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STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
COUNTY OF CHARLESTON CASE NO.
Vanderbilt Mortgage and Finance, Inc,
SUMMONS
Plaintiff, (Quiet Title)
(Mortgage Foreclosure)
-vs- (Mobile Home Repossession)
Non-Jury
Patricia Morris Perez; Pablo Marquez Perez; and (Deficiency Judgment Waived)
any heirs or devisees of William F. Newton
(deceased), including any personal representatives,
successors, assigns, spouses, creditor, and all
others claiming any right, title or interest in the
subject property herein; any adults or person the
military service of the United States of America,
being a class designated as John Doe; and any
minors or persons under a legal disability or
persons incarcerated, being a class designated as
Richard Roe; and the South Carolina Department
of Motor Vehicles
Defendants
6310-24-0015-01
TO THE DEFENDANT(S) ABOVE-NAMED:
YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, a copy
of which is herewith served upon you, and to serve a copy of your Answer on the subscribers at their
offices, Crawford & von Keller, LLC, P.O. Box 4216, Columbia, SC 29240, within thirty (30) days
after 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 answer the Complaint within the time aforesaid, the Plaintiff will apply to the
Court for a judgment by default granting 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)
RESIDE(S), AND/OR TO PERSON UNDER SOME LEGAL DISABILITY, INCOMPETENTS
AND PERSONS CONFINED AND ACTIVE MILITARY MEMBERS:
YOU ARE FURTHER SUMMONED AND NOTIFIED to apply for the appointment of a
Guardian ad Litem within thirty (30) days after service of this Summons and Notice upon you. If you
fail to do so, application for such appointment will be made by the Plaintiff.
YOU WILL ALSO TAKE NOTICE that under the provisions of South Carolina Code § 29-3-
100, effective June 16, 1993, any collateral assignment of rents contained in the mortgage identified in
the Complaint is hereby perfected and Plaintiff hereby gives further notice that all rents shall be
payable directly to it by delivery of the same to its undersigned attorneys from date of default forward.
In the alternative, the Plaintiff will move a Judge of this Circuit Court on the tenth (10") day after
service hereof, or as soon as counsel for Plaintiff may be heard, for an Order enforcing the assignment
of rents, if any, and/or profits, if any, compelling payments of all such funds covered by the mortgage
and/or by status and/or by common law directly to the undersigned attorneys for the Plaintiff, which
Motion is based upon the original Note and Mortgage identified in the Complaint therein and attached
hereto as well as any applicable laws, statues or regulations.
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 cause to the Master-in Equity or Special Referee
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 or Special Referee is authorized and
empowered to enter a final judgment in this cause with appeal only to the South Carolina Court of
Appeals pursuant to Rule 203(d)(1) of the SCACR, effective June 1, 1999.
Your responding to this Summons and Complaint does not terminate or limit the 30 days period
to dispute the validity of the debt or any portion thereof or your ability to request verification of the
debt or the name of the original creditor as described above,
s/ B. Lindsay Crawford, TV
B. Lindsay Crawford, III (SC Bar# 6510)
Theodore von Keller (SC Bar# 5718)
B. Lindsay Crawford, IV (SC Bar# 101707)
Charley F. MacInnis (SC Bar# 104326)
Jason Hunter (SC Bar# 101501)
Eric H. Nelson (SC Bar# 104712)
Crawford & von Keller, LLC
P.O, Box 4216
1640 St. Julian Place (29204)
Columbia, SC 29240
Phone: 803-790-2626
Email: court@crawfordvk.com
Attorneys for Plaintiff
Columbia, South Carolina
May 21, 2024
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
COUNTY OF CHARLESTON CASE NO.
Vanderbilt Mortgage and Finance, Inc.
COMPLAINT
Plaintiff, (Quiet title)
(Mortgage Foreclosure}
-Vs- (Mobile Home Repossession)
Non-Jury
Patricia Morris Perez; Pablo Marquez Perez; and (Deficiency Judgment Waived)
any heirs or devisees of William F. Newton
(deceased), including any personal representatives,
successors, assigns, spouses, creditor, and all
others claiming any right, title or interest in the
subject property herein; any adults or person the
military service of the United States of America,
being a class designated as John Doe; and any
minors or persons under a legal disability or
persons incarcerated, being a class designated as
Richard Roe; and the South Carolina Department
of Motor Vehicles
Defendants
6310-24-0015-01
The Plaintiff, complaining of the Defendants above-named, would respectfully show unto this
Honorable Court:
1 Pursuant to §.C. Code Section 33-15-101, Plaintiff is a corporation or other legal entity doing
business in the State of South Carolina,
2. That the Plaintiff has the legal right to enforce the negotiable instrument secured by the Mortgage
and is the real party in interest as defined by Rule 17(a) of the South Carolina Rules of Civil Procedure,
3. That the real property hereinafter described, which is the subject of this action, is situated and located
in Charleston County, South Carolina,
4. Some lien on or interest in the real estate and improvements thereon, the subject of this action, may
be claimed by the Defendant(s) herein. In order to comply with the Lis Pendens statute (S.C. Code
Section 15-11-10, et. seq.) and case law, and to also clear and adjudicate any claims or interests in the
real estate and improvements thereon, Defendant(s) named herein are also made a necessary party due
to similarity in names of parties of public record, or pursuant to the laws and statutes of Descent and
Distribution or other statutory or regulatory requirements.
