generic Legal issues surround pending sale of Murdaugh family property 'Moselle,' homicide scene
Complicating issues arise surrounding a possible pending sale of the "Moselle" property owned by suspended South Carolina attorney Richard Alexander "Alex" Murdaugh, the vast, rural estate where two members of the Murdaugh family were gunned down in June 2021.
Just as the double homicides of Maggie and Paul Murdaugh at Moselle have left unanswered questions – the South Carolina Law Enforcement Division (SLED) has announced no suspects or arrests, and released few details – the future sale of this crime scene also raises questions.
The Moselle property, a 1,772-plus acre tract straddling Colleton and Hampton counties in the Lowcountry, was publicly posted for sale by the Crosby Land Company of Colleton County on its website Feb. 14, with an asking price of $3.9 million. Although the Murdaughs called their home Moselle, Crosby Land Company has it listed as "Cross Swamp Farm."
The property was put on the market by John Marvin Murdaugh, Alex Murdaugh's brother, who is the personal representative of Maggie's estate, say attorneys, and they are already getting calls from interested buyers.
But before any sale is finalized there are some legal complications and hurdles to overcome.
Who has to approve the sale?
Everything seems complicated about the cases involving Alex Murdaugh, who is currently facing 74 criminal charges and nine civil lawsuits related to a fatal 2019 boat crash involving his boat and his son, and a string of alleged financial crimes where more than $8 million was stolen. Murdaugh is accused of orchestrating a complex series of financial crimes and fraud that spanned a decade and several South Carolina counties.
Because of the multiple suits, and multiple victims, all of Murdaugh's properties and financial assets have been placed under the court-ordered control of two co-receivers, attorneys John T. Lay and Peter McCoy, to create a settlement account and hopefully ensure that these alleged victims are protected and can be made whole pending the outcome of these civil suits. That receivership was approved after an early legal battle was won by Allendale attorney Mark Tinsley.
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Tinsley is representing the family and estate of Mallory Beach, a Hampton County teen who died in a 2019 Beaufort County boat crash, as well two of the crash survivors, in a trio of lawsuits against Murdaugh.
"We are selling all of Alex Murdaugh's property," Tinsley told The Guardian. "I got the receivers appointed to protect all the victims, whether I represent them or not. But that doesn't mean that everyone is going to get money, because you can't get blood from a turnip, and we still don't know if Alex has been hiding money or where. But I told the judge, if you don't appoint a receiver, no one gets anything, because they are actively hiding it [the money and assets] or moving it."
In December 2016, Murdaugh transferred ownership of the Moselle estate to his wife, Maggie, said Tinsley, and following her death in 2021 ownership was transferred back to Murdaugh in her will, which is a matter of Probate Court. Because of that reason, as well as allegations that the Murdaugh mother knew about and condoned her son's underage drinking leading up to the boat crash, Tinsley has included the estates of the late Maggie and Paul Murdaugh in his most recent filings.
Because of these complicating factors, any sale of the Moselle property would likely have to be included by the Colleton County Probate Court, the co-receivers, and the presiding civil judge in those cases, said Tinsley.
Questions about the mortgage
Palmetto State Bank, which has become entangled in the Murdaugh crime saga after Murdaugh allegedly used one of their banks to conduct his illegal transactions, also holds roughly a $2 million mortgage lien on the property, said Tinsley.
However, Tinsley questions if that mortgage amount is accurate. The attorney stated that Murdaugh had several accounts at Palmetto State and would often make one large payment, which would then be paid on various balances for accounts secured by other estates. So there is some confusion over how and where Murdaugh's payments were applied, and toward what estate, said Tinsley.
"We [the receivers and I] have a dispute with the bank over how much money it is entitled to upon the sale of Moselle," he added.
Trouble with Trains: The crash – and lawsuit – that helped launch the Murdaugh dynasty
Lis pendens claims
As the number of civil suits against Murdaugh grew, Tinsley and attorneys for other alleged victims followed up their suits by filing lis pendens notices. A lis pendens is an official notice to the public that a lawsuit involving a claim on a property has been filed, and a judgement or settlement could involve either the title to the property or a claimed ownership interest in it.
