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. Foreclosure started in 2018 and last payment was June 2017.Still haven’t been to court as of May 2022.What is time limit

May 16, 2022

A: Before Covid, a case the Court would have struck this old. You need to check with the Clerk of Court to see if the case is still active. If you bring it to the attention of the Clerk of Court, the case may get struck. If the case is struck, that does not mean that the issue is over. The lender will bring a new action to foreclose on the property if the case is struck.

Q. Do we have any rights as a renter for what we considered false advertisement?

April 19, 2022

A: The short answer is probably yes. If a property is held out to you as including a dock, you have the right to be compensated if the amenity was not available to use. Of course, you will have to prove the difference in the value of the property with the amenity and without the amenity. You should contact the landlord and let him or her know of your dissatisfaction. They should be willing to pay you for the value of the lost amenity. This would likely not be the entire value of the rent, but, some portion of the rent. Hopefully, you will be able to reach a resolution with the owner short of a lawsuit.

Q. Can a homeowner file Chapt 7 the day before his home is auctioned off at the courthouse?

April 6, 2022

A: You have an interest in the property that went into effect upon your mother's death. You need to contact a bankruptcy attorney who can advise you what would be the best way to proceed. The laws of each state vary regarding what you need to do so the attorney you speak with should be knowledgeable in both bankruptcy and real property law. Based upon the laws of the state the property is in, your rights may be terminated by an actual sale. You really need to speak with someone before the sale. If you wait until after the sale, you may lose substantial rights.

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