5. The Defendant(s) herein described as judgment creditors have by filing said judgments designated
their attorney entering a judgment as their agent for service of process under the provisions of Section
15-35-840 of the Code of Laws of South Carolina (1976),
6. That the South Carolina Department of Motor Vehicles is named solely as it is the governmental
agency responsible for issuing titles to mobile homes.
7. That on or about January 29, 2021, for value received, Patricia Morris Perez and Pablo Marquez
Perez executed and delivered to Vanderbilt Mortgage and Finance, Inc. a certain promissory note, in
writing, by which said maker promised to pay to Vanderbilt Mortgage and Finance, Inc. the sum of
$207,157.29, together with interest thereon at the rate of 8.800 % per annum, according to the terms and
conditions set out therein.
8. That in order to better secure the payment of the said note and debt, in accordance with the terms and
conditions thereof, the said Patricia Morris Perez and Pablo Marquez Perez executed and delivered on
January 29, 2021 a mortgage of real estate to Vanderbilt Mortgage and Finance, Inc., and its successors
and assigns, covering the following described property:
ALL THAT PARCEL OR LOT OF LAND WITH ANY BUILDINGS OR
IMPROVEMENTS THEREON, CONTAINING 6.44 ACRES, MORE OR LESS,
SITUATE, LYING AND BEING IN SAINT PAULS PARISH, CHARLESTON
COUNTY, SOUTH CAROLINA KNOWN AND DESIGNATED AS TOTAL LOT A
INCLUDING HIGHLAND OF 5,001 ACRES AND MARSHLAND OF 1.443 ACRES
AS SHOWN ON THAT PLAT MADE BY GEORGE A, Z, JOHNSON, JR., INC.,
ENTITLED, "PLAT SHOWING THE SUBDIVISION OF NO. 4107 DAVISON ROAD,
A TOTAL OF 13,089 ACRES INTO LOTS A AND B OWNED BY W.F. NEWTON,
LOCATED IN SAINT PAULS PARISH, CHARLESTON COUNTY, SOUTH
CAROLINA" DATED NOVEMBER 25, 2009 AND RECORDED INTO PLAT BOOK
L10 AT PAGE 205 IN THE RMC OFFICE FOR CHARLESTON COUNTY, SOUTH
CAROLINA; SAID LOT HAVING SUCH SIZE, SHAPE, DIMENSIONS, BUTTINGS
AND BOUNDINGS AS WILL BY REFERENCE TO SAID PLAT MORE FULLY
APPEAR.
BEING the same property conveyed to the Patricia Morris Perez and Pablo Marquez Perez
by deed of Mary Burgess Newton dated January 29, 2021 and recorded April 1, 2021 in
Book 0977 at Page 539 in the ROD Office for Charleston County.
Mobile Home:2021 SCHU VIN: RIC252590NCAB
TMS #: 244-00-0-265 (lot) MH00057680 (mobile home license #)
9. That on April 1, 2021, said mortgage was recorded in the Office of the Register of Deeds for
Charleston County in Book 0977 at Page 541.
10. That said mortgage evidences and secures the repayment of money advanced by the mortgagee to, or
on behalf of, the mortgagor and constitutes a first lien on the mortgaged premises,
11. That in order to better secure the payment of said note and debt, a lien was placed upon the mobile
home herefore owned by Patricia Morris Perez and Pablo Marquez Perez to wit: 2021 SCHU VIN:
RIC252590NCAB (“Collateral”),
FOR A FIRST CAUSE OF ACTION
(Quiet Title)
12, That Plaintiff reincorporates and realleges each of the following allegations as fully as if repeated
herein verbatim.
13. That in the chain of title, William F. Newton owned 13 and 3/7 acres, which included the 6.44 acre
subject property as shown on plat by George A. Z, Johnson, Jr., recorded in Plat Book L10 at Page 205
in the RMC for Charleston County,
14, That William F. Newton died intestate in May of 1949. That at the time of his death, William F.
Newton had a wife, Annie Watts Newton, and three children, William F. Newton, Jr. (a/k/a William T.
Newton a/k/a WT Newton), James Truman Newton (a/k/a James T. Newton a/k/a Truman J. Newton),
and Janie N. Newton (a/k/a Anne N, Fisk a/k/a Anne Newton Fisk).
