89 feet to a nail; thence along the centerline of highway S-20-419 and a line designated N 48°00` E for a distance of 316.56 feet to a nail; thence along a line designated as S 38°30` E for a distance of 133.94 feet to an (N) iron; thence along a line designated as S 48°17` W for a distance of 273.27 feet to the beginning. Said property is bounded, now or formerly, as follows: On the North by highway S-20-419; East by lands of Wade Gadson and Ida Gadson; South by lands of Rosalie Boyd; and West by lands of Mrs. H.G. Phillips. Be all measurements a little more or less.

This being the same property conveyed to Beatrice Davis and James E. Davis by Deed of B&B Real Estate Investors, LLC dated September 3, 2004 and recorded September 22, 2004 in Book 672 at Page 99 in the ROD Office for Fairfield County.  Subsequently, Beatrice Davis died intestate on or about May 26, 2014, leaving the subject property to her heirs, namely Brenda Davis, James Davis, Carolyn Davis, Charles A. Davis, Jr. a/k/a Charles A. Davis, Wade A. Davis, Wardell Davis, Willie Davis, as shown in Probate Estate Matter Number 2014-ES-20-00143.

TMS No. 178-00-01-014-000

Property address: 103 Kennedy Road, Winnsboro, SC 29180

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 certified funds 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).

Personal or deficiency judgment being demanded, the bidding will remain open for a period of thirty (30) days after the sale date.  The Plaintiff may waive its right to a deficiency judgment prior to sale, in which case 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 9.000% 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

06/16/19, 05/23/19, 05/30/19