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Unpublished Opinion No.   2009-UP-081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.