15. That although an estate was opened for William F. Newton, there was no Deed of Distribution for the
13 and 3/7 acres, Therefore, all unknown heirs of William F. Newton and all other persons entitled to
claim under or through them, being a class designated as Mary Roe; all Unknown persons with any right,
title or interest in the real estate described herein, being a class designated as Jane Doe; also any Unknown
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, persons under a Disability or persons incarcerated, being a class
designated as Richard Roe are named as party defendants herein.
16. That Annie Watts Newton died testate on or about September 29, 1992. That an estate was opened
in Charleston County Probate Court, 1993-ES-10-00908,
17. That Annie Watts Newton had three children who were her devisees. Those children are William T.
Newton, James T. Newton, and Anne N, Fisk.
18. That Anne Newton Fisk (a/k/a Anne N. Fisk a/k/a Janie N, Newton) conveyed her interest in the 13
3/7-acre tract to Truman J. Newton (a/k/a James Truman Newton a/k/a James T. Newton) and William T.
Newton (a/k/a WT Newton a/k/a William F, Newton, Jr.) by Quit Claim Deed dated August 18, 2000
and recorded August 25, 2000 in Book $353 at Page 834 in the Charleston County Register of Deeds.
19, That on May 4, 2015, William Allen Newton, son of William T. Newton, conveyed his right, title and
interest in the 13 3/7 acres to Truman J. Newton by Quit Claim Deed recorded in Book 403 at Page 218
in the Charleston County Register of Deeds.
20. That on May 4, 2015, William T. Newton conveyed his right, title and interest in the 6.4444-acre
subject property (known and designated as Total Lot A, including Highland of 5.001 acres and Marshland
of 1.443 acres, as shown on that plat made by George A.Z. Johnson, Jr, Inc., entitled “PLAT SHOWING
THE SUBDIVISION OF NO, 4107 DAVISON ROAD, A TOTAL OF 13,089 ACRES INTO LOTS A
AND B, OWNED BY W.F. NEWTON, LOCATED IN SAINT PAULS PARISH, CHARLESTON
COUNTY, SOUTH CAROLINA” dated November 25, 2009, and recorded in Plat Book L10 at Page 205
in the RMC Office for Charleston County, South Carolina) to Truman J, Newton by Quit Claim Deed
recorded in Book 403 at Page 218 in the Charleston County Register of Deeds.
21. That Truman J, Newton died testate on or about August 19, 2017. That an estate was opened in the
Charleston County Probate Court, 2019-ES-10-04-77.
22. That Mary B. Newton, per provision of the Last Will and Testament of Truman J. Newton, was
appointed as Personal Representative of the estate, and was devised all property of Truman J, Newton,
23. That a Deed of Distribution conveying the subject 6.444-acre property from the Estate of Truman J.
Newton to Mary B. Newton was recorded on January 9, 2020 in Book 0851 at Page 744 in the Office of
the Register of Deeds for Charleston County.
24, That Mary Burgess Newton conveyed the subject 6.444-acre property to Patricia Morris Perez and
Pablo Marquez Perez via Title to Real Estate dated January 29, 2021, and recorded April 1, 2021 in Book
0977 at Page 539 in the Office of the Register of Deeds for Charleston County.
25, That although there was no Deed of Distribution from the Estate of William F. Newton, Plaintiff
alleges it was the intent of the decedent that the real property owned by said decedent be conveyed to his
wife, Annie Watts Newton, and children, William F. Newton, Jr. a/k/a William T. Newton a/k/a WT
Newton, James Truman Newton a/k/a James T. Newton a/k/a Truman J. Newton, and Janie N. Newton
a/k/a Anne N. Fisk a/k/a Anne Newton Fisk.
26. Plaintiff alleges that subsequent to the conveyance of property from the Estate of William F, Newton,
the subject property was properly conveyed to successive owners,
27. Plaintiff is informed and believes it is entitled to an Order of this Court declaring that the entire
interest in and to the subject property was conveyed to Patricia Morris Perez and Pablo Marquez Perez,
and that Patricia Morris Perez and Pablo Marquez Perez are currently the rightful owners of the subject
property in fee simple, with all rights appurtenant thereto, thereby quicting the title in the name of
Patricia Morris Perez and Pablo Marquez Perez.
FOR A SECOND CAUSE OF ACTION
(Mortgage Foreclosure)
28, That Plaintiff reincorporates and realleges each of the following allegations as fully as if repeated
herein verbatim.
29, That according to the terms and conditions of said Note and Mortgage, it is provided that, in the event
of default in the payment of an installment when due, the entire principal and accrued interest shall at
once become due and payable at the option of the holder.
