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2009-UP-081 - HSBC Bank USA v. Joyner

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

HSBC Bank USA, as Trustee in trust of Citigroup Mortgage Loan and Trust, Inc. Asset Backed Pass Through Certificates series 2003-HE4, Respondent,

v.

Thomas K. Joyner; GMAC Mortgage Corporation DBA ditech.com; Darby E. Davis; Swift Ernest Pridgen; Chase Manhattan Bank USA, N.A. c/o CFC; Laurel Woods Homeowners' Association, Inc.; and South Carolina Department of Motor Vehicles, Defendant(s)

Of Whom Thomas K. Joyner is Appellant.


Appeal from Horry County
 J. Stanton Cross, Jr., Master-In-Equity


Unpublished Opinion No.   2009-UP-081
Submitted February 2, 2009 – Filed February 12, 2009


AFFIRMED


William I. Diggs, of Myrtle Beach, for Appellant.

Sean A. O'Connor and Brendan P. Langendorfer, both of Charleston, for Respondent.

PER CURIAM:  Thomas K. Joyner appeals the master's holding that HBSC Bank USA's (HBSC) mortgage encumbered Joyner's mobile home and the mobile home was therefore subject to foreclosure.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities:  Hayne Federal Credit Union v. Bailey, 327 S.C. 242, 248, 489 S.E.2d 472, 475 (1997) ("A mortgage foreclosure is an action in equity. Our scope of review of a case heard by a master who enters a final judgment is to determine facts in accordance with our own view of the preponderance of the evidence.");  Carroll v. Britt, 227 S.C. 9, 15, 86 S.E.2d 612, 615 (1955) (stating in determining whether or not a building is a fixture, the court should consider: (1) the mode of attachment or annexation; (2) the character of the structure; (3) the intention of the person making the annexation; and (4) the relationship of the parties); In re Rebel Mfg. & Marketing Corp., 54 B.R. 674, 675 (Bankr. D. S.C. 1985) (citing Planter's Bank v. Lummus Cotton Gin Co., 132 S.C. 16, 128 S.E. 876 (1925)) ("It has long been the law in South Carolina that fixtures annexed to land which is encumbered with a mortgage inure to the benefit of the real property mortgage."); Rebel Mfg., 54 B.R. at 676 (holding a mobile home was a fixture where the structure was not readily adaptable for movement and additions, including a screened porch, sun deck and swimming pool, were added to the mobile home). 

AFFIRMED.

PIEPER and LOCKEMY, JJ., and GOOLSBY, A.J., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.