D. Nathan Davis

Born in Charleston, South Carolina, I have been helping people with financial problems, financial planning and creditor abuse matters for over 40 years. My goal is to have my clients in better shape when their legal matter is concluded than when it bagan.

University of South Carolina School of Law

Juris Doctor (1975)

1975

National Association of Consumer Bankruptcy Attorneys

member

2009 - Current

Activities: participate in forums on national issues.

South Carolina State Bar

Member

1975 - Current

South Carolina

Since 1975

4th Circuit

• Free Consultation
  I meet with you for up to 1 hour at no charge. I often find that I cannot handle a matter and refer you to an attorney I would use if I had the same legal problem.
• Contingent Fees
  Not all cases are suitable for contingent fee representation.
• Rates, Retainers and Additional Information
  You will be responsible for costs and expenses even if I take your case on a contingent fee basis.

Bankruptcy

Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Real Estate Law

Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law

Consumer Law

Class Action, Lemon Law

Collections

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Probate

Probate Administration, Probate Litigation, Will Contests

Q. Hi, dear lawyers, I have a concern wondering if it could be made a case or not against toyota misleading.

January 3, 2023

A: Legally, you may have a case against the dealer. The case is likely not worth pursuing using an attorney. The reason is that the damages you have suffered are minor. You can buy a different vehicle and mitigate your damages. A lawsuit is an expensive thing to pursue and any recovery is likely not going to be enough to make it worthwhile for an attorney to handle. The first issue was whether it was reasonable for you to rely on the representation that the vehicle would be delivered. Was this "the vehicle to be here" or "we hope the vehicle will be here" ? Did the dealer know that you would be selling your vehicle and maybe even buy the vehicle from you? Was the vehicle to be delivered really even a real vehicle or was this a "switch and bait" situation where the real goal was to not lose a customer and make a promise that they never intended to keep? You may want to go online to see if there are people such as you complaining about sales tactics that are being used. You may find that there are lots of people who are feeling used by the dealer and maybe a class action could be brought. I do not want to sound too theoretical, but, you obviously need to do a lot more homework. You may want to file a complaint with the SC Department of Consumer Affairs and see where that may lead. Finally, you can file a lawsuit in Magistrates or Small Claims Court. You do not have to have an attorney, but, you may lose because the dealer will likely hire an attorney to represent it. I hope this information helps you in deciding how to proceed.

Q. My mom died intestate and no creditors filed a claim, 4 yrs later a foreclosure was filed. Does the 1 yr bar apply?

December 20, 2022

A: If the creditor had a properly filed mortgage and money was still owed, the creditor can file a foreclosure action. If the foreclosure does not net enough to satisfy the amount owed, no deficiency can be claimed by the creditor. Be sure to have a lawyer look at the mortgage and the lawsuit to make sure that it is being done properly.

Q. Does a delinquent property tax sale go on your record as a foreclosure?

December 7, 2022

A: Which record are you referring to? I assume you are referring to property records. Of course, when the sale is completed, the property records will reflect that the property was sold and who the buyer was who purchased the property at tax sale. The credit report will reflect that the property was sold, was sold for failure to pay taxes, that you no longer own the property, and other relevant information. Of course, this will impact your credit report because you no longer have an asset and did not pay your property taxes when they were due.

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