30. That the monthly payments due on said Note and Mortgage are in default; that the conditions of said
Note and Mortgage have been broken; that the Plaintiff elects to and does, declare the entire balance of
said indebtedness due and payable; that the principal balance as of which has been in default since
January 1, 2024, is $201,336.56; that also due and owing is interest as provided at the rate set forth in the
Note; that also due are late charges and the costs and disbursements of this action, including attorney’s
fees,
31. That it has become and is necessary for the Plaintiff to employ legal counsel to prosecute this action;
and that a reasonable fee for the services of the Plaintiff's counsel should, according to the terms of said
note and mortgage, be added to the amount of the mortgage debt.
32, Pursuant to '37-3-105, South Carolina Code of Laws (1976 as amended), the mortgage lien, which is
subject to this action, is a first lien on real estate and is not a ‘consumer loan’ for the purposes of the South
Carolina Consumer Protection Code. Any notices of right to cure have been given as required.
33, That the Plaintiff has advanced and/or may advance certain sums for taxes and insurance and for
inspecting and/or securing the subject property, which sums, according to the terms of said mortgage,
should be added to the amount of the mortgage debt.
34. That the Plaintiff claims no deficiency judgment, and any right to same is specifically waived,
FOR A THIRD CAUSE OF ACTION
(Mobile Home Repossession)
35, The Plaintiff reincorporates and realleges each of the foregoing allegations as fully as if repeated
herein verbatim.
36. That upon information and belief, the Defendants Patricia Morris Perez and Pablo Marquez Perez, are
in possession of and residing in the said mobile home, possession of which is sought by the Plaintiff in
this action.
37. That the Plaintiff, Vanderbilt Mortgage and Finance, Inc. is entitled to enforce its lien upon such
mobile home.
38. That the Plaintiff is informed and believes that it is entitled to an Order granting possession of the
Defendants’ mobile home to the Plaintiff; but that the Plaintiff requests that the Defendants’ mobile home
be sold jointly with the mortgaged real property described herein.
WHEREFORE, having fully set forth its Complaint, the Plaintiff prays that this Honorable Court
inquire into the matters set forth herein; and
Find that the Plaintiff is entitled to an Order of this Court declaring that the entire interest in and
to the subject property was conveyed to Patricia Morris Perez and Pablo Marquez Perez, and that
Patricia Morris Perez and Pablo Marquez Perez are currently the rightful owners of the subject property
in fee simple, with all rights appurtenant thereto, thereby quieting the title in the name of Patricia
Morris Perez and Pablo Marquez Perez; and
Find that the Plaintiff's mobile home lien be declared a first lien and that the Plaintiff have
judgment of foreclosure for the amount so found to be due and owing thereon, together with any taxes,
insurance premiums and/or inspection or securing expenses, which may have been paid, a reasonable
sum as attorney's fees and the costs of this action; and
That the Plaintiff's collateral (real property and mobile home) be sold together under the direction
of this Court, that 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 sale, and
Second, to the payment and discharge of the amount due on the Plaintiff's note and mortgage,
together with attorney's fees and costs as aforesaid, and
Third, the surplus, if any, be distributed pursuant to Rule 71 of the South Carolina Rules of Civil
Procedure; and
That the Court issue an Order directing the South Carolina Department of Motor Vehicles to issue
a Certificate of Title for the subject mobile home in favor of the successful purchaser, and/or its
successors and assigns, at the foreclosure sale; and
That the Court issue an Order directing the Sheriff to place the successful purchaser at the
foreclosure sale in possession of the subject mobile home and real property, and all persons claiming
thereunder and the removal therefrom of all furnishings, fixtures and items not subject to the lien of the
Plaintiff's Mortgage, which personal property, if not removed shall be deemed abandoned and shall be
removed by the Plaintiff or its agents from the Mortgaged Property by placing said property on the public
street or highway or by any other means, including by force, if necessary; and
An Order granting the appointment of a receiver, should it become necessary, to secure and
supervise the rental of the property to be foreclosed with the authority to take possession thereof and
collect rents, issues and profits thereon during the pendency of this action and to hold the same as further
security for Plaintiff’s debt; and
An Order be entered for reimbursement of all costs of inspecting and securing the property
incurred by the Plaintiff as a result of the delinquency; and
The Defendants, and all persons whomever claiming by and through said Defendants, be forever
barred of right, title and interest, of, in and to the Mortgaged Property and Collateral, and each and every
part thereof; and
For such other and further relief as may be just and proper.
