STATE OF SOUTH CAROLINA - COUNTY OF CHARLESTON - IN THE COURT OF COMMON PLEAS - CASE NO. 2017-CP-10-04832 - - Federal National Mortgage Association (Fannie Mae), - PLAINTIFF, - VS. - David Simmons, Jr. a/k/a David Simmons; and Any Heirs-at-Law or Devisees of the Estate of Thelma Simmons, 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). - - SUMMONS AND NOTICES - (171083.00236) - - TO THE DEFENDANT(S) 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 Charleston 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, Kelley Yarborough Woody, 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 Charleston County, South Carolina on September 22, 2017. - PLEASE TAKE NOTICE that the order appointing Kelley Yarborough Woody, whose address is PO Box 6432, Columbia, SC 29260, 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 Thelma Simmons, 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 Charleston County on the 18th day of October, 2017. - 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. - - AMENDED LIS PENDENS - - NOTICE IS HEREBY GIVEN that an action has been commenced by the Plaintiff above named against the Defendants above named for the foreclosure of a certain mortgage given by David Simmons, Jr. and Thelma Simmons to Mortgage Electronic Registration Systems, Inc. as nominee for IndyMac Bank, F.S.B., dated July 12, 2007, recorded August 1, 2007, in the office of the Clerk of Court/Register of Deeds for Charleston County, in Book H634, at Page 368; thereafter, said Mortgage was assigned to Ocwen Loan Servicing, LLC by assignment instrument dated November 8, 2013 and recorded November 19, 2013 in Book 0374 at Page 271; thereafter, assigned to Federal National Mortgage Association by assignment instrument dated August 14, 2015 and recorded August 20, 2015 in Book 0498 at Page 947. The Note and Mortgage were subsequently modified by a Loan Modification Agreement dated December 15, 2008, by a Loan Modification Agreement dated January 5, 2012, by a Loan Modification Agreement dated April 17, 2015, and by a Loan Modification Agreement dated February 17, 2017. - - The description of the premises is as follows: - All that lot, piece and parcel of land with buildings and improvements thereon situate, lying and being on the South side of Poplar Street in the City of Charleston, County of Charleston, State of South Carolina, known and designated as Lot 58 on a plat of 92 lots laid out for Carolina-Florida Realty Company, which plat is recorded in the RMC Office for Charleston County in Plat Book C, at Page 128. - - The said lot measuring and containing in front on Poplar Street Thirty-Five (35`) feet, on the back line Thirty-Four and Ninety-Three One Hundredths (34.93`) feet, in depths on the West side One Hundred Six and Twenty-Eight Hundredths (106.28`) feet, and on the East side One Hundred Four and Twenty-Six Hundredths (104.26`) feet. - - Butting and bounding to the North on Poplar Street, to the East on Lot 60, to the South on Lot 57, and to the West on Lot 56, all as shown on said plat. - - This being the same property conveyed to David Simmons, Jr. and Thelma Simmons by deed of Robin Jackson, dated May 18, 1994 and recorded May 31, 1994 in Book P243 at Page 829 in the Office of the Register of Mesne Conveyance for Charleston County. - - TMS No. 4631203135 - Property address: - 15 Poplar St - Charleston, SC 29403 - SCOTT AND CORLEY, P.A. - By: Ronald C. Scott (rons@scottandcorley.com), SC Bar #4996 - Reginald P. Corley (reggiec@scottandcorley.com), SC Bar #69453 - Angelia J. Grant (angig@scottandcorley.com), SC Bar #78334 - Jessica S. Corley (jessicac@scottandcorley.com), SC Bar #80470 - Allison E. Heffernan (allisonh@scottandcorley.com), SC Bar #68530 - Matthew E. Rupert (matthewr@scottandcorley.com), SC Bar #100740 - William P. Stork (williams@scottandcorley.com), SC Bar #100242 - Louise M. Johnson (ceasiej@scottandcorley.com), SC Bar #16586 - Tasha B. Thompson (tashat@scottandcorley.com), SC Bar #76415 - - ATTORNEYS FOR THE PLAINTIFF - 2712 Middleburg Drive, Suite 200 - Columbia, SC 29204 - 803-252-3340
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PostedDecember 06, 2017