• SUMMONS, NOTICES & LIS PENDENS

STATE OF SOUTH CAROLINA - COUNTY OF CHARLESTON - IN THE COURT OF COMMON PLEAS - CASE NO. 2018-CP-10-05827 - - U.S. Bank Trust, N.A., as Trustee for LSF10 Master Participation Trust, - PLAINTIFF, - VS. - Linda Wright a/k/a Linda Bacote a/k/a Linda B. Bacote a/k/a Linda Brown Bacote a/k/a Linda Brown Wright, Individually; Linda Wright a/k/a Linda Bacote a/k/a Linda B. Bacote a/k/a Linda Brown Bacote a/k/a Linda Brown Wright, as Personal Representative, Individually and as Heir or Devisee of the Estate of Harvey Wright a/k/a Harvey Wright, Sr., Deceased; Harvey Rontel Wright, Individually as Heir or Devisee of the Estate of Harvey Wright a/k/a Harvey Wright, Sr., Deceased; Lasaine Johnson a/k/a Lasaine W. Johnson a/k/a Lasaine Wright Johnson, Individually as Heir or Devisee of the Estate of Harvey Wright a/k/a Harvey Wright, Sr., Deceased; and any Heirs-at-Law or Devisees of Harvey Wright, Sr. a/k/a Harvey Wright, 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; and South Carolina Department of Revenue, - DEFENDANT(S). - - SUMMONS AND NOTICES - (181121.00142) - - 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 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 December 10, 2018. - 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 Harvey Wright a/k/a Harvey Wright, Sr., 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 27th day of December, 2018. - 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 Harvey Wright, Sr. a/k/a Harvey Wright and Linda Wright to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc., dated January 14, 2003, recorded February 7, 2003, in the office of the Clerk of Court/Register of Deeds for Charleston County, in Book B436, at Page 334; thereafter, said Mortgage was assigned to Green Tree Servicing LLC by assignment instrument dated February 13, 2015 and recorded February 24, 2015 in Book 0458 at Page 805. Thereafter, by virtue of a corporate merger, Green Tree Servicing LLC merged into Ditech Financial LLC with Ditech Financial LLC being the surviving entity; thereafter, assigned to U.S. Bank Trust, N.A., as Trustee for LSF10 Master Participation Trust by assignment instrument dated November 2, 2018 and recorded November 8, 2018 in Book 0759 at Page 244. - - The description of the premises is as follows: - All that lot, piece, parcel or tract of land situate, lying and being in Charleston County, South Carolina, and known as Tract C-2 (0.63 Acre) on a plat of a subdivision of property owned by Ida W. Hudson as shown on a plat entitled PLAT OF SUBDIVISION OWNED BY ELIJAH WRIGHT AND LOCATED IN ST. JAMES - SANTEE PARISH, Charleston County, S.C. dated March 11, 1977 and recorded in the R.M.C. Office for Charleston County in Book AH at Page 28. Said Tract C-2 having such size, shape, dimensions, buttings and boundings as more particularly delineated on said plat, reference to which is hereby craved. - - Also included herewith: 1996 General Commander Manufactured Home 28' x 80', Serial #GMHGA1129610392A/B. - - This being the same property conveyed unto Harvey Wright and Linda Wright by virtue of a Deed from Elijah Wright dated December 11, 1996 and recorded December 20, 1996 in Book Z277 at Page 260 in the Office of the Register of Deeds of Charleston County, South Carolina. Subsequently, Harvey Wright, Sr. a/k/a Harvey Wright died intestate on or about April 6, 2008, leaving the subject property to his/her heirs, namely Linda Bacote, Harvey Rontel Wright and Lasaine Johnson, as shown in Probate Estate Matter Number 2014-ES-10-0383. - - TMS No. 622-00-00-019 - Property address: - 5373 Halfway Creek Road - Huger, SC 29450 - - The Plaintiff is informed and believes that the Mortgage identified herein and given to the Plaintiff, which is the subject of this foreclosure action, contains a provision wherein it created and granted a security interest in favor of the Plaintiff in the following collateral: - - One 1996 General Commander mobile/manufactured home, Serial No. GMHGA1129610392A&B, including any fixtures. - - The Plaintiff is also informed and believes that the Defendant is presently in possession of the mobile/manufactured home and the Plaintiff is informed and believes it is entitled to possession and ownership of the mobile/manufactured home as a permanent fixture and/or improvement under the real estate mortgage of the Plaintiff as herein identified and the applicable common and statutory laws of South Carolina. - - 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 - Allison E. Heffernan (allisonh@scottandcorley.com), SC Bar #68530 - Matthew E. Rupert (matthewr@scottandcorley.com), SC Bar #100740 - Louise M. Johnson (ceasiej@scottandcorley.com), SC Bar #16586 - Tasha B. Thompson (tashat@scottandcorley.com), SC Bar #76415 - H. Guyton Murrell (guytonm@scottandcorley.com), SC Bar #64134 - Craig T. Smith (craigs@scottandcorley.com), SC Bar #102831 - ATTORNEYS FOR THE PLAINTIFF - 2712 Middleburg Drive, Suite 200 - Columbia, SC 29204 - 803-252-3340
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PostedJanuary 09, 2019