Summons and Notices: 2018-CP-20-00454

STATE OF SOUTH CAROLINA

COUNTY OF FAIRFIELD

IN THE COURT OF COMMON PLEAS

CASE NO.  2018-CP-20-00454

SUMMONS AND NOTICES

Wilmington Savings Fund Society, FSB, Not In Its Individual Capacity But Solely In Its Capacity As Owner Trustee Of Matawin Ventures Trust Series 2017-4,

PLAINTIFF,

VS.

Brenda Davis, as Personal Representative, individually, and as Heir or Devisee of the Estate of Beatrice Davis, Deceased; James Davis, individually; James Davis, individually, and as Heir or Devisee of the Estate of Beatrice Davis, Deceased; Carolyn Davis, individually, and as Heir or Devisee of the Estate of Beatrice Davis, Deceased; Charles A. Davis, Jr. a/k/a Charles A. Davis, individually, and as Heir or Devisee of the Estate of Beatrice Davis, Deceased; Wade A. Davis, individually, and as Heir or Devisee of the Estate of Beatrice Davis, Deceased; Wardell Davis, individually, and as Heir or Devisee of the Estate of Beatrice Davis, Deceased; Willie Davis, individually, and as Heir or Devisee of the Estate of Beatrice Davis, Deceased; Any Heirs-at-Law or Devisees of the Estate of Beatrice Davis, Deceased, their heirs or devisees, successors and assigns, and all other persons entitled to claim through them; all unknown persons with any right, title or interest in the real estate described herein; also any persons who may be in the military service of the United States of America, being a class designated as John Doe; and any unknown minors or persons under a disability being a class designated as Richard Roe,

DEFENDANT(S).

(181086.00011)

TO THE DEFENDANTS ABOVE-NAMED:

YOU ARE HEREBY SUMMONED and required to appear and defend by answering the Complaint in this action, of which a copy is herewith served upon you, and to serve a copy of your Answer on the subscribers at their offices, 2712 Middleburg Drive, Suite 200, Columbia, Post Office Box 2065, Columbia, South Carolina, 29202-2065, 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.

YOU WILL ALSO TAKE NOTICE that should you fail to Answer the foregoing Summons, the Plaintiff will move for a general Order of Reference of this cause to the Master-In-Equity or Special Referee for Fairfield County, which Order shall, pursuant to Rule 53 (e) of the South Carolina Rules of Civil Procedures, specifically provide that the said Master-In-Equity or Special Master is authorized and empowered to enter a final judgment in this cause.

TO MINOR(S) OVER FOURTEEN YEARS OF AGE AND/OR 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, Plaintiff will apply to have the appointment of the Guardian ad Litem Nisi, Anne Bell Fant, made absolute.

NOTICE TO THE DEFENDANTS:

YOU WILL PLEASE TAKE NOTICE that the Summons and Complaint, of which the foregoing is a copy of the Summons, were filed with the Clerk of Court for Fairfield County, South Carolina on December 21, 2018.

PLEASE TAKE NOTICE that the order appointing Anne Bell Fant, whose address is PO Box 796, Simpsonville, SC 29681, as Guardian Ad Litem Nisi for all persons whomsoever herein collectively designated as Richard Roe, defendants herein whose names and addresses are unknown, including any thereof who may be minors, incapacitated, or under other legal disability, whether residents or non-residents of South Carolina; for all named Defendants, addresses unknown, who may be infants, incapacitated, or under a legal disability; for any unknown heirs-at-law of Beatrice Davis, including their heirs, personal representatives, successors and assigns, and all other persons entitled to claim through them; and for all other unknown persons with any right, title, or interest in and to the real estate that is the subject of this foreclosure action, was filed in the Office of the Clerk of Court for Fairfield County on the 3rd day of January, 2019.

YOU WILL FURTHER TAKE NOTICE that unless the said Defendants, or someone in their behalf or in behalf of any of them, shall within thirty (30) days after service of notice of this order upon them by publication, exclusive of the day of such service, procure to be appointed for them, or any of them, a Guardian Ad Litem to represent them or any of them for the purposes of this action, the Plaintiff will apply for an order making the appointment of said Guardian Ad Litem Nisi absolute.

