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  3. Foreclosure

STATE OF SOUTH CAROLINA COUNTY OF YORK IN THE COURT OF COMMON PLEAS C/A NO.: 2026-CP-46-02429 Bank of America, N.A., Plaintiff, v. Toni Lynn McCullough; Claudia McCullough Frazier; Thomas McCullough, III; Any heirs-at-law or devisees of Sonya McCullough, 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 Richard Roe; and any unknown minors, incompetent or imprisoned person, or persons under a disability being a class designated as John Doe; Tavario McCullough; Alexia Timeal Barber; Tyson Kimani Taylor; Tychelle Kimaya Taylor, Defendant(s). SUMMONS AND NOTICES (Non-Jury) FORECLOSURE OF REAL ESTATE MORTGAGE 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 1400 Browning Road, Suite 160, Columbia, SC 29210, 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 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. LIS PENDENS NOTICE IS HEREBY GIVEN THAT an action has been or will be commenced in this Court upon complaint of the above-named Plaintiff against the above-named Defendant(s) for the foreclosure of a certain mortgage of real estate given by Martha S. Mccullough to Bank of America, N.A dated February 4, 2016 and recorded on February 29, 2016 in Book 15480 at Page 279, in the York County Registry (hereinafter, "Mortgage"). Thereafter, the Mortgage was transferred to the Plaintiff herein by assignment and/or corporate merger. The premises covered and affected by the said Mortgage and by the foreclosure thereof were, at the time of the making thereof and at the time of the filing of this notice, more particularly described in the said Mortgage and are more commonly described as: All that certain piece, parcel or lot of land lying, being and situated within the Southwestern corporate limits of the City of Rock Hill, Catawba Township No. 3, York County, South Carolina, being more particularly described as follows, to wit: Beginning at a stake on the Southern side of Scoggins Street, inner line of sidewalk, 385.6 feet West of the intersection of Scoggins Street and Harrison Street; thence S. 7-21 W. 150.9 feet to a stake; thence N. 84-12 W. 50 feet to a stake; thence N. 7-21 E. 151 feet to a stake; thence with Scoggins Street S. 84-30 E. 50 feet to the beginning, being designated as Lot No. 36. This being the same property conveyed to Thomas McCullough by deed of Annie F. Jenkins dated April 27, 1971, and recorded April 28, 1971, in Book 418 at Page 34 in the Office of the Register of Deeds for York County, South Carolina. Thereafter, Thomas McCullough died on November 24, 1985, leaving the subject property to his heirs/devisees, Martha S. McCullough, Toni Lynn McCullough, Teri Lashawn McCullough, Claudia McCullough, Thomas McCullough, III, Sonya McCullough, and Tavario McCullough, as is more fully preserved in Probate File No. 1985-ES-46-00568. Subsequently, Sonya McCullough died on September 9, 2019, leaving her interest in the property to her heirs/devisees. Thereafter, Martha S. McCullough died on January 21, 2024, leaving the subject property to her heirs/devisees, Terri McCullough, Toni Lynn McCullough, Claudia McCullough Frazier, Thomas McCullough, III, Tavario McCullough, Tyson Kimani Taylor and Tychelle Kimaya Taylor, as is more fully preserved in Probate File No. 2024-ES-46-00302 and in the Deed of Distribution dated December 18, 2024, and recorded January 2, 2025, in Book 21690 at Page 238 and re-recorded January 21, 2025 in Book 21712 at Page 372 in said Records. Thereafter, Terri LaShawn McCullough conveyed her interest in the subject property to Alexia Timeal Barber by Quitclaim Deed dated April 23, 2025, and recorded April 23, 2025, in Book 21867 at Page 275 in said Records. TMS No. 598-19-03-012 Property Address: 335 Scoggins St, Rock Hill, SC 29730 NOTICE OF FILING COMPLAINT TO THE DEFENDANTS ABOVE NAMED: YOU WILL PLEASE TAKE NOTICE that the original Complaint and Certificate of Exemption from ADR in the above-entitled action were filed in the Office of the Clerk of Court for York County on July 8, 2026. A Notice of Foreclosure Intervention was also filed in the Clerk of Court's Office. ORDER APPOINTING GUARDIAN AD LITEM NISI It appearing to the satisfaction of the Court, upon reading the filed Petition for Appointment of Kelley Woody, Esquire as Guardian ad Litem Nisi for unknown minors, and persons who may be under a legal disability, and it appearing that Kelley Woody, Esquire has consented to said appointment, it is ORDERED that Kelley Woody, P.O. Box 6432, Columbia, SC 29260 phone (803) 787-9678, be and hereby is appointed Guardian ad Litem Nisi on behalf of all unknown minors and all unknown persons who may be under a legal disability, all of whom may have or claim to have some interest or claim to the real property commonly known as 335 Scoggins St, Rock Hill, SC 29730; that he is empowered and directed to appear on behalf of and represent said Defendants, 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. IT IS FURTHER ORDERED that a copy of this Order shall be forth with served upon said Defendants by publication in The Rock Hill, 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. AND IT IS FURTHER ORDERED that the Appointment of Kelley Woody, Esquire shall become Absolute 30 days after the completion of service of this Order without further motion by Plaintiff or Order of this Court unless said Defendants, or persons acting on their behalf, shall, within thirty (30) days after service, procure the appointment of their own Guardian Ad Litem. Brock & Scott, PLLC 1400 Browning Road, Suite 160 Columbia, SC 29210 Phone (803) 454-3540 Fax (803) 454-3541 Attorneys for Plaintiff IPL0376596 Sep 25,Oct 2,9 2026
Post Date: 09/25 12:00 AM
Refcode: #IPL0376596 
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