Summons: Longbridge Financial Llc VS Vivian Annette Kelly , defendant, et al

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                                STATE OF SOUTH CAROLINA                            IN THE COURT OF COMMON            PLEAS

COUNTY OF CHARLESTON                               C/A NO:

LONGBRIDGE FINANCIAL, LLC
                               Plaintiff,                    SUMMONS     AND NOTICES

vs.                                                                   (Non-Jury)

VIVIAN ANNETTE KELLY A/K/A ANNETTE                           FORECLOSURE OF REAL
W. KELLY A/K/A ANNETTE WHETSELL                                ESTATE MORTGAGE
KELLY; ANY HEIRS-AT-LAW, OR
DEVISEES OF WILLIAM A. KELLY, SR.,
DECEASED, THEIR HEIRS, PERSONAL
REPRESENTATIVES, ADMINISTRATORS,
SUCCESSOR AND ASSIGNS, AND ALL
OTHER PERSON 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
PERSON UNDER A DISABILITY BEING A
CLASS DESIGNATED AS RICHARD ROE;
PATRICIA RAMSEY; WILLIAM A. KELLY,
JR.; ANGELA M. KELLY A/K/A ANGELA
SCHLECHTA; TIMOTHY S. KELLY; UNITED
STATES OF AMERICA ACTING BY AND
THROUGH ITS AGENCY THE
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
                        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 Robertson, Anschutz, Schneid, Crane &




  ICANN                           HUAN ANA
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Partners, PLLC, 651 Brookfield Parkway, Suite 103, Greenville, SC 29607, 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 1oth 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,




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which motion is to be based upon the original Note and Mortgage herein and the Complaint

attached hereto.

                                           ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
                                           & PARTNERS, PLLC
                                           Attorney for Plaintiff
                                           651 Brookfield Parkway, Suite 103
                                           Greenville, SC 29607
                                           Telephone: (470) 321-7112
                                           Facsimile: (404) 393-1425

                                           By: _/S/Mary Powers_
                                           Genevieve Johnson, Esquire (S.C. Bar 78480)
                                           Michael Nourie, Esquire (S.C. Bar 104717)
                                           Elizabeth Brown, Esquire (S.C. Bar 68519)
                                           Mary R. Powers, Esquire (S.C. Bar 16534)
                                           Communication Email: giohnson@raslg.com
                                                                  mnourie@, sl 7.com
                                                                  elibrown@raslg.com
                                                                   mpowers@raslg.com


4 day of June, 2024




24-197823
STATE OF SOUTH CAROLINA                                IN THE COURT OF COMMON           PLEAS

COUNTY OF CHARLESTON                                   C/A NO:
                                                                     COMPLAINT
LONGBRIDGE FINANCIAL, LLC
                                          Plaintiff,                    (Non-Jury)

VS.                                                                  FORECLOSURE OF
                                                                 REAL ESTATE MORTGAGE
VIVIAN ANNETTE KELLY A/K/A
ANNETTE W. KELLY A/K/A ANNETTE
WHETSELL KELLY; ANY HEIRS-AT-LAW,
OR DEVISEES OF WILLIAM A. KELLY,
SR., DECEASED, THEIR HEIRS,
PERSONAL REPRESENTATIVES,
ADMINISTRATORS, SUCCESSOR AND
ASSIGNS, AND ALL OTHER PERSON
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 PERSON UNDER
A DISABILITY BEING A CLASS
DESIGNATED AS RICHARD ROE;
PATRICIA RAMSEY; WILLIAM A. KELLY,
JR.; ANGELA M. KELLY A/K/A ANGELA
SCHLECHTA; TIMOTHY S. KELLY;
UNITED STATES OF AMERICA ACTING
BY AND THROUGH ITS AGENCY THE
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
                            Defendant(s).




The Plaintiff above-named, complaining of the Defendant(s) herein, alleges that:

1     Plaintiff, LONGBRIDGE      FINANCIAL,      LLC, is a business entity duly authorized to conduct

      business in the State of South Carolina.




