Epstein v. Coastal Timber Co., Inc.

Albert Epstein (“Epstein”) brought this action for damages against Coastal Timber Co., Inc. (“Coastal”), alleging Coastal cut and removed standing timber that was subject to mortgages he held on the property. The circuit court found Epstein failed to properly secure an interest in the timber under South Carolina’s Uniform Commercial Code (“UCC”). Epstein appeals. We reverse and remand.

I. FACTS

In March 2004, Epstein purchased real property in Horry County from TMAC Investors IX, L.L.C. for $130,000.00. The deed was recorded on April 19, 2004. The area, known as the old Conway Mill site,…