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STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
COUNTY OF CHARLESTON
CASE NO. 2024-CP-10-
Wilmington Savings Fund Society, FSB, not in its
individual capacity but solely as Certificate SUMMONS
Trustee of Bosco Credit II Trust Series 2010-1 (Mortgage Foreclosure)
Non-Jury
Plaintiff, (Weficiency Judgment Demanded)
-vs-
Angel G. Hernandez; Wendi F. Hernandez; Ditech
Mortgage Corp. successor in interest to Green Tree
Servicing LLC successor in interest to Conseco
Finance Servicing Corp successor in interest to
Green Tree Financial Servicing Corp
Defendants
1043-24-0002-01
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, HI
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
June 11, 2024
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
COUNTY OF CHARLESTON
CASE NO. 2024-CP-10-
Wilmington Savings Fund Society, FSB, not in its
individual capacity but solely as Certificate COMPLAINT
Trustee of Bosco Credit II Trust Series 2010-1 (Mortgage Foreclosure)
Non-Jury
Plaintiff, (Deficiency Judgment Demanded)
-Vs-
Angel G, Hernandez; Wendi F. Hernandez; Ditech
Mortgage Corp. successor in interest to Green Tree
Servicing LLC successor in interest to Conseco
Finance Servicing Corp successor in interest to
Green Tree Financial Servicing Corp
Defendants
1043-24-0002-01
The Plaintiff, complaining of the Defendants above-named, would respectfully show unto this
Honorable Court:
1 Pursuant to S.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 on or about October 14, 1998, for value received, Wendi F. Hernandez and Angel G.
Hernandez executed and delivered to Green Tree Financial Servicing Corporation a certain promissory
note, in writing, by which said maker promised to pay to Green Tree Financial Servicing Corporation the
sum of $13,545.00, together with interest thereon at the rate of 17.490 % per annum, according to the
terms and conditions set out therein.
7 That in order to better secure the payment of the said note and debt, in accordance with
the terms and conditions thereof, the said Wendi F. Hernandez and Angel G. Hernandez executed and
delivered on October 14, 1998 a mortgage of real estate to Green Tree Financial Servicing Corporation,
and its successors and assigns, covering the following described property:
ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND TOGETHER WITH THE
BUILDINGS AND IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN
THE CITY OF NORTH CHARLESTON, COUNTY OF CHARLESTON, STATE OF
SOUTH CAROLINA, BEING KNOWN AND DESIGNATED AS LOT 36, BLOCK C,
THE TIMBERS SUBDIVISION, SHOWN AND DESCRIBED ON THAT CERTAIN
PLAT BY TRICO SURVEYORS, INC. ENTITLED, "PLAT SHOWING THE TIMBERS
SUBDIVISION, A 11.753 ACRE TRACT OF LAND, PROPERTY OF PHIL-JO
CONSTRUCTION CO., LOCATED IN THE CITY OF NORTH CHARLESTON,
CHARLESTON COUNTY, SOUTH CAROLINA, DATED NOVEMBER 3, 1988, AND
REVISED DECEMBER 29, 1988, AND RECORDED JANUARY 4, 1989, IN THE
R.M.C, OFFICE FOR CHARLESTON COUNTY, SOUTH CAROLINA, IN PLAT
BOOK BU, AT PAGE 50.
BEING THE SAME PROPERTY CONVEYED TO THE MORTGAGOR(S) HEREIN
BY DEED OF RODNEY W. CHANDLER AND LISA A, CHANDLER DATED
OCTOBER 8, 1994, AND RECORDED IN THE RMC OFFICE FOR CHARLESTON
COUNTY IN BOOK H253 AT PAGE 691.
TMS #: 486-15-00-076
8 That on October 19, 1998, said mortgage was recorded in the Office of the Register of
Deeds for Charleston County in Book Z312 at Page 688. Thereafter, Green Tree Financial Servicing
Corporation assigned said Mortgage to Franklin Credit Management Corporation by assignment dated
April 17, 2006 and recorded April 21, 2006, in Book B583 at Page 99. Thereafter, Franklin Credit
Management Corporation assigned said Mortgage to Wilmington Savings Fund Society FSB not in its
individual capacity but solely as Certificate Trustee of Bosco Credit II Trust Series 2010-1 by assignment
to be recorded.
