NOTICE TO ABSENT DEFENDANT
State of South Carolina County of Horry In The Court of Common Pleas Docket No. 2024CP2603000
River Oaks Golf Villas Homeowners' Association, Inc. Plaintiff, vs. Ramon Henry, Defendant(s). TO THE DEFENDANTS ABOVE NAMED: YOU ARE HEREBY SUMMONED AND REQUIRED to answer the Summons and Complaint in the above captioned action, a copy of which is herewith served upon you, and to serve a copy of your Answer upon the subscribers at their offices, 301 S. McDowell St., Suite 410, Charlotte North Carolina 28204, within thirty (30) days from the date of such service, exclusive of the date of service; and if you fail to answer the said Summons and Complaint within the time aforesaid, judgment by default will be rendered against you for the relief demanded in the Complaint. TO THE ABSENT DEFENDANT: YOU WILL TAKE NOTICE that the original Complaint in this action, together with the Summons, of which the foregoing is a copy, were duly filed in the Court of Common Pleas for Horry County, South Carolina, on the April 29, 2024. June 11, 2025 SELLERS, AYERS, DORTCH & LYONS, P.A. By: s/Elliot M. Engstrom Elliot M. Engstrom (SC Bar #106317) Email: EEngstrom@sellersayers.com Sellers, Ayers, Dortch & Lyons, P.A.
301 S. McDowell Street, Suite 410, Charlotte, NC 28204 Phone: (704) 377-5050
Fax: (704) 339-0172 Attorney for the Plaintiff
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS FOR THE FIFTEENTH JUDICIAL CIRCUIT COUNTY OF HORRY ) Civil Action Numbers: 2024-CP-26- River Oaks Golf Villas Homeowners' Association, Inc.;
Plaintiff, vs. Ramon Henry a/k/a Ramone Henry and Mortgage Electronic Registration Systems, Inc., solely as nominee for McLean Mortgage Corporation; Defendant.
SUMMONS TO: THE DEFENDANTS ABOVE-NAMED: YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, of which a copy is herewith served upon you, and to serve a copy of your answer to the said Complaint on the subscribers at their office at 1271 Glenns Bay Road (physical address only), P.O. Box 14737 (mailing address), Surfside Beach, South Carolina 29587, and to file your answer in the office of the Clerk of Court for Horry County, all 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 such service; and if you fail to answer the Complaint within the time aforesaid, the Plaintiff in this action will apply to the Court for judgment by default for the relief demanded in the Complaint and a judgment will be rendered against you. YOU WILL ALSO TAKE NOTICE that the Plaintiff in this Action will move for an Order of Reference or that 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. MOORE, JOHNSON & SARANITI LAW FIRM, P.A. Attorneys for the Plaintiff s/ Sarah K. Stapleton Sarah K. Stapleton (SC Bar #: 104004) P.O. Box 14737 Surfside Beach, SC 29587-4737 (843) 650-9757; (843) 650-9747 (fax) April 25, 2024
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS FOR THE FIFTEENTH JUDICIAL CIRCUIT COUNTY OF HORRY Civil Action Numbers: 2024-CP-26- River Oaks Golf Villas Homeowners' Association, Inc.; Plaintiff, vs. Ramon Henry a/k/a Ramone Henry and Mortgage Electronic Registration Systems, Inc., solely as nominee for McLean Mortgage Corporation; Defendant. C12274ES
COMPLAINT (Non-Jury)
The Plaintiff, River Oaks Golf Villas Homeowners' Association, Inc., by and through its undersigned attorney, respectfully alleges and shows the following: 1. The Plaintiff is an eleemosynary corporation organized and existing under the laws of the State of South Carolina. 2. Upon information and belief, the Defendant, Ramon Henry a/k/a Ramone Henry (hereinafter referred to as Ramon Henry), is a citizen and resident of the State of New York. 3. Upon information and belief, the Defendant, Mortgage Electronic Registration Systems, Inc., solely as nominee for McLean Mortgage Corporation, is a financial institution licensed to do business in the State of South Carolina. 4. Upon information and belief, the Defendant, Ramon Henry, is not subject to the provisions of the Soldiers' and Sailors' Relief Act of 1940, as Amended. 5. This court has both subject matter and personal jurisdiction over the property and the parties to this action. 