STATE OF SOUTH CAROLINA,COUNTY OF FAIRFIELD IN THE COURT OF COMMON PLEAS, C/A #:2016-CP-20-00394

STATE OF SOUTH CAROLINA

 

COUNTY OF FAIRFIELD

IN THE COURT OF COMMON PLEAS

 

C/A NO.: 2016-CP-20-00394

Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2007-1 NovaStar Home Equity Loan Asset-Backed Certificates, Series 2007-1,

 

Plaintiff,

 

vs.

 

Bryan Bethea,

Defendant(s).

 

 

 

 

SUMMONS AND NOTICES

 

(Non-Jury)

 

FORECLOSURE

OF REAL ESTATE

MORTGAGE

 

 

TO THE DEFENDANT(S) ABOVE NAMED:

YOU ARE HEREBY SUMMONED and required to appear and defend by answering the Complaint in this action, a copy of which is hereby served upon you, and to serve a copy of your Answer on the subscribers at their offices at 3800 Fernandina Road, Suite 110, Columbia, SC 29210, within thirty (30) days after the service hereof, exclusive of the day of such service; except that the United States of America, if named, shall have sixty (60) days to answer after the service hereof, exclusive of the day of such service; and if you fail to do so, judgment by default will be rendered against you for the relief demanded in the Complaint.

TO MINOR(S) OVER FOURTEEN YEARS OF AGE, AND/OR TO MINOR(S) UNDER FOURTEEN YEARS OF AGE AND THE PERSON WITH WHOM THE MINOR(S) RESIDES, AND/OR TO PERSONS UNDER SOME LEGAL DISABILITY:

YOU ARE FURTHER SUMMONED AND NOTIFIED to apply for the appointment of a guardian ad litem within thirty (30) days after the service of this Summons and Notice upon you.  If you fail to do so, application for such appointment will be made by Attorney for Plaintiff.

YOU WILL ALSO TAKE NOTICE that Plaintiff will move for an Order of Reference or the Court may issue a general Order of Reference of this action to a Master-in-Equity/Special Referee, pursuant to Rule 53 of the South Carolina Rules of Civil Procedure.

YOU WILL ALSO TAKE NOTICE that under the provisions of S.C. Code Ann. § 29-3-100, effective June 16, 1993, any collateral assignment of rents contained in the referenced Mortgage is perfected and Attorney for Plaintiff hereby gives notice that all rents shall be payable directly to it by delivery to its undersigned attorneys from the date of default. In the alternative, Plaintiff will move before a judge of this Circuit on the 10th day after service hereof, or as soon thereafter as counsel may be heard, for an Order enforcing the assignment of rents, if any, and compelling payment of all rents covered by such assignment directly to the Plaintiff, which motion is to be based upon the original Note and Mortgage herein and the Complaint attached hereto.

 

LIS PENDENS

 

NOTICE IS HEREBY GIVEN THAT an action has been or will be commenced in this Court upon complaint of the above-named Plaintiff against the above-named Defendant(s) for the foreclosure of a certain mortgage of real estate given by Bryan Bethea to Mortgage Electronic Registration Systems, Inc. as nominee for EMMCO, LLC dated December 19, 2006 and recorded on December 29, 2006 in Book 820 at Page 86, in the Fairfield County Registry (hereinafter, “Mortgage”). Thereafter, the Mortgage was transferred to the Plaintiff herein by assignment and/or corporate merger.

The premises covered and affected by the said Mortgage and by the foreclosure thereof were, at the time of the making thereof and at the time of the filing of this notice, more particularly described in the said Mortgage and are more commonly described as:

All that certain piece, parcel or lot of land, together with any improvements thereon, situate, lying and being on the southeastern side of road S-20-21, in the County of Fairfield, State of South Carolina, being shown and delineated as a Proposed Plot Plan prepared for Willie Belton, dated October 23, 1980, prepared by Elmer L. Driggers, R.L.S., to be filed for, record and having the following boundaries and measurements, to wit: on the northeast by property, now or formerly, of Bell, and measuring thereon 190 feet; on the southeast by property, now or formerly, of McCants, and measuring thereon 120 feet; on the southwest by property, now or formerly, of Robert Henry, and measuring thereon 190 feet and on the northwest by the center line of road S-20-21, and measuring thereon 120 feet, be all of said measurements a little more or less.

For informational purposes, said plat described above being dated October 23, 1980 was recorded April 11, 1981 in Book GR, Page 77 in the Records for Fairfield County, South Carolina.

This being the same property conveyed to Bryan Bethea by Deed of Wallace C. Ford, dated October 1, 2003, and recorded December 23, 2003, in Deed Book 626 at Page 306, in the Office of the Register of Deeds for Fairfield County, South Carolina.

 

TMS No. 127-00-01-122-000

 

Property Address: 2316 Old Camden Road, Winnsboro, SC 29180

 

NOTICE OF FILING COMPLAINT

 

TO THE DEFENDANTS ABOVE NAMED:

 

YOU WILL PLEASE TAKE NOTICE that the original Complaint, Cover Sheet for Civil Actions and Certificate of Exemption from ADR in the above entitled action was filed in the Office of the Clerk of Court for Fairfield County on November 3, 2016.

 

Bradford M. Stokes, SC Bar No. 78032

Brock & Scott, PLLC 3800 Fernandina Road, Suite 110 Columbia, SC 29210 Phone 844-856-6646 Fax 803-454-3451 Attorneys for Plaintiff