9 That said mortgage evidences and secures the repayment of money advanced by the
mortgagee to, or on behalf of, the mortgagor and constitutes a second lien on the mortgaged premises.
FORA FIRST CAUSE OF ACTION
(Mortgage Foreclosure)
10. That Plaintiff reincorporates and realleges each of the following allegations as fully as if
repeated herein verbatim.
11. 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.
12. 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 February 19, 2006, is $6,649.98; 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.
13. 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.
14, 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.
15. 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.
16. That the Defendant, Ditech Mortgage Corp. successor in interest to Green Tree Servicing
LLC successor in interest to Conseco Finance Servicing Corp successor in interest to Green Tree
Financial Servicing Corp, may have or claim to have an interest in the subject property by virtue of a
mortgage given by Wendi F. Hernandez and Angel G. Hernandez to Green Tree Financial Servicing
Corporation in the original amount of $85,785.00, dated October 14, 1998, and recorded on October 19,
1998, in the Office of the Register of Deeds for Charleston County in Book Z312 at Page 681. Upon
information and belief, the above referenced mortgage is senior and superior to the Plaintiff's Mortgage.
Any foreclosure sale of the property which is the subject of this action shall be subject to this lien, as
well as ad valorem taxes or other liens/taxes given priority be statute.
17. That the Plaintiff has the right to seek a deficiency judgment against Wendi F. Hernandez
and Angel G. Hernandez, That in the event the net amount realized by the Plaintiff upon the sale of the
subject property is insufficient to pay in full the total indebtedness of the Defendants, including costs of
the collection, the Plaintiff demands a personal judgment against said Defendants in the amount of such
deficiency.
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 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) 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 Sheriff to place the successful purchaser at the
foreclosure sale in possession of the subject 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 Defendant(s), and all persons whomever claiming by and through said Defendant(s), 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, IIL
B. Lindsay Crawford, [II (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
June 11, 2024
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STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF CHARLESTON CASE NO. 2024-CP-10- Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Certificate SUMMONS Trustee of Bosco Credit II Trust Series 2010-1 (Mortgage Foreclosure) Non-Jury Plaintiff, (Weficiency Judgment Demanded) -vs- Angel G. Hernandez; Wendi F. Hernandez; Ditech Mortgage Corp. successor in interest to Green Tree Servicing LLC successor in interest to Conseco Finance Servicing Corp successor in interest to Green Tree Financial Servicing Corp Defendants 1043-24-0002-01 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, HI 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 June 11, 2024 STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF CHARLESTON CASE NO. 2024-CP-10- Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Certificate COMPLAINT Trustee of Bosco Credit II Trust Series 2010-1 (Mortgage Foreclosure) Non-Jury Plaintiff, (Deficiency Judgment Demanded) -Vs- Angel G, Hernandez; Wendi F. Hernandez; Ditech Mortgage Corp. successor in interest to Green Tree Servicing LLC successor in interest to Conseco Finance Servicing Corp successor in interest to Green Tree Financial Servicing Corp Defendants 1043-24-0002-01 The Plaintiff, complaining of the Defendants above-named, would respectfully show unto this Honorable Court: 1 Pursuant to S.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 on or about October 14, 1998, for value received, Wendi F. Hernandez and Angel G. Hernandez executed and delivered to Green Tree Financial Servicing Corporation a certain promissory note, in writing, by which said maker promised to pay to Green Tree Financial Servicing Corporation the sum of $13,545.00, together with interest thereon at the rate of 17.490 % per annum, according to the terms and conditions set out therein. 