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2.   Upon information and belief, the Defendant(s), VIVIAN ANNETTE KELLY A/K/A

     ANNETTE W. KELLY A/K/A ANNETTE WHETSELL KELLY; ANY HEIRS-AT-LAW,

     OR DEVISEES OF WILLIAM A. KELLY, SR., DECEASED, THEIR HEIRS, PERSONAL

     REPRESENTATIVES, ADMINISTRATORS,                   SUCCESSOR AND ASSIGNS, AND ALL

     OTHER PERSON 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 PERSON UNDER A               DISABILITY

     BEING A CLASS DESIGNATED AS RICHARD ROE; PATRICIA RAMSEY; WILLIAM

     A. KELLY, JR.; ANGELA M. KELLY A/K/A ANGELA SCHLECHTA; TIMOTHY                                 S.

     KELLY; UNITED STATES OF AMERICA ACTING BY AND THROUGH                              ITS AGENCY

     THE DEPARTMENT          OF HOUSING AND URBAN DEVELOPMENT, may claim some

     interest in the real estate, which is the subject of this action and this Court has proper

     jurisdiction over said Defendants.

     The real property hereinafter described, that is the subject of this action, is situated and

     located in the County of Charleston, State of South Carolina, and this Court has proper

     jurisdiction over the subject matter and the parties of this action.

     Heretofore, WILLIAM      A. KELLY,    SR. (hereinafter, "Borrower(s)") made, executed, and

     delivered to TOWNEBANK         MORTGAGE (hereinafter, "Lender") a certain Adjustable Note

     dated May 16, 2018, in writing (hereinafter, "Note"), wherein and whereby WILLIAM A.

     KELLY, SR. promised to repay to TOWNEBANK              MORTGAGE,       up to the maximum

     principal sum of $363,000.00, equal to the sum of all advances made under the Note together




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with a variable rate of interest per annum on the unpaid balance; said principal and interest

   being payable upon the occurrence of default as defined by the Note or maturity.

   In order to secure the payment of said Note, the said WILLIAM A. KELLY, SR. AND

   VIVIAN ANNETTE KELLY A/K/A ANNETTE W. KELLY A/K/A ANNETTE

   WHETSELL KELLY (hereinafter, "Mortgagor(s)"), did make, execute, and deliver to

   MORTGAGE       ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS

   NOMINEE     FOR TOWNEBANK             MORTGAGE,    its successors and assigns, a certain

   mortgage dated May 16, 2018 (hereinafter, "Mortgage") securing the below described real

   property, including any and all improvements to the property, located in the County and State

   aforesaid (hereinafter, Property"):

   ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, SITUATE, LYING
   AND BEING IN THE CITY OF CHARLESTON, CHARLESTON COUNTY, SC,
   AND KNOWN AND DESIGNATED AS LOT 57, PARK PLACE SUBDIVISION,
   PHASE II, PREPARED BY CLARENCE S. MATTHEWS, RLS DATED NOVEMBER
   2, 1987 AND WHICH PLAT WAS DULY RECORDED IN THE RMC OFFICE FOR
   CHARLESTON COUNTY IN PLAT BOOK BP AT PAGE 122, SAID LOT HAVING
   SUCH SIZE, SHAPE, DIMENSIONS, BUTTINGS AND BOUNDINGS AS SHOWN
   ON SAID PLAT, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE
   COMPLETE DESCRIPTION.