6. The subject matter of this action is real and personal property located in Horry County, South Carolina, which property is more fully described as follows: Dwelling No. 24-E, Phase XL, of the River Oaks Golf & Tennis Villas Horizontal Property Regime, a horizontal property regime, created pursuant to the South Carolina Horizontal Property Act, Sec, 27-31-10, et. Seq., South Carolina Code of Laws, 1976, as amended, and submitted by Master Deed, dated February 16, 1994 and recorded February 17, 1994 in Deed Book 1703, at Page 360, and as thereafter amended, records of Horry County. The conveyance of the aforesaid real property shall be subject to all easements, reservations, rights-of-way, restrictions, encroachments, and covenants of record which may affect the above described property, and all governmental statues, ordinances, rules and regulations. This being the identical property conveyed unto Ramon Henry from David A. Duck by deed dated April 15, 2022 and recorded April 21, 2022 in Deed Book 4541 at Page 2573, records for Horry County, South Carolina. TMS #: 172-30-02-257 PIN#: 42600000357 PROPERTY ADDRESS: 510 White River Dr., Unit 24-E, Myrtle Beach, SC 29579 7. That the Plaintiff in this action filed a Notice of Lien for Delinquent Assessments by River Oaks Golf Villas Homeowners' Association, Inc., recorded on December 21, 2023, in Lien Book 292 at Page 1800. Attached hereto as "Exhibit A". 8. As of April 25, 2024, there was due and owing to the Association the sum of $4,957.46 together with attorneys' fees and the costs of this action. 9. That the Defendant, Mortgage Electronic Registration Systems, Inc., solely as nominee for McLean Mortgage Corporation, may claim some interest in the subject property by virtue of that certain mortgage recorded on January 21, 2022, in Mortgage Book 6549, Page 524. 10. That the Defendant, Ramon Henry, is required under the governing documents of River Oaks Golf Villas Homeowners' Association, Inc. to pay certain fees and dues. 11. That the Plaintiff has exercised their option to foreclose on the property and declare the whole amount due. 12. River Oaks Golf Villas Homeowners' Association, Inc. waives a deficiency judgment against the Defendant, Ramon Henry, for the full amount found to be due to Plaintiff under the associations governing documents. 13. Upon information and belief, the property which is the subject of this action has not been taken for tax, fine or assessment, pursuant to any statute, or seized by virtue of an execution or attachment against the property of the Plaintiff or Defendant. WHEREFORE, having fully set forth this Complaint, River Oaks Golf Villas Homeowners' Association, Inc. prays that this Honorable Court inquire into the matters set forth herein and that: A. That the amount due under the governing documents of River Oaks Golf Villas Homeowners' Association, Inc. be ascertained and determined under the direction of this Court, together with attorney's fees and the cost of the action, and a judgment be awarded against the Defendant, Ramon Henry, in said amount. B. That the Plaintiff's Lien for assessment be declared a lien, junior in priority only to that mortgage lien in favor of Mortgage Electronic Registration Systems, Inc., solely as nominee for McLean Mortgage Corporation any unpaid ad valorem real estate taxes and that River Oaks Golf Villas Homeowners' Association, Inc. have judgment of foreclosure for the amounts that are found to be due and owing thereon, with attorney's fees and for the costs of this action. C. That the property, together with all the appurtenances thereto according to said governing documents of the association, be sold under the Direction of this Court, subject to that mortgage lien in favor of Mortgage Electronic Registration Systems, Inc., solely as nominee for McLean Mortgage Corporation, ad valorem real estate taxes, and personal property taxes (if any), the equity of redemption be barred, and that the proceeds of sale be applied as follows: 1. First to the costs and expenses of the within action and the sale; 2. Second, to the payment and discharge of the amount due on the Plaintiff's lien up to and including the post judgment debt accrued through the date of the foreclosure sale and together with allowable interest and reasonable attorney's fees aforesaid; and 3. Third, the surplus, if any, be held pending further determination of this Court and be distributed according to law. D. That in the event this property is sold at a judicial foreclosure sale, any senior mortgage or lien holder be Ordered, upon request, to provide a payoff to the successful bidder and to accept and apply payment in full, if made to the mortgage or lien. E. For such and further relief as may be just and proper. MOORE, JOHNSON & SARANITI LAW FIRM, P.A. Attorneys for the Plaintiff s/ Sarah K. Stapleton Sarah K. Stapleton (SC Bar #: 104004) P.O. Box 14737 Surfside Beach, SC 29587-4737 (843) 650-9757; (843) 650-9747 (fax) April 25, 2024 Surfside Beach, South Carolina
IPL0248273
Jun 28,Jul 5,12 2025