NOTICE OF FORECLOSURE SALE (Case No. 2024-CP-07-02427)
BY VIRTUE OF A DECREE by the Honorable James J. Wegmann, heretofore issued in the case of Palmetto Bay Marina Village Association v. Wolfgang H.P. Mueller and Eddye Cook Mueller, Civil Action No. 2024-CP-07-02427, the undersigned will sell on November 3rd, 2025 at 11:00 a.m., in the Office of the Master-in-Equity for Beaufort County, South Carolina, or a courtroom to be determined, located at 102 Ribaut Road, Beaufort, South Carolina, the
following property (hereinafter referred to as the "Property") to the highest bidder:
ALL that certain Condominium Unit lying and being on Hilton Head
Island, Beaufort County, South Carolina, known as Condominium
Unit #401, Building 151C (A-2) Palmetto Bay Horizontal Property
Regime, Phase I and being more particularly shown and described
by reference to the Master Deed, as may be amended or annexed, of
Palmetto Bay Marina Village Associates establishing said
Horizontal Property Regime, said Master Deed being recorded the
29th day of July, 1982 in the Beaufort County Records in Deed Book
351 at Page 1631.
This being the same property conveyed to Wolfgang H. P Mueller
and Eddye Cook Mueller by deed of Palmetto Bay Marina Village
Associates, a Tennessee General Partnership Composed of KA
Developments, Inc., a Georgia Corporation, and Bright & Martin
Development Co., a Tennessee Corporation dated February 17,
1999 and recorded in the Register of Deeds for Beaufort County on
March 31, 1999 at Book 1141 at Page 851.
TMS #: 550-010-066-401-C
Property Address: 70 Paddleboat Lane, Apt. 401-C, Hilton Head
Island, SC 29928
TERMS OF SALE: For cash. Other than the Plaintiff in this matter, Palmetto Bay Marina Village Association, Inc. (hereinafter the "Association"), the successful bidder will deposit with the Clerk of Court for Beaufort County or the undersigned's office, at the conclusion of
bidding, five percent (5%) of the bid, in cash or equivalent, as evidence of good faith, the same to be applied to the purchase price in case of compliance, but to be forfeited and applied first to costs and then to the debt owed the Association in the case of non-compliance. Should the last and highest bidder fail or refuse to make the required deposit at the time of bid or comply with the other terms of the bid within thirty (30) days, then the Clerk of Court for Beaufort County, South Carolina may resell the Property on the same terms and conditions on some subsequent Sale Day (at risk of the said highest bidder). Twelve (12.0%) annual interest shall be paid on the bid balance until the date of compliance.
THE ASSOCIATION HAS WAIVED ITS RIGHT TO OBTAIN A DEFICIENCY
JUDGMENT, AND THE SALE SHALL BECOME FINAL ON THE SALES DAY.
Purchaser to pay for the preparation of the Master's Deed, documentary stamps on the deed, the recording of the deed, and transfer taxes on the deed.
Purchaser to pay for any statutory commission on the sale from the proceeds of the final bid amount.
Said sale shall not be held unless the Association or its attorney is present at said sale. In the alternative, Plaintiff's counsel, if permitted by the Court, may advise this Court of its authorized bidding instructions.
Said sale of this property is subject to cancellation up until the moment of the sale.
SAID PROPERTY IS SUBJECT TO ANY LIENS OF RECORD NOT RELEASED BY
VIRTUE OF THE ABOVE-REFERENCED FORECLOSURE, INCLUDING ANY SENIOR
LIENS OR ENCUMBRANCES, TAXES AND ASSESSMENTS, EXISTING EASEMENTS
AND RESTRICTIONS, AND EASEMENTS AND RESTRICTIONS OF RECORD.
SPECIFICALLY, THIS SALE IS SUBJECT TO A SENIOR MORTGAGE HELD BY BANK OF
AMERICA, N.A., DATED AUGUST 5, 2003 AND RECORDED NOVEMBER 26, 2003 IN THE
BEAUFORT COUNTY REGISTER OF DEEDS OFFICE AT BOOK 1877 AT PAGES 2102
THROUGH 2120. THIS SALE IS ALSO SUBJECT TO A SENIOR MORTGAGE HELD BY
BANK OF AMERICA, N.A., DATED FEBURARY 12, 2014 AND RECORDED FEBRUARY
21, 2014 IN THE BEAUFORT COUNTY REGISTER OF DEEDS OFFICE AT BOOK 3304 AT
PAGES 2231 THROUGH 2244.
NEITHER THE ASSOCIATION NOR THE UNDERSIGNED WARRANT TITLE UPON
PURCHASE. ANY BIDDER IS RESPONSIBLE FOR CONDUCTING THEIR OWN TITLE
SEARCH AND EXAMINATION.
___________________________________
James J. Wegmann, Master-in-Equity for
Beaufort County, South Carolina
Beaufort, South Carolina
This _______ day of July, 2025
William F. Childers, Jr.
Tonnsen Bach Law Firm
1306 South Church Street
Greenville, SC 29605
Attorney for the Plaintiff
IPL0279925
Oct 17,24,31 2025