   BEING THE IDENTICAL PROPERTY                 CONVEYED       TO WILLIAM A. KELLY, SR.
   AND ANNETTE W. KELLY BY DEED OF JAMES M. CHAPMAN AND BELINDA
   M. CHAPMAN BY DEED RECORDED NOVEMBER 2, 1993 IN BOOK B234 AT
   PAGE 626. SUBSEQUENTLY, WILLIAM A. KELLY, SR. AND VIVIAN ANNETTE
   KELLY A/K/A ANNETTE W. KELLY CONVEYED THE SUBJECT PROPERTY TO
   WILLIAM A. KELLY, SR. AND VIVIAN ANNETTE KELLY BY DEED
   RECORDED ON APRIL 6, 2015, IN BOOK 0467 AT PAGE 400, IN THE ROD
   OFFICE FOR CHARLESTON COUNTY, SOUTH CAROLINA. SUBSEQUENTLY,
   WILLIAM A KELLY, SR. PASSED AWAY, LEAVING THEIR INTEREST IN THE
   SUBJECT PROPERTY TO THEIR HEIRS, NAMELY VIVIAN ANNETTE KELLY
   AKA ANNETTE WHETSELL KELLY, PATRICIA RAMSEY, WILLIAM A.
   KELLY, JR., ANGELA M. KELLY A/K/A ANGELA SCHLECHTA, AND TIMOTHY
   S. KELLY.




24-197823
TMS No. 3101300017
     Property Address: 2355 PARKSTONE DRIVE, CHARLESTON,                   SC 29414

     Said Mortgage was recorded on May 22, 2018 in Book 0720 at Page 421, in the Charleston

     County Registry.

     Thereafter, the Mortgage was assigned to LONGBRIDGE FINANCIAL LLC by assignment

     recorded on March 23, 2021, in Book 0973 at Page 723.

     The Mortgage evidences and secures the repayment of money advanced by the Lender to, or

     on behalf of, the Mortgagor(s) and constitutes a valid first lien on the Property.

     On or about October 10, 2019, WILLIAM        A. KELLY,    SR. died and an estate case has been

     filed under estate case number 2019ES 1002176.

10. Any notice required by the terms of the Mortgage or by State or Federal law has been given

     to the applicable defendant(s) prior to the commencement of this action.

11   The Plaintiff herein is entitled to enforce said Note and has the right to foreclose by virtue of

     the Plaintiffs status as holder of the instrument, a nonholder in possession of the instrument

     who has the rights of a holder, or person not in possession of the instrument who is entitled to

     enforce the instrument pursuant to S.C. Code Ann. §§ 36-3-309 or 36-3-418(d) (2008).

12. This Mortgage is a "Home Equity Conversion” mortgage a/k/a reverse mortgages, therefore

     in and by the terms of said Note and the Mortgage securing the same, it is provided, among

     other things, that upon death of a Borrower, or if any of the conditions and requirements in

     the Mortgage securing the same not be complied with, then the whole principal sum and

     accrued interest shall at the option of the legal holder thereof become at once due and payable

     without notice, and collectible by foreclosure.

13   Grounds for acceleration exist because at the time of death, WILLIAM       A. KELLY,    SR. was

     the sole owner of the property by virtue of a deed recorded May 22, 2018 in Book 0720 at




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Page 421, in the Charleston County Registry. The subject property is not the principal

     residence of any surviving borrower.

14 In and by the terms of the said Note it is further provided that the maker thereof shall pay all

     collection costs including reasonable attorneys' fees if the said Note be placed in the hands of

     an attorney for collection after default.

15   The Plaintiff, as holder of the said Note and Mortgage, has and does hereby elect to declare

     the entire balance of said principal and interest due and payable at once; that there is now due

     and owing and unpaid upon the said Note and Mortgage the full and just principal sum of

     $122,886.73, together with interest at a variable rate of interest per annum, together with

     other advances, together with reasonable attorneys' fees for the collection thereof and the

     costs of this action. Plaintiff may be forced to pay sums for taxes, insurance and costs for

     securing the property, which sums, according to the terms of the Mortgage, should be added

     to the amount of the debt.

16. In connection with the execution of Plaintiff's Home Equity Conversion Mortgage (aka

     Reverse Mortgage), the Borrower(s)/Mortgagor(s) executed a Second Note and Second

     Mortgage payable to the Secretary of Housing and Urban Development. The Second

     Mortgage was recorded on May 22, 2018 in Book 0720 at Page 427. The Second Note and

     Second Mortgage are designed to secure payments made by the Secretary on behalf
                                                                                  of the

     Borrower(s). In the event of a completed foreclosure by the First Note and First Mortgage,

     the Second Mortgage shall be released and/or satisfied of record collectible by foreclosure.