s/ B. Lindsay Crawford, [V
B. Lindsay Crawford, IL] (SC Bar# 6510)
Theodore von Keller (SC Bar# 5718)
B. Lindsay Crawford, IV (SC Bar# 101707)
Charley F. MacInnis (SC Bar# 104326)
Jason Hunter (SC Bar# 101501)
Eric H. Nelson (SC Bar# 104712)
Crawford & von Keller, LLC
P.O. Box 4216
1640 St. Julian Place (29204)
Columbia, SC 29240
Phone: 803-790-2626
Email: court@crawfordvk.com
Attorneys for Plaintiff
Columbia, South Carolina
May 21 2024
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STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF CHARLESTON CASE NO. Vanderbilt Mortgage and Finance, Inc, SUMMONS Plaintiff, (Quiet Title) (Mortgage Foreclosure) -vs- (Mobile Home Repossession) Non-Jury Patricia Morris Perez; Pablo Marquez Perez; and (Deficiency Judgment Waived) any heirs or devisees of William F. Newton (deceased), including any personal representatives, successors, assigns, spouses, creditor, and all others claiming any right, title or interest in the subject property herein; any adults or person the military service of the United States of America, being a class designated as John Doe; and any minors or persons under a legal disability or persons incarcerated, being a class designated as Richard Roe; and the South Carolina Department of Motor Vehicles Defendants 6310-24-0015-01 TO THE DEFENDANT(S) ABOVE-NAMED: YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, a copy of which is herewith served upon you, and to serve a copy of your Answer on the subscribers at their offices, Crawford & von Keller, LLC, P.O. Box 4216, Columbia, SC 29240, within thirty (30) days after 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 answer the Complaint within the time aforesaid, the Plaintiff will apply to the Court for a judgment by default granting 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) RESIDE(S), AND/OR TO PERSON UNDER SOME LEGAL DISABILITY, INCOMPETENTS AND PERSONS CONFINED AND ACTIVE MILITARY MEMBERS: YOU ARE FURTHER SUMMONED AND NOTIFIED to apply for the appointment of a Guardian ad Litem within thirty (30) days after service of this Summons and Notice upon you. If you fail to do so, application for such appointment will be made by the Plaintiff. YOU WILL ALSO TAKE NOTICE that under the provisions of South Carolina Code § 29-3- 100, effective June 16, 1993, any collateral assignment of rents contained in the mortgage identified in the Complaint is hereby perfected and Plaintiff hereby gives further notice that all rents shall be payable directly to it by delivery of the same to its undersigned attorneys from date of default forward. In the alternative, the Plaintiff will move a Judge of this Circuit Court on the tenth (10") day after service hereof, or as soon as counsel for Plaintiff may be heard, for an Order enforcing the assignment of rents, if any, and/or profits, if any, compelling payments of all such funds covered by the mortgage and/or by status and/or by common law directly to the undersigned attorneys for the Plaintiff, which Motion is based upon the original Note and Mortgage identified in the Complaint therein and attached hereto as well as any applicable laws, statues or regulations. 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 cause to the Master-in Equity or Special Referee 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 or Special Referee is authorized and empowered to enter a final judgment in this cause with appeal only to the South Carolina Court of Appeals pursuant to Rule 203(d)(1) of the SCACR, effective June 1, 1999. Your responding to this Summons and Complaint does not terminate or limit the 30 days period to dispute the validity of the debt or any portion thereof or your ability to request verification of the debt or the name of the original creditor as described above, s/ B. Lindsay Crawford, TV B. Lindsay Crawford, III (SC Bar# 6510) Theodore von Keller (SC Bar# 5718) B. Lindsay Crawford, IV (SC Bar# 101707) Charley F. MacInnis (SC Bar# 104326) Jason Hunter (SC Bar# 101501) Eric H. Nelson (SC Bar# 104712) Crawford & von Keller, LLC P.O, Box 4216 1640 St. Julian Place (29204) Columbia, SC 29240 Phone: 803-790-2626 Email: court@crawfordvk.com Attorneys for Plaintiff Columbia, South Carolina May 21, 2024 STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF CHARLESTON CASE NO. Vanderbilt Mortgage and Finance, Inc. COMPLAINT Plaintiff, (Quiet title) (Mortgage Foreclosure} -Vs- (Mobile Home Repossession) Non-Jury Patricia Morris Perez; Pablo Marquez Perez; and (Deficiency Judgment Waived) any heirs or devisees of William F. Newton (deceased), including any personal representatives, successors, assigns, spouses, creditor, and all others claiming any right, title or interest in the subject property herein; any adults or person the military service of the United States of America, being a class designated as John Doe; and any minors or persons under a legal disability or persons incarcerated, being a class designated as Richard Roe; and the South Carolina Department of Motor Vehicles Defendants 6310-24-0015-01 