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FIRST UNION NATIONAL BANK v. HITMAN, INC.

1731

306 S.C. 327 (1991)

411 S.E.2d 681

FIRST UNION NATIONAL BANK OF SOUTH CAROLINA, Respondent v. HITMAN, INC., Mark D. Axler, Sherry A. Axler, NCNB South Carolina, of whom Hitman, Inc. is, Appellant, and Chris Construction Company is, Intervenor.

Court of Appeals of South Carolina.

Decided December 2, 1991.

Rehearing Denied December 16, 1991.

Attorney(s) appearing for the Case

W. Brantley Harvey, Jr., John M. Tatum, III, and Noel M. Seeburg, Jr., all of Harvey & Battey, P.A., Beaufort, for appellant.

Edward E. Bullard, Hilton Head Island, for intervenor.

Russell P. Patterson of Jones, Scheider & Patterson, Hilton Head Island, and E. Douglas Pratt-Thomas, of Wise and Cole, Charleston, for respondent.

George Mullen, Hilton Head Island, for NCNB of South Carolina.

Heard Sept. 11, 1991.

Decided Dec. 2, 1991.

Reh. Den. Dec. 16, 1991.

Per Curiam:

The appellant, Hitman, Inc., moved to set aside a foreclosure sale on two grounds: the special sales date was not authorized by a court order; and the sales price was grossly insufficient. The respondent, First Union National Bank, objected to hearing the motion on insufficiency of the price, because it did not receive the required notice of the hearing...

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