STATE OF SOUTH CAROLINA
COUNTY OF YORK
IN THE COURT OF COMMON PLEAS
C/A NO: 2024CP4602728
SUMMONS AND NOTICES
(Non-Jury)
FORECLOSURE
OF REAL ESTATE
MORTGAGE
TOWD POINT MORTGAGE TRUST 2017-1, U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE, Plaintiff,
v.
ANY HEIRS-AT-LAW OR DEVISEES OF MARILYN L. GILMORE, 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; LAKISHA MARLENA SMITH; LAKISHA MARLENA SMITH, PERSONAL REPRESENTATIVE OF THE ESTATE OF ALICE R. SMITH AKA LO ALICE SMITH; JOHN R. GILMORE; CHICO J. GILMORE; MELODY D. GILMORE; IESHA Y. GILMORE; DEMETRIA GORDON; EZRA GORE; JACQUELINE Y. PAGE; JAMES CHRIS SMITH; AVERY SMITH; REPUBLIC FINANCE LLC, Defendant(s).
TO THE DEFENDANT(S) ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to appear and defend by answering the Complaint in this foreclosure action on property located at 2225 OLD MCKINNEY RD YORK, SC 29745 being designated in the County tax records as TMS# 4560000044, of which a copy is herewith served upon you, and to serve a copy of your Answer on the subscribers at their offices, 13010 Morris Road, Suite 450, Alpharetta, GA 30004, 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 relief demanded in the Complaint.
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 to represent said minor(s) within sixty (60) days after the service of this Summons 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 for 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 by payable directly to it by delivery to its undersigned attorneys from the date of default. In the alternative, Plaintiff will move before a judge or 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.
NOTICE OF FILING COMPLAINT
TO THE DEFENDANTS ABOVE NAMED:
YOU WILL PLEASE TAKE NOTICE that the 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 8, 2024.
ORDER APPOINTING GUARDIAN AD LITEM
It appearing to the satisfaction of the Court, upon reading the filed Petition for Appointment of Kelley Woody as Guardian ad Litem for unknown minors, and persons who may be under a disability, and it appearing that Kelley Woody 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 represents said Defendants, it is
ORDERED that Kelley Woody, Esquire, 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 2225 OLD MCKINNEY RD YORK, SC 29745; that she is empowered and directed to appear on behalf of and represent said Defendant, 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, Esquire, 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 Rock Hill 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.
Robertson, Anschutz, Schneid, Crane & Partners, PLLC
13010 Morris Road, Suite 450
Alpharetta, GA 30004
Phone 470-321-7112 | Fax 404-393-1425
Attorneys for Plaintiff
IPL0275505
Sep 24,Oct 1,8 2025