STATE OF SOUTH CAROLINA COUNTY OF DILLON IN THE COURT OF COMMON PLEAS SUMMONS AND NOTICE OF FILING OF COMPLAINT AND NOTICE OF FORECLOSURE INTERVENTION (NON-JURY MORTGAGE FORECLOSURE) C/A NO: 2020-CP-17-00348

STATE OF SOUTH CAROLINA
COUNTY OF DILLON
IN THE COURT OF COMMON PLEAS
SUMMONS AND NOTICE OF FILING OF COMPLAINT AND NOTICE OF FORECLOSURE INTERVENTION (NON-JURY MORTGAGE FORECLOSURE)
C/A NO: 2020-CP-17-00348
Citibank, N.A., not in its individual capacity, but solely as Owner
Trustee of the New Residential Mortgage Loan Trust 2020-1,
PLAINTIFF,
vs.
Laura A. Sanders and if Laura A. Sanders be deceased then any
children and heirs at law to the Estate of Laura A. Sanders,
distributees and devisees at law to the Estate of Laura A. Sanders
and if any of the same be dead any and all persons entitled to claim
under or through them also all other persons unknown claiming any
right, title, interest or lien upon the real estate described in the
complaint herein; Any unknown adults, any unknown infants or persons
under a disability being a class designated as John Doe, and any
persons in the military service of the United States of America being
a class designated as Richard Roe; Johnnie Sanders; South Carolina
Department of Revenue
DEFENDANT(S)
DEFICIENCY WAIVED
TO THE DEFENDANTS, ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to answer the Complaint herein,
a copy of which is herewith served upon you, or otherwise appear and
defend, and to serve a copy of your Answer to said Complaint upon the
subscriber at his office, Hutchens Law Firm LLP P.O. Box 8237,
Columbia, SC 29202, within sixty (60) days after service hereof,
except as to the United States of America, which shall have ninety
(90) days, exclusive of the day of such service, and if you fail to
answer the Complaint within the time aforesaid, or otherwise appear
and defend, the Plaintiff in this action will apply to the Court for
the relief demanded therein, and 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 an Order of Reference
of this case to the Master in Equity for Dillon County, which Order
shall, pursuant to Rule 53 of the South Carolina Rules of Civil
Procedure, specifically provide that the said Master in Equity is
authorized and empowered to enter a final judgment in this case with
appeal only to the South Carolina Court of Appeals pursuant to Rule
203(d)(1) of the SCAR, effective June 1, 1999.
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 sixty (60) 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 the Plaintiff immediately and
separately and such application will be deemed absolute and total in
the absence of your application for such an appointment within sixty
(60) days after the service of the Summons and Complaint upon you.
YOU WILL ALSO TAKE NOTICE that should you fail to Answer the
foregoing Summons, the Plaintiff will move for an Order of Reference
of this case to the Master in Equity in/for this County, which Order
shall, pursuant to Rule 53 of the South Carolina Rules of Civil
Procedure, specifically provide that the said Master in Equity is
authorized and empowered to enter a final
judgment in this case with appeal only to the South Carolina Court of
Appeals pursuant to Rule 203(d)(1) of the SCAR, effective June 1, 1999.
NOTICE OF FILING OF SUMMONS AND COMPLAINT
TO THE DEFENDANTS ABOVE NAMED: YOU WILL PLEASE TAKE NOTICE that the
foregoing Summons, along with the Complaint, was filed with the Clerk
of Court for Dillon County, South Carolina, on September 8, 2020.
NOTICE OF FORECLOSURE INTERVENTION
PLEASE TAKE NOTICE THAT pursuant to the South Carolina Supreme Court
Administrative Order 2011-05-02-01, (hereinafter “Order”), you may
have a right to Foreclosure Intervention.
To be considered for any available Foreclosure Intervention, you may
communicate with and
otherwise deal with the Plaintiff through its law firm, Hutchens Law
Firm LLP, P.O. Box 8237, Columbia, SC 29202 or call 803-726-2700.
