ELECTRONICALLY FILED - 2017 Oct 18 2:12 PM - SPARTANBURG - COMMON PLEAS - CASE#2017CP4203833

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

)
COUNTY OF SPARTANBURG )
)
Wilton E. Lawrence as Trustee of )
The Revocable Trust Agreement of )
Wilton Ernest Lawrence dated June 18, 2002, )
as amended, Jennifer Weaver as Co-Personal )
Representative of the Estate of Sylvia )
Abercrombie Lawrence, and )
Joyce McKeowen as Co-Personal )
Representative of the Estate of Sylvia )
Abercrombie Lawrence, )
)
SUMMONS AND NOTICE
Plaintiff, )
(Mortgage Foreclosure)
)
(Deficiency Demanded)
v. )
) (Non-Jury)
Todd C. Kohlhepp, Reid T. Sherard solely in )
his Official Capacity as Court-appointed )
Receiver of the assets of Todd C. Kohlhepp )
and not in his individual capacity, )
Seegars Fence Company, Inc. of Spartanburg, )
and Christine J. King, )
)
Defendants. )
)

TO THE DEFENDANT(S) NAMED ABOVE:

YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy of which
is herewith served upon you, and to serve a copy of your Answer to said Complaint upon the
subscriber at his office, 104 South Main Street, Suite 700, Greenville, South Carolina 29601 (or if
by mail to Post Office Box 447, Greenville, SC 29602), within thirty (30) days after service hereof,
exclusive of the day of such service. If you fail to answer the Complaint within the time aforesaid,
the Plaintiff will apply to the Court for the relief demanded therein, and judgment by default will be
rendered against you for the relief demanded in the Complaint.

YOU ARE FURTHER NOTIFIED that the Plaintiff will move for an Order of Reference or that the
court may issue a general Order of Reference of this action to the Master in Equity or to a Special
Referee pursuant to Rule 53, South Carolina Rules of Civil Procedure.

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 ELECTRONICALLY FILED - 2017 Oct 18 2:12 PM - SPARTANBURG - COMMON PLEAS - CASE#2017CP4203833
s/Weyman C. Carter
SC Bar No. 15255
McNAIR LAW FIRM, P.A.
Post Office Box 447
Greenville, SC 29602
(864) 271-4940
(864) 271-4015 facsimile
wcarter@mcnair.net
Attorney for the Plaintiffs
October 18, 2017

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 ELECTRONICALLY FILED - 2017 Oct 18 2:12 PM - SPARTANBURG - COMMON PLEAS - CASE#2017CP4203833
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
)
COUNTY OF SPARTANBURG )
)
Wilton E. Lawrence as Trustee of )
The Revocable Trust Agreement of )
Wilton Ernest Lawrence dated June 18, 2002, )
as amended, Jennifer Weaver as Co-Personal )
Representative of the Estate of Sylvia )
Abercrombie Lawrence, and )
Joyce McKeowen as Co-Personal )
Representative of the Estate of Sylvia )
Abercrombie Lawrence, )
)
Plaintiff, )
) COMPLAINT
v. ) (Non-Jury Foreclosure)
) (Deficiency Demanded)
Todd C. Kohlhepp, Reid T. Sherard solely in )
his Official Capacity as Court-appointed )
Receiver of the assets of Todd C. Kohlhepp )
and not in his individual capacity, )
Seegars Fence Company, Inc. of Spartanburg, )
and Christine J. King, )
)
Defendants. )
)

The Plaintiffs, complaining of the above-named Defendants, would respectfully allege and

show the Court that:

1. This is an action to foreclose a mortgage on real property located in Spartanburg

County, South Carolina.

2. The mortgage in held by the Plaintiffs was a purchase money mortgage retained by

individual sellers to secure repayment of a portion of the purchase price of the property. The

Home Affordable Modification Program is not applicable to this action.

3. The Plaintiffs are the owners and holders of the loan secured by the real property that is

the subject of this action.

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4. The Defendant Todd C. Kohlhepp is a citizen and resident of South Carolina currently

in the custody of the South Carolina Department of Corrections. Mr. Kohlhepp is the owner of

record of the subject property.

5. Reid T. Sherard is named as a Defendant solely in his Official capacity as Court-

appointed Receiver of the assets of Todd C. Kohlhepp (and in such capacity is referred to as the

“Receiver”) under an Order of the Court of Common Pleas entered on or about January 25, 2017

in Civil Action Number 2016-CP-42-04265 (the “Receivership Order”). Mr. Sherard is not named

in his individual capacity.

6. The remaining Defendants may hold or claim a lien or interest in the real property that

is the subject of this action.

