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School board member, county council candidate face business foreclosure

Dorton, Mickle also owe back taxes on liquor store sales

Posted: July 31, 2012 6:12 p.m.
Updated: August 1, 2012 5:00 a.m.

Kershaw County School Board Trustee Joseph (“Joey”) Dorton and Kershaw County Council write-in candidate Willie Mickle, both owners of Gags Liquor Store on Wylie Street in Camden, are facing foreclosure of their business and have allegedly failed to pay sales taxes since 2009. Dorton is Mickle’s son-in-law.

According to a legal filing by TD Bank, Dorton and Mickle, as Domick LLC, have defaulted on a nearly $224,000 loan for their commercial property, including a neighboring car wash, and failed to pay more than $16,000 in sales taxes. A legal notice of the foreclosure action appears in today’s Chronicle-Independent.

As of May 8, Domick LLC, a limited liability company created in 2002, Dorton and Mickle, owe a principal sum of $233,963.91, plus interest in the amount of $11,322.63, further accrued interest, $80 in late fees and attorney fees. The documents states that the S.C. Department of Revenue (SCDOR) may claim a lien on the property, “but if such lien exists, it is junior and subordinate to that of plaintiff herein.” The complaint goes on to include a list of unpaid state sales taxes dating from 2009 totaling more than $16,000.

TD bank seeks foreclosure and sale of the property, with any “judgment” against Dorton and Mickle being credited by the amount of the highest bid at a foreclosure sale. The foreclosure action states that Dorton and Mickle entered an agreement where they “individually, jointly and severely, absolutely and unconditionally agreed the payment of the Note and Mortgage to TD Bank and all extensions and renewals thereof.”

Domick LLC currently owns both pieces of property: .36 acre, the current location of Gag Liquor Store, and the adjoining .23 acre, a self-service car wash, both on Wylie Street.

The firm of Nelson, Mullins, Riley & Scarborough is representing TD Bank as the successor, by merger, to Carolina First Bank which originally held the note to the property. The firm requested that a Summons and Notice of Filing of Complaint be published in the C-I once a week, starting today, for three consecutive weeks after “due diligence and numerous attempts” to locate and serve Mickle with the foreclosure notice. The complaint, which is officially against Domick LLC, Mickle and Dorton as individuals and the SCDOR, was filed in the Kershaw County Clerk of Court’s Office on May 25. According to the notice, Mickle had 30 days to reply to the summons.

According to the legal file, Dorton was successfully served May 25 with the foreclosure notice as an individual and as the agent of service for Domick LLC. However, TD Bank’s process server wrote a note into the foreclosure action’s file explaining his “justification for non-service” concerning Mickle. In it, the server said they attempted to serve Mickle at a home in Camden but found it vacant and for sale. They said they tried to serve Mickle an additional three times, but was given “excuses” when Mickle failed to show at designated meeting places and times. “Definitely avoiding…” the server ended the note.

Dorton declined to comment when contacted by the C-I, except to say that he was making payments on the back sales taxes. He said Mickle was away on vacation.

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