Daily Legal News - Common Pleas Notices
945534—Jason Boers vs. Huntington National Bank, et al.
Unknown Heirs of Theodore Guzenske, the place of residence of each being unknown, will take notice that on March 25, 2021, the undersigned, Jason Boers, filed his complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that Plaintiff is an individual resident of the state of Ohio who owns residential real property with a common address of 6903 Highland Drive, City of Solon, Cuyahoga County, Ohio 44139, (Cuyahoga County Parcel No. 955-33-096) (the "Property").
The legal description in the Boers Deed should have used the new, consolidated legal description created in the Plat of Consolidation.
The aforementioned inaccuracy in the legal description of the Property was an obvious scrivener's error.
Plaintiff is entitled to reformation of the Boers Deed to have the correct legal description comporting with the County's records, to wit:
Situated in the City of Solon, County of Cuyahoga and State of Ohio: and known as being Parcel A in The Plat of Consolidation for Theodore J. Guzenske as part of Original Solon Township Lot Nos. 9 and 12, Tract No. 3 as shown by the recorded plat in Volume 356 of Maps, Page 97 of Cuyahoga County Records, be the same more or less, but subject to all legal highways.
6903 Highland Drive
Plaintiff is without an adequate remedy at law, and unless the Court, in furtherance of its equitable jurisdiction orders the requested reformation of the legal description of the Boer's Deed, the Plaintiff will suffer irreparable loss, damage, and injury because he will not be able to further convey the Property.
Wherefore, Plaintiff requests that the legal description of the Property set forth in the Boer's Deed be reformed to accurately reflect the new legal description set forth in the Plat of Consolidation.
The defendants named above are required to answer on or before the 8th day of July, 2021.
By Cynthia P. McNamee, Attorney for Plaintiff.