Daily Legal News - Foreclosure Notices
908165—Anson Street, LLC vs. Vernon Norman, et al.
Ameriquest Funding II Reo Subsidiary, LLC, whose last known address is 1100 Town & Country Road, Suite 1200, Orange, CA 92868, otherwise whose address is unknown, will take notice that on December 10, 2018, the undersigned, Anson Street, LLC, filed its complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that the defendant named above has or may claim to have an interest in the following described real estate to wit:
Permanent Parcel No. 108-27-048
Address: 10712 Bryant Avenue, Cleveland, OH 44108.
A copy of the full legal description may be obtained from the County Auditor's Office, 2079 East Ninth Street, Cleveland, OH 44115. (216) 443-7010.
Plaintiff seeks a declaration from this Court, pursuant to the provisions of the Ohio Declaratory Judgment Act, R.C. §2721.01 et seq.
Pursuant to the provisions of R.C. §2721.03, this Court has jurisdiction to declare the rights and obligations of parties to a contract when a dispute arises therefrom. The declaration has the effect of a final judgment or decree.
A declaration by this Court will terminate the controversies between the parties and remove uncertainties as to the person entitled to enforce the Note and Mortgage.
Plaintiff is entitled to a Declaratory Judgment establishing Plaintiff as the person entitled to enforce the Note and Mortgage.
Ameriquest Funding II Reo Subsidiary, LLC (the "Prior Holder") transferred all right, title, and interest in the Note and Mortgage to Plaintiff.
An assignment of the Mortgage to Plaintiff from Ameriquest Funding II Reo Subsidiary, LLC was not provided or has been inadvertently lost or misplaced.
The Prior Holder has refused to execute the necessary documents, or are unable to execute an assignment of the Mortgage.
The Plaintiff is entitled to a finding by the Court that it is the current person entitled to enforce the Note and Mortgage and that Defendant Ameriquest Funding II Reo Subsidiary, LLC no longer holds any legal or equitable interest in the Note and Mortgage.
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 defendant named above be required to answer and set up his or her 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 defendant named above is required to answer on or before the 19th day of March, 2019.
ANSON STREET, LLC.
By Justin M. Ritch, Ann Marie Johnson, Richard J. Sykora and Matthew P. Curry, Attorneys for Plaintiff. Manley Deas Kochalski, LLC. P.O. Box 165028, Columbus, OH 43216-5028. (614) 222-4921.