7 That in order to better secure the payment of the said note and debt, in accordance with the terms and conditions thereof, the said Wendi F. Hernandez and Angel G. Hernandez executed and delivered on October 14, 1998 a mortgage of real estate to Green Tree Financial Servicing Corporation, and its successors and assigns, covering the following described property: ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND TOGETHER WITH THE BUILDINGS AND IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE CITY OF NORTH CHARLESTON, COUNTY OF CHARLESTON, STATE OF SOUTH CAROLINA, BEING KNOWN AND DESIGNATED AS LOT 36, BLOCK C, THE TIMBERS SUBDIVISION, SHOWN AND DESCRIBED ON THAT CERTAIN PLAT BY TRICO SURVEYORS, INC. ENTITLED, "PLAT SHOWING THE TIMBERS SUBDIVISION, A 11.753 ACRE TRACT OF LAND, PROPERTY OF PHIL-JO CONSTRUCTION CO., LOCATED IN THE CITY OF NORTH CHARLESTON, CHARLESTON COUNTY, SOUTH CAROLINA, DATED NOVEMBER 3, 1988, AND REVISED DECEMBER 29, 1988, AND RECORDED JANUARY 4, 1989, IN THE R.M.C, OFFICE FOR CHARLESTON COUNTY, SOUTH CAROLINA, IN PLAT BOOK BU, AT PAGE 50. BEING THE SAME PROPERTY CONVEYED TO THE MORTGAGOR(S) HEREIN BY DEED OF RODNEY W. CHANDLER AND LISA A, CHANDLER DATED OCTOBER 8, 1994, AND RECORDED IN THE RMC OFFICE FOR CHARLESTON COUNTY IN BOOK H253 AT PAGE 691. TMS #: 486-15-00-076 8 That on October 19, 1998, said mortgage was recorded in the Office of the Register of Deeds for Charleston County in Book Z312 at Page 688. Thereafter, Green Tree Financial Servicing Corporation assigned said Mortgage to Franklin Credit Management Corporation by assignment dated April 17, 2006 and recorded April 21, 2006, in Book B583 at Page 99. Thereafter, Franklin Credit Management Corporation assigned said Mortgage to Wilmington Savings Fund Society FSB not in its individual capacity but solely as Certificate Trustee of Bosco Credit II Trust Series 2010-1 by assignment to be recorded. 9 That said mortgage evidences and secures the repayment of money advanced by the mortgagee to, or on behalf of, the mortgagor and constitutes a second lien on the mortgaged premises. FORA FIRST CAUSE OF ACTION (Mortgage Foreclosure) 10. That Plaintiff reincorporates and realleges each of the following allegations as fully as if repeated herein verbatim. 11. 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. 12. 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 February 19, 2006, is $6,649.98; 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. 13. 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. 14, 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. 15. 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. 16. That the Defendant, Ditech Mortgage Corp. successor in interest to Green Tree Servicing LLC successor in interest to Conseco Finance Servicing Corp successor in interest to Green Tree Financial Servicing Corp, may have or claim to have an interest in the subject property by virtue of a mortgage given by Wendi F. Hernandez and Angel G. Hernandez to Green Tree Financial Servicing Corporation in the original amount of $85,785.00, dated October 14, 1998, and recorded on October 19, 1998, in the Office of the Register of Deeds for Charleston County in Book Z312 at Page 681. Upon information and belief, the above referenced mortgage is senior and superior to the Plaintiff's Mortgage. Any foreclosure sale of the property which is the subject of this action shall be subject to this lien, as well as ad valorem taxes or other liens/taxes given priority be statute. 17. That the Plaintiff has the right to seek a deficiency judgment against Wendi F. Hernandez and Angel G. Hernandez, That in the event the net amount realized by the Plaintiff upon the sale of the subject property is insufficient to pay in full the total indebtedness of the Defendants, including costs of the collection, the Plaintiff demands a personal judgment against said Defendants in the amount of such deficiency. 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 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) 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 Sheriff to place the successful purchaser at the foreclosure sale in possession of the subject 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 Defendant(s), and all persons whomever claiming by and through said Defendant(s), 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, IIL B. Lindsay Crawford, [II (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 June 11, 2024