7. On May 29, 2014, Wilton E. Lawrence and Sylvia A. Lawrence sold and conveyed a

tract of land to Todd C. Kohlhepp containing approximately 95.5 acres.

8. A portion of the purchase price was paid by means of a promissory note dated May 29,

2014 executed by Todd C. Kohlhepp payable to the order of Wilton E. Lawrence and Sylvia A.

Lawrence in the original principal amount of $205,632.00 (the “Note”).

9. The Note did not require payment of interest but required monthly principal

installments of $3,000.00 beginning on July 1, 2014 and continuing on the first day of each

successive month until July 1, 2018, at which time a balloon payment of $61,632.00 would be due.

The Note further provided for a late payment of $150.00 for each monthly payment not received

within 15 calendar days of the payment due date.

10. A true and correct copy of the Note is attached as Exhibit A and is incorporated herein.

11. In order to secure the indebtedness represented by the Note and to secure other

obligations as set forth therein, Todd C. Kohlhepp executed and delivered to Wilton E. Lawrence

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and Sylvia A. Lawrence a Mortgage dated May 29, 2014 (the “Mortgage”) encumbering real

property located in Spartanburg County, South Carolina (the “Premises”).

12. A true and correct copy of the Mortgage is attached hereto as Exhibit B and

incorporated herein by reference.

13. The Mortgage was recorded on May 30, 2014 at 9:20 a.m. in the Office of the Register

of Deeds for Spartanburg County in Mortgage Book 4858 at Page 335 and encumbers the

Premises which is described in the Mortgage as follows:

All that certain piece, parcel or lot of land, situate, lying and being in the State of
South Carolina, County of Spartanburg, being shown and designated as 95.86
acres, more or less, as shown on a survey prepared for Wilton Lawrence and Vickie
Lawrence, dated August 7, 1990 and recorded in Plat Book 110, Page 922, Office
of the Register of Deeds for Spartanburg County, S.C. For a more complete and
particular description, reference is hereby made to the above referred to plats and
records thereof.

LESS AND EXCLUDING: All that certain piece, parcel or lot of land being,
lying and situate northwest of Woodruff, Spartanburg County, South Carolina
being shown to contain a total of 0.35 acres of land on plat of survey for Wilton
Lawrence and Vickie Lawrence by Joe E. Mitchell, PLS, dated August 10, 1990
and being more particularly described as follows: Beginning at a point in the
northern corner of said parcel and running S. 50-05-20 E 98.3 to a point in the
center of South Carolina Hwy No. S42-198; thence S. 42-23-35 W. 122.57 feet to a
point, thence S. 34-27-25 W. 122.22 feet to a point; thence S. 26-58-30 W. 80.02
feet to a point; thence S. 22-22-45 W. 153.22 feet to a point; thence S. 22-00-05 W.
109.23 feet to a point; thence N. 20-26-30 E. 606.84 feet to the beginning point and
being bounded on the north by land of grantee herein and by land of Odell and
Mary M. Jennings and on the south by South Carolina Hwy. S42-198. Further
reference is hereby made to Deed Book 56-X, Page 28, Office of the Register of
Deeds for Spartanburg County, S.C.

The above referenced property is conveyed subject to any restrictive covenants, set
back lines, zoning ordinances, utility easements and rights of ways, if any, as may
be recorded in the Office of the Register of Deeds for Spartanburg County, S.C.

This being the same property conveyed to Todd C. Kohlhepp by deed of Wilton E.
Lawrence and Sylvia A. Lawrence dated May 29, 2014 and [recorded on May 30,
2014 in Deed Book 106-D at Page 966 in] the Office of the Register of Deeds for
Spartanburg County, S.C.

[Tax Parcel Number 4-18-00-018.02]

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[Property Address: Wofford Road, Woodruff, SC]

14. Proposed corrections and additions to the property description are shown in brackets in

the preceding paragraph; the Plaintiff asks that the property description be reformed to incorporate

the corrections and additions.

15. The Mortgage constitutes a first priority mortgage lien on the Premises and is a

purchase money mortgage.

16. Sylvia Lawrence died on October 25, 2015; her ownership interest in the Note and

Mortgage is a probate asset of her estate which is open in the Spartanburg County Probate Court.

Jennifer Weaver and Joyce McKeowen are the Personal Representatives of Mrs. Lawrence’s

estate.

17. Wilton E. Lawrence conveyed his ownership interest in the Note and Mortgage into a

trust established by the Revocable Trust Agreement of Wilton E. Lawrence dated June 18, 2002,

as amended (the “WEL Trust”); Wilton E. Lawrence currently serves as Trustee of the WEL Trust.