LIS PENDENS

NOTICE IS HEREBY GIVEN that an action has been commenced by the Plaintiff above named against the Defendant(s) above named for the foreclosure of a certain mortgage given by Beatrice Davis and James Davis to B&B Real Estate Investor, LLC, dated September 3, 2004, recorded September 22, 2004, in the office of the Clerk of Court/Register of Deeds for Fairfield County, in Book 672, at Page 102; thereafter, said Mortgage was assigned to ABC Companies, LLC by assignment instrument dated September 3, 2004 and recorded September 22, 2004 in Book 672 at Page 105; thereafter, assigned to Mortgage Electronic Registration Systems, Inc., its successors and assigns by assignment instrument dated September 3, 2004 and recorded November 22, 2004 in Book 683 at Page 235; thereafter, assigned to Blue Ocean V, LLC by assignment instrument dated August 9, 2012 and recorded September 17, 2012 in Book 1086 at Page 191; thereafter, assigned to ACRE Capital, LLC by assignment instrument dated August 13, 2012 and recorded February 4, 2013 in Book 1102 at Page 65; thereafter, assigned to National Home Investors by assignment instrument dated March 29, 2013 and recorded July 16, 2013 in Book 1121 at Page 138; thereafter, said Mortgage was assigned to Wilmington Savings Fund Society, FSB, Not In Its Individual Capacity But Solely In Its Capacity As Owner Trustee Of Matawin Ventures Trust Series 2017-4 by assignment instrument dated May 30, 2018 and recorded September 4, 2018 in Book 1336 at Page 164; however the assignment is invalid. Thereafter, said Mortgage was assigned to Wilmington Savings Fund Society, FSB, Not In Its Individual Capacity But Solely In Its Capacity As Owner Trustee Of Matawin Ventures Trust Series 2017-4 by assignment instrument dated October 9, 2018 and attached hereto as Exhibit “A”.

The description of the premises is as follows:

All that certain piece, parcel or lot of land, being and situate in the County of Fairfield, State of South Carolina, near Jenkinsville, containing 0.90 acres more or less, including a road right-of-way as shown on a plat prepared for Wade Gadson and Ida Gadson by Donald G. Platt, RLS, dated May 10, 1985. Reference is made to said plat for the following metes and bounds: Beginning at an (O) iron on the Southwest corner and running along a line designated N 56°14` W for a distance of 136.89 feet to a nail; thence along the centerline of highway S-20-419 and a line designated N 48°00` E for a distance of 316.56 feet to a nail; thence along a line designated as S 38°30` E for a distance of 133.94 feet to an (N) iron; thence along a line designated as S 48°17` W for a distance of 273.27 feet to the beginning. Said property is bounded, now or formerly, as follows: On the North by highway S-20-419; East by lands of Wade Gadson and Ida Gadson; South by lands of Rosalie Boyd; and West by lands of Mrs. H.G. Phillips. Be all measurements a little more or less.

This being the same property conveyed to Beatrice Davis and James E. Davis by Deed of B&B Real Estate Investors, LLC dated September 3, 2004 and recorded September 22, 2004 in Book 672 at Page 99 in the ROD Office for Fairfield County.  Subsequently, Beatrice Davis died intestate on or about May 26, 2014, leaving the subject property to her heirs, namely Brenda Davis, James Davis, Carolyn Davis, Charles A. Davis, Jr. a/k/a Charles A. Davis, Wade A. Davis, Wardell Davis, and Willie Davis, as shown in Probate Estate Matter Number 2014-ES-20-00143.

TMS No. 178-00-01-014-000

Property address:  103 Kennedy Road

Winnsboro, SC  29180

SCOTT AND CORLEY, P.A.

By: ____________________________

Ronald C. Scott ([email protected]), SC Bar #4996

Reginald P. Corley ([email protected]), SC Bar #69453

Angelia J. Grant ([email protected]), SC Bar #78334

Allison E. Heffernan ([email protected]), SC Bar #68530

Matthew E. Rupert ([email protected]), SC Bar #100740

Louise M. Johnson ([email protected]), SC Bar #16586

Tasha B. Thompson ([email protected]), SC Bar #76415

Guyton Murrell ([email protected]), SC Bar #64134

Craig T. Smith ([email protected]), SC Bar #102831

ATTORNEYS FOR THE PLAINTIFF

2712 Middleburg Drive, Suite 200

Columbia, SC 29204

803-252-3340

01/17/19, 01/24/19, 01/31/19