17 Upon information and belief, said information having been obtained from the records of

     Charleston County, South Carolina, the Defendant(s) below named has/have or may claim to

     have some interest in or lien upon the Property by virtue of the matters and things herein

     below alleged, to-wit:




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A.   The Defendants, PATRICIA RAMSET, WILLIAM A. KELLY, JR., ANGELA M.
          KELLY A/K/A ANGELA SCHLECHTA and TIMOTHY S. KELLY, have or may claim
          to have some interest in the Property by virtue of being HEIRS. Any interest that this
          Defendant would have received in the subject property would have been "subject to"
          Plaintiff's Mortgage and this interest would be eliminated through a properly completed
          foreclosure sale.

          The Defendant, ANY HEIRS-AT-LAW OR DEVISEES OF WILLIAM A. KELLY, SR.,
          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 JOHN DOE;
          AND ANY UNKNOWN MINORS, INCOMPETENT OR IMPRISONED PERSON, OR
          PERSONS UNDER A DISABILITY BEING A CLASS DESIGNATED AS RICHARD
          ROE, has or may claim to have some interest in the Property by virtue of being an
          UNKNOWN HEIR. Any interest that this Defendant has in the Property would be
          "subject to" Plaintiffs Mortgage and this interest would be eliminated through a properly
          completed foreclosure sale.

WHEREFORE, Plaintiff
               prays judgment that:

A         The amount due upon the said Note and Mortgage held by the Plaintiff be ascertained and

determined under the direction of this Court, together with attorney's fees and costs of this action.

B         Appoint   a Receiver   to collect the rents,   issue, profits or designated   sums   from   the

mortgagor(s), and/or the grantee(s) of the mortgagor(s), and/or tenant(s) occupying or exercising

control over the mortgaged premises and hold the same subject to the further order of this Court.

Cc        Plaintiffs Mortgage    be declared a valid first lien and that Plaintiff have judgment       of

foreclosure for the amount so found to be due and owing thereon, together with any taxes or

insurance premiums which may be due or which may be or have been paid by Plaintiff, together

with attorney's fees and for the costs ofthis action.

D.        The Property be sold according to law and the practice of this Court, the equity of

redemption be barred and that the proceeds of sale be applied as follows:

     .    First, to the costs and expenses of the within action and said sale;




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Second, to the payment and discharge of the amount due on Plaintiff's note and

       Mortgage, together with attorney's fees as aforesaid; and

       Third, the surplus, if any, be distributed according to law.

       For such other and further reliefas may be just and proper.



FURTHER, in the event the successful bidder (at the time of this foreclosure sale) is other than

the Defendant(s) in possession herein, the Sheriff of Charleston County will be ordered and

directed to eject and remove from the premises the occupants of the property sold, together with

all personal property located therein, and put the successful bidder or his assigns in full, quiet

and peaceable possession of said Property without delay, and to keep the successful bidder or

his assigns in such peaceable possession.




                                              ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
                                              & PARTNERS, PLLC
                                              Attorney for Plaintiff
                                              651 Brookfield Parkway, Suite 103
                                              Greenville, SC 29607
                                              Telephone: (470) 321-7112
                                              Facsimile: (404) 393-1425

                                              By: _/S/Mary Powers_
                                              Genevieve Johnson, Esquire (S.C. Bar 78480)
                                              Michael Nourie, Esquire (S.C. Bar 104717)
                                              Elizabeth Brown, Esquire (S.C. Bar 68519)
                                              Mary R. Powers, Esquire (S.C. Bar 16534)
                                              Communication Email: giohnson@raslg.com
                                                                     mnourie@, slg.com
                                                                     elibrown@raslg.cor
                                                                      mpowers@raslg.com


4 day of June, 2024




24-197823