18. Wilton E. Lawrence assigned his interest “of record” by executing and recording an

Assignment of Note and Mortgage (the “Mortgage Assignment”) in the Office of the Register of

Deeds for Spartanburg County on February 3, 2017 in Mortgage Book 5235 at Page 450.

19. A true and correct copy of the Mortgage Assignment is attached hereto as Exhibit C

and incorporated herein by reference.

20. Todd C. Kohlhepp is in payment default under the Note for failure to pay the

monthly principal installments beginning with the installment due on November 1, 2016.

21. Todd C. Kohlhepp failed to pay the 2016 ad valorem taxes on the Premises when the

taxes became due, which is an event of default under the Mortgage. The Plaintiffs reserve the right

to advance funds to pay the delinquent property taxes and to recover the amount advanced as an

additional obligation secured by the Mortgage.

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22. The Note provides that the holders may, at their option, accelerate the loan and demand

payment in full if any installment remains unpaid for more than thirty (30 days.

23. The Plaintiffs, as the holder of the Note and Mortgage, have elected to accelerate the

Note and hereby demand immediate payment in full.

24. The amount due under the Note as of October 9, 2017 is as follows:

Principal $121,232.00

Late Charges $ 1,650.00

Total $122,882.00

25. The Note provides that the holders are entitled to recover a reasonable attorney’s fee in

an amount not less than ten percent (10%) of the Note amount.

26. The Plaintiffs are entitled to a judgment of foreclosure and sale of the Premises.

27. The Plaintiffs do not waive, but specifically demands a deficiency judgment against

Todd C. Kohlepp for any portion of the indebtedness that remains unsatisfied after application of

the proceeds of sale.

28. Under the Receivership Order, the Receiver has the authority to take such action

necessary to protect and manage Todd Kohlhepp’s assets. The Receiver has the authority to

market the assets for sale and to enter into a contract of sale, however, any sale is subject to the

approval of the circuit court.

29. Since the Receivership Order expressly does not “impair the rights of any creditors

concerning any secured positions of any other individual”, this action by the Plaintiffs seeking a

judicial sale of the Premises is not barred by the Receivership Order.

30. The following Defendants may claim a lien or interest in all or part of the Premises;

unless otherwise stated below, the lien or interest of the Defendant(s) is junior to the Mortgage

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held by the Plaintiffs:

a. Seegars Fence Company, Inc. of Spartanburg, by virtue of a judgment against

Todd Kohlhepp in the amount of $11,498.06 entered on or about January 5, 2017 in Judgment

Roll Number 2016-CP-42-04197.

b. Christine J. King, by virtue of a judgment against Todd Kohlhepp in the

amount of $3,380.00 enrolled on or about May 17, 2017 in Judgment Roll Number 2017-CP-42-

01761.

WHEREFORE, having fully set forth its Complaint, the Plaintiffs pray that the Court inquire

in to the matters set forth herein and:

a. That the amount due upon the Note and the Mortgage, together with attorney’s fees,

be ascertained and determined under the direction of the Court;

b. That the court reform the property description in the Mortgage to reflect the

corrections and additions as set forth herein;

c. That the Mortgage be declared a first mortgage or lien on the Premises;

d. That the Plaintiffs have judgment of foreclosure for the amount so found to be due

and owing under the Note and Mortgage;

e. That the Premises, be sold free and clear of all liens and interests (except that the sale

be subject to any ad valorem taxes or other senior liens), under the direction of the Court, that the

equity of redemption be barred, and that the proceeds of the sale be applied as follows):

FIRST, to the costs and expenses of the within action and sale;

SECOND, to the payment and discharge of the amount due to Plaintiffs under the Note and

Mortgage, together with costs and attorneys fees as aforesaid;

THIRD, the surplus, if any, be distributed according to law;

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f. For an Order directing and empowering the Sheriff of Spartanburg County, South

Carolina, to place the successful purchaser at such foreclosure sale in possession of the Premises

should the same become necessary;

g. That the Court grant a deficiency judgment against Todd C. Kohlhepp in the event

the proceeds of sale are not sufficient to pay the total amount due and owing under the Note and

Mortgage; and

h. For such other and further relief as this Court deems just and proper.

s/Weyman C. Carter
SC Bar No. 15255
McNAIR LAW FIRM, P.A.
Post Office Box 447
Greenville, SC 29602
(864) 271-4940
(864) 271-4015 facsimile
wcarter@mcnair.net
Attorney for the Plaintiffs
October 18, 2017

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Exhibit A
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Exhibit B
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Exhibit C
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