The Plaintiff, complaining of the Defendants above-named, would respectfully show unto this Honorable Court: 1 Pursuant to §.C. Code Section 33-15-101, Plaintiff is a corporation or other legal entity doing business in the State of South Carolina, 2. That the Plaintiff has the legal right to enforce the negotiable instrument secured by the Mortgage and is the real party in interest as defined by Rule 17(a) of the South Carolina Rules of Civil Procedure, 3. That the real property hereinafter described, which is the subject of this action, is situated and located in Charleston County, South Carolina, 4. Some lien on or interest in the real estate and improvements thereon, the subject of this action, may be claimed by the Defendant(s) herein. In order to comply with the Lis Pendens statute (S.C. Code Section 15-11-10, et. seq.) and case law, and to also clear and adjudicate any claims or interests in the real estate and improvements thereon, Defendant(s) named herein are also made a necessary party due to similarity in names of parties of public record, or pursuant to the laws and statutes of Descent and Distribution or other statutory or regulatory requirements. 5. The Defendant(s) herein described as judgment creditors have by filing said judgments designated their attorney entering a judgment as their agent for service of process under the provisions of Section 15-35-840 of the Code of Laws of South Carolina (1976), 6. That the South Carolina Department of Motor Vehicles is named solely as it is the governmental agency responsible for issuing titles to mobile homes. 7. That on or about January 29, 2021, for value received, Patricia Morris Perez and Pablo Marquez Perez executed and delivered to Vanderbilt Mortgage and Finance, Inc. a certain promissory note, in writing, by which said maker promised to pay to Vanderbilt Mortgage and Finance, Inc. the sum of $207,157.29, together with interest thereon at the rate of 8.800 % per annum, according to the terms and conditions set out therein. 8. That in order to better secure the payment of the said note and debt, in accordance with the terms and conditions thereof, the said Patricia Morris Perez and Pablo Marquez Perez executed and delivered on January 29, 2021 a mortgage of real estate to Vanderbilt Mortgage and Finance, Inc., and its successors and assigns, covering the following described property: ALL THAT PARCEL OR LOT OF LAND WITH ANY BUILDINGS OR IMPROVEMENTS THEREON, CONTAINING 6.44 ACRES, MORE OR LESS, SITUATE, LYING AND BEING IN SAINT PAULS PARISH, CHARLESTON COUNTY, SOUTH CAROLINA KNOWN AND DESIGNATED AS TOTAL LOT A INCLUDING HIGHLAND OF 5,001 ACRES AND MARSHLAND OF 1.443 ACRES AS SHOWN ON THAT PLAT MADE BY GEORGE A, Z, JOHNSON, JR., INC., ENTITLED, "PLAT SHOWING THE SUBDIVISION OF NO. 4107 DAVISON ROAD, A TOTAL OF 13,089 ACRES INTO LOTS A AND B OWNED BY W.F. NEWTON, LOCATED IN SAINT PAULS PARISH, CHARLESTON COUNTY, SOUTH CAROLINA" DATED NOVEMBER 25, 2009 AND RECORDED INTO PLAT BOOK L10 AT PAGE 205 IN THE RMC OFFICE FOR CHARLESTON COUNTY, SOUTH CAROLINA; SAID LOT HAVING SUCH SIZE, SHAPE, DIMENSIONS, BUTTINGS AND BOUNDINGS AS WILL BY REFERENCE TO SAID PLAT MORE FULLY APPEAR. BEING the same property conveyed to the Patricia Morris Perez and Pablo Marquez Perez by deed of Mary Burgess Newton dated January 29, 2021 and recorded April 1, 2021 in Book 0977 at Page 539 in the ROD Office for Charleston County. Mobile Home:2021 SCHU VIN: RIC252590NCAB TMS #: 244-00-0-265 (lot) MH00057680 (mobile home license #) 9. That on April 1, 2021, said mortgage was recorded in the Office of the Register of Deeds for Charleston County in Book 0977 at Page 541. 10. That said mortgage evidences and secures the repayment of money advanced by the mortgagee to, or on behalf of, the mortgagor and constitutes a first lien on the mortgaged premises, 11. That in order to better secure the payment of said note and debt, a lien was placed upon the mobile home herefore owned by Patricia Morris Perez and Pablo Marquez Perez to wit: 2021 SCHU VIN: RIC252590NCAB (“Collateral”), FOR A FIRST CAUSE OF ACTION (Quiet Title) 12, That Plaintiff reincorporates and realleges each of the following allegations as fully as if repeated herein verbatim. 13. That in the chain of title, William F. Newton owned 13 and 3/7 acres, which included the 6.44 acre subject property as shown on plat by George A. Z, Johnson, Jr., recorded in Plat Book L10 at Page 205 in the RMC for Charleston County, 14, That William F. Newton died intestate in May of 1949. That at the time of his death, William F. Newton had a wife, Annie Watts Newton, and three children, William F. Newton, Jr. (a/k/a William T. Newton a/k/a WT Newton), James Truman Newton (a/k/a James T. Newton a/k/a Truman J. Newton), and Janie N. Newton (a/k/a Anne N, Fisk a/k/a Anne Newton Fisk). 