Wells Fargo v. Manning

STATE OF SOUTH CAROLINA
COUNTY OF FAIRFIELD
IN THE COURT OF COMMON PLEAS
C/A NO.: 2019-CP-20-00152

Wells Fargo Bank, N.A.,
Plaintiff,
v.
Charlene R. Manning a/k/a Charlene Manning; Irene Turner; Any heirs-at-law or devisees of Willie Henry, deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons or entities entitled to claim through them; all unknown persons or entities with any right, title, estate, interest in or lien upon the real estate described in the complaint herein; also any persons who may be in the military service of the United States of America, being a class designated as Richard Roe; and any unknown minors, incompetent or imprisoned person, or persons under a disability being a class designated as John Doe; Willie E. Henry Jr.; Down To Earth General Contractor LLC a/k/a Down To Earth General Contractor LL; South Carolina State Housing Finance and Development Authority,
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 Charlene R. Manning to Wachovia Bank, National Association dated October 18, 2007 and recorded on November 1, 2007 in Book 875 at Page 11, 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 lying, being and situate on Boag Branch, in the Town of Winnsboro, in the County of Fairfield, in the State of South Carolina, containing seventy seven one hundredths (.77) of an acres, more or less, represented by a plat made by B.F. Barber and Associates, dated 01/21/1955, bounded north by lands of Jim Ford and measuring thereon one hundred forty two (142) feet; on the east by lands now or formerly of M.M. Stewart and measuring thereon two hundred thirty six (236’) feel south by Boag Branch and measuring thereon 145.3 feet; west by lot of John Brown and measuring thereon 236.4 feet, all of which will more fully appear by reference to said plat recorded in Book “7” at page 16 in the Office of the ROD for Fairfield County, said plat being erroneously dated 01/2/1955, said parcel of land was actually surveyed 01/21/1986 and the surveyor made an error in dating the plat.
This being the same property conveyed unto Charlene Manning by Deed of Willie Henry a/k/a Willie Henry, Sr. dated August 24, 2007 and recorded September 7, 2007 in Deed Book 866 at Page 61 in the Office of the Clerk of Court for Fairfield County, South Carolina. Thereafter, Charlene Manning conveyed her interest in subject property to Irene Turner by deed dated and recorded September 9, 2011 in Deed Book 1043 at Page 142 in aforesaid records.

TMS No. 126-01-20-021-000

Property Address: 201 Manigult Street, 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 April 12, 2019. A Notice of Foreclosure Intervention was also filed in the Clerk of Court’s Office.

ORDER APPOINTING GUARDIAN AD LITEM AND APPOINTMENT OF ATTORNEY
It appearing to the satisfaction of the Court, upon reading the filed Petition for Appointment of Kelley Woody, Esquire as Guardian ad Litem for unknown minors, and persons who may be under a disability, and it appearing that Kelley Woody, Esquire has consented to said appointment.
FURTHER upon reading the filed Petition for Appointment of Kelley Woody, Esquire as Attorney for any unknown Defendants who may be in the Military Service of the United States of America, and may be, as such, entitled to the benefits of the Servicemember’s Civil Relief Act, and any amendments thereto, and it appearing that Kelley Woody, Esquire has consented to act for and represent said Defendants, it is
ORDERED that Kelley Woody, P.O. Box 6432, Columbia, SC 29260 phone (803) 787-9678, be and hereby is appointed Guardian ad Litem on behalf of all unknown minors and all unknown persons who may be under a disability, all of whom may have or claim to have some interest or claim to the real property commonly known as 201 Manigult Street, Winnsboro, SC 29180; that he is empowered and directed to appear on behalf of and represent said Defendants, unless said Defendants, or someone on their behalf, shall within thirty (30) days after service of a copy hereof as directed, procure the appointment of Guardian or Guardians ad Litem for said Defendants.
AND IT IS FURTHER ORDERED that Kelley Woody, P.O. Box 6432, Columbia, SC 29260 phone (803) 787-9678, be and hereby is appointed Attorney for any unknown Defendants who are, or may be, in the Military Service of the United States of America and as such are entitled to the benefits of the Servicemember’s Civil Relief Act aka Soldiers’ and Sailors’ Civil Relief Act of 1940, and any amendments thereto, to represent and protect the interest of said Defendants,
AND IT IS FURTHER ORDERED
That a copy of this Order shall be forth with served upon said Defendants by publication in The Independent Voice, a newspaper of general circulation published in the County of Fairfield, State of South Carolina, once a week for three (3) consecutive weeks, together with the Summons and Notice of Filing of Complaint in the above entitled action.

Brock & Scott, PLLC
3800 Fernandina Road, Suite 110
Columbia, SC 29210
Phone 844-856-6646 Fax 803-454-3451
Attorneys for Plaintiff
7/18/19, 7/25/19, 8/1/19