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EX PARTE JOHNSON

No. 4165.

371 S.C. 614 (2006)

640 S.E.2d 887

Ex parte Bruce JOHNSON, Appellant, In re Bank of America, N.A., Respondent, v. Schuyler L. Moore and Yvonne R. Moore, as Trustees for the Moore Family Trust; Schuyler L. Moore and Yvonne R. Moore; Lyn-Rich Contracting Company, Inc.; Alice Guillemet; Scott Moore; Raymond Guillemet; Gordon Rockwell; Barbara Moore; Leslie Guillemet; Shawn G. Guillemet; Brandy G. Guillemet; Andre S. Moore; and Deanna M. Moore, Defendants, Of whom Schuyler L. Moore and Yvonne R. Moore, as Trustees for the Moore Family Trust; Schuyler L. Moore and Yvonne R. Moore; Lyn-Rich Contracting Company, Inc. are the Respondents.

Court of Appeals of South Carolina.

Decided October 16, 2006.

Withdrawn, Substituted and Refiled December 18, 2006.

Rehearing Denied December 18, 2006.

Attorney(s) appearing for the Case

Tobias G. Ward, Jr. and J. Derrick Jackson, both of Columbia, for Appellant.

Frederick A. Gertz, John M. A'Hern and Robert F. Anderson, all of Columbia, George S. Nicholson, Jr. and Patrick J. Frawley, both of Lexington, James W. Sheedy and Susan E. Driscoll, both of Rock Hill, for Respondents.

KITTREDGE, J.:

In this foreclosure action, the property was sold, by way of court order, subject to the successful bidder paying the past due property taxes and assessments. The sale resulted in surplus funds. Following the sale, Bruce Johnson, the successful bidder, sought to defeat the previously unchallenged court order and avoid responsibility for the taxes and assessments. Johnson argued to the Master, and now to us, that section 12-49-60 of the South Carolina...

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