15. That although an estate was opened for William F. Newton, there was no Deed of Distribution for the 13 and 3/7 acres, Therefore, all unknown heirs of William F. Newton and all other persons entitled to claim under or through them, being a class designated as Mary Roe; all Unknown persons with any right, title or interest in the real estate described herein, being a class designated as Jane Doe; also any Unknown 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, persons under a Disability or persons incarcerated, being a class designated as Richard Roe are named as party defendants herein. 16. That Annie Watts Newton died testate on or about September 29, 1992. That an estate was opened in Charleston County Probate Court, 1993-ES-10-00908, 17. That Annie Watts Newton had three children who were her devisees. Those children are William T. Newton, James T. Newton, and Anne N, Fisk. 18. That Anne Newton Fisk (a/k/a Anne N. Fisk a/k/a Janie N, Newton) conveyed her interest in the 13 3/7-acre tract to Truman J. Newton (a/k/a James Truman Newton a/k/a James T. Newton) and William T. Newton (a/k/a WT Newton a/k/a William F, Newton, Jr.) by Quit Claim Deed dated August 18, 2000 and recorded August 25, 2000 in Book $353 at Page 834 in the Charleston County Register of Deeds. 19, That on May 4, 2015, William Allen Newton, son of William T. Newton, conveyed his right, title and interest in the 13 3/7 acres to Truman J. Newton by Quit Claim Deed recorded in Book 403 at Page 218 in the Charleston County Register of Deeds. 20. That on May 4, 2015, William T. Newton conveyed his right, title and interest in the 6.4444-acre subject property (known and designated as Total Lot A, including Highland of 5.001 acres and Marshland of 1.443 acres, as shown on that plat made by George A.Z. Johnson, Jr, Inc., entitled “PLAT SHOWING THE SUBDIVISION OF NO, 4107 DAVISON ROAD, A TOTAL OF 13,089 ACRES INTO LOTS A AND B, OWNED BY W.F. NEWTON, LOCATED IN SAINT PAULS PARISH, CHARLESTON COUNTY, SOUTH CAROLINA” dated November 25, 2009, and recorded in Plat Book L10 at Page 205 in the RMC Office for Charleston County, South Carolina) to Truman J, Newton by Quit Claim Deed recorded in Book 403 at Page 218 in the Charleston County Register of Deeds. 21. That Truman J, Newton died testate on or about August 19, 2017. That an estate was opened in the Charleston County Probate Court, 2019-ES-10-04-77. 22. That Mary B. Newton, per provision of the Last Will and Testament of Truman J. Newton, was appointed as Personal Representative of the estate, and was devised all property of Truman J, Newton, 23. That a Deed of Distribution conveying the subject 6.444-acre property from the Estate of Truman J. Newton to Mary B. Newton was recorded on January 9, 2020 in Book 0851 at Page 744 in the Office of the Register of Deeds for Charleston County. 24, That Mary Burgess Newton conveyed the subject 6.444-acre property to Patricia Morris Perez and Pablo Marquez Perez via Title to Real Estate dated January 29, 2021, and recorded April 1, 2021 in Book 0977 at Page 539 in the Office of the Register of Deeds for Charleston County. 25, That although there was no Deed of Distribution from the Estate of William F. Newton, Plaintiff alleges it was the intent of the decedent that the real property owned by said decedent be conveyed to his wife, Annie Watts Newton, and children, William F. Newton, Jr. a/k/a William T. Newton a/k/a WT Newton, James Truman Newton a/k/a James T. Newton a/k/a Truman J. Newton, and Janie N. Newton a/k/a Anne N. Fisk a/k/a Anne Newton Fisk. 26. Plaintiff alleges that subsequent to the conveyance of property from the Estate of William F, Newton, the subject property was properly conveyed to successive owners, 27. Plaintiff is informed and believes it is entitled to an Order of this Court declaring that the entire interest in and to the subject property was conveyed to Patricia Morris Perez and Pablo Marquez Perez, and that Patricia Morris Perez and Pablo Marquez Perez are currently the rightful owners of the subject property in fee simple, with all rights appurtenant thereto, thereby quicting the title in the name of Patricia Morris Perez and Pablo Marquez Perez. FOR A SECOND CAUSE OF ACTION (Mortgage Foreclosure) 28, That Plaintiff reincorporates and realleges each of the following allegations as fully as if repeated herein verbatim. 29, That according to the terms and conditions of said Note and Mortgage, it is provided that, in the event of default in the payment of an installment when due, the entire principal and accrued interest shall at once become due and payable at the option of the holder. 30. That the monthly payments due on said Note and Mortgage are in default; that the conditions of said Note and Mortgage have been broken; that the Plaintiff elects to and does, declare the entire balance of said indebtedness due and payable; that the principal balance as of which has been in default since January 1, 2024, is $201,336.56; that also due and owing is interest as provided at the rate set forth in the Note; that also due are late charges and the costs and disbursements of this action, including attorney’s fees, 31. That it has become and is necessary for the Plaintiff to employ legal counsel to prosecute this action; and that a reasonable fee for the services of the Plaintiff's counsel should, according to the terms of said note and mortgage, be added to the amount of the mortgage debt. 32, Pursuant to '37-3-105, South Carolina Code of Laws (1976 as amended), the mortgage lien, which is subject to this action, is a first lien on real estate and is not a ‘consumer loan’ for the purposes of the South Carolina Consumer Protection Code. Any notices of right to cure have been given as required. 