Hutchens Law Firm LLP, represents the Plaintiff in this action and
does not represent you. Under our ethical rules, we are prohibited
from giving you any legal advice.
You must submit any requests for Foreclosure Intervention
consideration within 60 days from the date of this Notice. IF YOU
FAIL, REFUSE, OR VOLUNTARILY ELECT NOT TO PARTICIPATE IN FORECLOSURE
INTERVENTION, YOUR MORTGAGE COMPANY/AGENT MAY PROCEED WITH A
FORECLOSURE ACTION. If you have already pursued loss mitigation with
the Plaintiff, this Notice does not guarantee the availability of
loss mitigation options or further review of your qualifications.
CERTIFICATION OF COMPLIANCE WITH THE CORONAVIRUS AID, RELIEF, AND
ECONOMIC SECURITY ACT
My name is: Ashley Z. Stanley
I am (check one) [ ] the Plaintiff or [ ] an authorized agent of the
Plaintiff in the foreclosure case described at the top of this page.
I am capable of making this certification. The facts stated in the
certification are within my personal knowledge and are true and correct.
1. Verification
Pursuant to the South Carolina Supreme Court Administrative Orders
2020-04-30-02 and 2020-05-06-01 and based upon the information
provided by the Plaintiff and/or its authorized servicer as
maintained in its case management/database records, the undersigned
makes the following certifications:
Plaintiff is seeking to foreclose upon the following property
commonly known as:
318 Blossom Court, Latta, SC 29565
Street Address & Unit No. (if any) City County State ZIP
I verify that this property and specifically the mortgage loan
subject to this action:
[X] is NOT a “Federally Backed Mortgage Loan” as defined by ß 4022(a)
(2) of the federal Coronavirus Aid, Relief, and Economic Security
(“CARES”) Act.
[ ] is a “Federally Backed Mortgage Loan” as defined by ß 4022(a)(2)
of the federal Coronavirus Aid, Relief, and Economic Security
(“CARES”) Act. Specifically, the foreclosure moratorium cited in
Section 4022(c)(2) of the CARES Act has expired as of May 18, 2020,
and the property and mortgage are not currently subject to a
forbearance plan as solely defined in Sections 4022(b) and (c) of the
CARES Act.
Please identify which database or the other information you have used
to determine that the property does not have a federally backed
mortgage loan or federally backed multifamily mortgage loan:
I hereby certify that I have reviewed the loan servicing records and
case management/data base records of the Plaintiff or its authorized
mortgage servicer, in either digital or printed form, and that this
mortgage loan is not currently subject to a forbearance plan as
solely defined in Sections 4022(b) and (c) of the CARES Act. Pursuant
thereto, I certify that the facts stated in this Certification are
within my personal knowledge, excepting those matters based upon my
information and belief as to the said loan servicing records and case
management/data base records of the Plaintiff or mortgage servicer,
and to those matters I believe them to be true. See, Rule 11(c),
SCRCP; BB&T of South Carolina v. Fleming, 360 S.C. 341, 601 S.E.2d
540 (2004).
2. Declaration:
I certify that the foregoing statements made by me are true and
correct. I am aware that if any of the foregoing statements made by
me are willfully false, I am subject to punishment by contempt.
NOTICE TO APPOINT ATTORNEY FOR DEFENANT(S) IN MILITARY SERVICE
TO UNKNOWN OR KNOWN DEFENDANTS THAT MAY BE IN THE MILITARY SERVICE OF
THE UNITED STATES OF AMERICA ALL BEING A CLASS DESIGNATED AS RICHARD
ROE: YOU ARE FURTHER SUMMONED AND NOTIFIED that Plaintiff’s attorney
has applied for the appointment of an attorney to represent you. If
you fail to apply for the appointment of an attorney to represent you
within sixty (60) days after the service of this Summons and Notice
upon you Plaintiff’s appointment will be made absolute with no
further action from Plaintiff. THIS IS A COMMUNICATION FROM A DEBT
COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as
stated below in the instance of bankruptcy protection. IF YOU ARE
UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED
AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU
PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND
IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO
COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU
PERSONALLY.