Daily Legal News - Foreclosure Notices
767735—GMAC Mortgage, LLC successor by merger to GMAC Mortgage Corporation vs. Chona T. Pasaron, et al.
Helene R. Sussman, whose last known place of residence is 1905 Ivy Point Lane, Las Vegas, NV 89134, otherwise whose place of residence is unknown; the unknown heirs, devisees, legatees, executors, administrators, spouses and assigns and the unknown guardians of minor and/or incompetent heirs of Helene R. Sussman, the place of residence of each being unknown, will take notice that on October 27, 2011, the undersigned, GMAC Mortgage, LLC successor by merger to GMAC Mortgage Corporation, filed its complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that there is due the plaintiff the sum of $122,500.05, plus any sums advanced, with interest at 6.3750% per annum from June 1, 2011, on a promissory note secured by a mortgage deed of even date conveying the following described property to wit:
Permanent Parcel No. 703-36-032
Situated in the City of South Euclid, County of Cuyahoga, and State of Ohio and known as being the Northerly 50 feet of Sublot No. 21 in the Wm. T. Arnos Subdivision of part of Original Euclid Township Lot No. 31, Tract 3, as shown by the recorded plat in Volume 44 of Maps, Page 20 of Cuyahoga County Records, and being 50 feet front on the Westerly side of Beaconwood Avenue, formerly Wood Street, and extending back between parallel lines 200 feet deep, as appears by said plat, be the same more or less, but subject to all legal highways.
Address: 1696 Beaconwood Avenue, South Euclid, OH 44121
Plaintiff further says that the defendants, Harold A. Sussman and Helene R. Sussman, attempted to transfer their interest in the subject property by virtue of a Deed filed for record on February 23, 2006, in Instrument No. 200602230760, of said County Recorder's Records.
Plaintiff alleges that it was the intention of the defendants, Harold A. Sussman and Helene R. Sussman, to convey their entire interest in the subject property to defendant Chona T. Pasaron, however the deed was not properly executed.
Plaintiff further states that it is entitled to have title quieted as against any and all claims of Harold A. Sussman and Helene R. Sussman.
Plaintiff further says it would not have lent money to the defendant without taking the subject premises as security for the Note, and that it was the intention of the parties that plaintiff be given a security interest in the subject property.
Plaintiff is entitled to an equitable mortgage on the subject property as security for its Note.
Plaintiff further says due to mutual mistake between the parties the deed to defendant, Chona T. Pasaron was improperly executed and acknowledged and as a result may not be effective to transfer the property.
Plaintiff is entitled to have the subject deed reformed to state Harold A. Sussman signed as the Power of Attorney for Helene R. Sussman as the signature to the deed in the acknowledgment clause.
Plaintiff further alleges that by reason of the default of the defendant obligors in the payment of a promissory note according to its tenor, the conditions of a concurrent mortgage deed given to secure the payment of said note and conveying the above described premises, have been broken and the same has become a deed absolute.
Plaintiff prays that the defendants named above be required to answer and set up their interest in said real estate, or be forever barred from asserting the same, for foreclosure of said mortgage, the marshaling of liens, and the sale of said real estate, and the proceeds of said sale applied to the payment of plaintiff's claim in the proper order of its priority and for such other and further relief as is just and equitable.
The defendants named above are required to answer on or before the 1st day of February, 2012.
GMAC MORTGAGE, LLC SUCCESSOR BY MERGER TO GMAC MORTGAGE CORPORATION.
By Tina R. Edmondson and Romi T. Fox, Attorneys for Plaintiff. Lerner, Sampson & Rothfuss, 120 East Fourth St., 8th Floor, Cincinnati, Ohio 45202, (513) 241-3100.
Dec21-28, 2011Jan4, 2012