33, That the Plaintiff has advanced and/or may advance certain sums for taxes and insurance and for inspecting and/or securing the subject property, which sums, according to the terms of said mortgage, should be added to the amount of the mortgage debt. 34. That the Plaintiff claims no deficiency judgment, and any right to same is specifically waived, FOR A THIRD CAUSE OF ACTION (Mobile Home Repossession) 35, The Plaintiff reincorporates and realleges each of the foregoing allegations as fully as if repeated herein verbatim. 36. That upon information and belief, the Defendants Patricia Morris Perez and Pablo Marquez Perez, are in possession of and residing in the said mobile home, possession of which is sought by the Plaintiff in this action. 37. That the Plaintiff, Vanderbilt Mortgage and Finance, Inc. is entitled to enforce its lien upon such mobile home. 38. That the Plaintiff is informed and believes that it is entitled to an Order granting possession of the Defendants’ mobile home to the Plaintiff; but that the Plaintiff requests that the Defendants’ mobile home be sold jointly with the mortgaged real property described herein. WHEREFORE, having fully set forth its Complaint, the Plaintiff prays that this Honorable Court inquire into the matters set forth herein; and Find that the Plaintiff is entitled to an Order of this Court declaring that the entire interest in and to the subject property was conveyed to Patricia Morris Perez and Pablo Marquez Perez, and that Patricia Morris Perez and Pablo Marquez Perez are currently the rightful owners of the subject property in fee simple, with all rights appurtenant thereto, thereby quieting the title in the name of Patricia Morris Perez and Pablo Marquez Perez; and Find that the Plaintiff's mobile home lien be declared a first lien and that the Plaintiff have judgment of foreclosure for the amount so found to be due and owing thereon, together with any taxes, insurance premiums and/or inspection or securing expenses, which may have been paid, a reasonable sum as attorney's fees and the costs of this action; and That the Plaintiff's collateral (real property and mobile home) be sold together under the direction of this Court, that 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 sale, and Second, to the payment and discharge of the amount due on the Plaintiff's note and mortgage, together with attorney's fees and costs as aforesaid, and Third, the surplus, if any, be distributed pursuant to Rule 71 of the South Carolina Rules of Civil Procedure; and That the Court issue an Order directing the South Carolina Department of Motor Vehicles to issue a Certificate of Title for the subject mobile home in favor of the successful purchaser, and/or its successors and assigns, at the foreclosure sale; and That the Court issue an Order directing the Sheriff to place the successful purchaser at the foreclosure sale in possession of the subject mobile home and real property, and all persons claiming thereunder and the removal therefrom of all furnishings, fixtures and items not subject to the lien of the Plaintiff's Mortgage, which personal property, if not removed shall be deemed abandoned and shall be removed by the Plaintiff or its agents from the Mortgaged Property by placing said property on the public street or highway or by any other means, including by force, if necessary; and An Order granting the appointment of a receiver, should it become necessary, to secure and supervise the rental of the property to be foreclosed with the authority to take possession thereof and collect rents, issues and profits thereon during the pendency of this action and to hold the same as further security for Plaintiff’s debt; and An Order be entered for reimbursement of all costs of inspecting and securing the property incurred by the Plaintiff as a result of the delinquency; and The Defendants, and all persons whomever claiming by and through said Defendants, be forever barred of right, title and interest, of, in and to the Mortgaged Property and Collateral, and each and every part thereof; and For such other and further relief as may be just and proper. s/ B. Lindsay Crawford, [V B. Lindsay Crawford, IL] (SC Bar# 6510) Theodore von Keller (SC Bar# 5718) B. Lindsay Crawford, IV (SC Bar# 101707) Charley F. MacInnis (SC Bar# 104326) Jason Hunter (SC Bar# 101501) Eric H. Nelson (SC Bar# 104712) Crawford & von Keller, LLC P.O. Box 4216 1640 St. Julian Place (29204) Columbia, SC 29240 Phone: 803-790-2626 Email: court@crawfordvk.com Attorneys for Plaintiff Columbia, South Carolina May 21 2024