This also puts further restrictions on the sale of any of Murdaugh's assets.
Columbia-based attorney, Eric Bland, who is also now representing several of Murdaugh's alleged victims, told The Guardian on Thursday that he has since withdrawn his lis pendens notices, but Tinsley says he is keeping his in place.
"The lis pendens gets filed because I am trying to keep Buster (Alex's older son) and Alex from pulling some shenanigans," said Tinsley. "We are trying to keep them from wasting the assets, or hiding the assets."
After alleged evidence surfaced that Murdaugh and his son, Richard "Buster" Murdaugh Jr., might be moving Murdaugh's assets around or spending them wastefully, Tinsley filed the injunction seeking the court-appointed receivership on Oct. 22, 2021. In that filing, he included a photo that he claimed depicted Buster and John Marvin Murdaugh gambling in a casino. He also included exhibits of evidence that showed bills of sale for other Murdaugh assets, including a boat and ownership in a hunting club.
Who wants to buy Moselle, and how much is it really worth?
Just as the criminal and civil cases surrounding Murdaugh have been complex and left unanswered questions, questions have arisen early in the actual process of listing and selling the Murdaugh estate.
Tinsley said that he was told the property was going to be listed for sale in January, but found out recently that it wasn't – after receiving a call from a potential buyer. After making more enquires, Tinsley learned that at least two other people had already made offers on Moselle, including one local person, even though the listing wasn't publicly posted until around midday on Monday..
Tinsley said he and his clients are wondering whether someone close to the case or the Murdaugh family, with access to inside information, may be trying to buy Moselle.
"It appears that there could be some impropriety, and those questions are going to have to be answered," said Tinsley.
To ensure the highest possible sale value, Tinsley is also questioning if the property has been properly assessed, including the timber value, and also questions if the listing shouldn't be shared nationally, instead of just locally in the Lowcountry region.
"We know this property is worth at least $3.7 million, but will someone pay more for that?" he said. "Is that estimate accurate? Should that property be advertised nationally? That's one of the things that we are insisting on."
More on the real estate listing
The listing from Crosby Land Company offers the following description of the property:
"Cross Swamp Farm is located in NW Colleton County and eastern Hampton County, bordering along the banks of the Salkehatchie River. This tract is comprised of approx. 1772 +/- acres of an unusually diverse habitat with varying forest types and age class distribution. The landscape includes productive pine plantations, open fallow fields, and mature stands of mixed pine/hardwood, those upland regions give way to the flat bottomland of the Salkehatchie River Basin. The property boasts over 2.5 miles of river frontage, offering freshwater fishing, kayaking, and abundant deer, turkey, and waterfowl populations. The river has vehicular accessibility for launching at several locations throughout the property and with 3 miles of improved roads; these areas are accessible 365 days of the year. To complement the natural amenities there are two man-made waterfowl impoundments capable of being planted with corn and flooded to attract wintering waterfowl. In addition, there is a 20-acre dove field complete with a dead wire and parameter fencing to minimize crop damage.
"Improvements include a well-appointed 5,275 sq. ft. custom-built home constructed in 2011; recent upgrades include a new metal roof, HardiePlank siding, and refinished heart pine flooring throughout. Originally built as a permanent residence with 4 bedrooms and 3.5 baths, this spacious floor plan could easily be converted into a weekend hunting lodge with the capability to sleep up to 15 people. Complete with commercial-grade appliances and a large game room, it is perfectly suited for entertaining large groups. In addition, there is a 1,140 sq. ft. guest cottage or caretaker's house for additional accommodations."
The property also includes an equipment shed with three open bays, an enclosed shop with concrete slab floor, a cleaning station equipped with two walk-in coolers, a 12-run dog kennel, a fully stocked fish pond, merchantable timber and a rifle shooting range.
This article originally appeared on Greenville News: Sale of Murdaugh family home complicated by lawsuits, criminal charges
