• STATE OF SOUTH CAROLINA IN THE...

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF YORK C/A NO.: 2018-CP-46-02024 HSBC Bank USA, National Association as Trustee in trust for Citigroup Mortgage SUMMONS AND NOTICES Loan Trust Inc., Asset Backed Pass Through Certificates Series 2003-HE4, (Non-Jury) Plaintiff, v. Any heirs-at-law or devisees of Michael Grier, FORECLOSURE deceased, their heirs, Personal Representatives, OF REAL ESTATE Administrators, Successors and Assigns, and MORTGAGE 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, Defendant(s). 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. ยง 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 Michael Grier to American Equity Mtg of NC Inc. dated February 26, 2000 and recorded on March 1, 2000 in Book 3036 at Page 186, in the York 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 in the State of South Carolina, County of York, Catawba Township, being shown and designated as Lot 14 on map of portion of HARMONY HILL Subdivision, dated May 20, 1970, prepared by W. C. White, RLS, and recorded in Plat Book 36 at Page 270 which plat is craved for a more complete and accurate description. This being the identical property conveyed to Michael Grier by deed of Ford Consumer Finance Company, Inc., dated April 30, 1996 recorded May 6, 1996 in Deed Book 1518 at page 323. Thereafter a corrective deed was dated June 8, 1999 and recorded July 2, 1999 in Deed Book 2767 at Page 224 in the office of the Clerk of Court for York County, South Carolina. TMS No. 689-00-00-014 Property Address: 266 Harmony Hill Drive, Catawba, SC 29704 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 York County on July 12, 2018. 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 266 Harmony Hill Drive, Catawba, SC 29704; 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 Herald, a newspaper of general circulation published in the County of York, 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 3796156