Daily Legal News - Foreclosure Notices

  • Legal Notice

    910509—Bank of New York Mellon Trust Company, N.A. as Trustee for Mortgage Assets Management Series I Trust vs. The Unknown Heirs, Devisees, Legatees, Executors, Administrators, Spouses and Assigns and the Unknown Guardians of Minor and/or Incompetent Heirs of George VanCuren aka George Van Curen aka George David Van Curen, et al.

    The Unknown Heirs, Devisees, Legatees, Executors, Administrators, Spouses and Assigns and the Unknown Guardians of Minor and/or Incompetent Heirs of George VanCuren aka George Van Curen aka George David Van Curen, whose last known place of residence and present place of residence are unknown; The Unknown Heirs, Devisees, Legatees, Executors, Administrators, Spouses and Assigns and the Unknown Guardians of Minor and/or Incompetent Heirs of Thomas Zellers aka Thomas A. Zellers, whose last known place of residence and present place of residence are unknown; The Unknown Heirs, Devisees, Legatees, Executors, Administrators, Spouses and Assigns and the Unknown Guardians of Minor and/or Incompetent Heirs of Rita Delewski, whose last known place of residence and present place of residence are unknown; and June Doe, unknown spouse of George R. Krocker as of 02/09/06, whose last known place of residence and present place of residence are unknown, will take notice that on February 1, 2019, the undersigned, Bank of New York Mellon Trust Company, N.A. as Trustee for Mortgage Assets Management Series I Trust c/o Compu-Link Corporation, dba Celink, 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 $42,815.49 as of January 24, 2018 on a Home Equity Conversion Note secured by a mortgage deed of even date conveying the following described property to wit:

    Permanent Parcel No. 013-04-020

    Address: 3585 West 60th Street, Cleveland, Ohio 44102.

    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 further says that as the result of a scrivener's error and mutual mistake of fact between the parties thereto, the mortgage executed by the primary defendant does not contain sufficient marital status of the mortgagor.

    Plaintiff is informed and believes that George VanCuren aka George Van Curen aka George David Van Curen was in fact unmarried at the time of the execution of the plaintiff's mortgage.

    Because this mistake was the result of a scrivener's error and mutual mistake of fact between the parties to said document, plaintiff is entitled to have the above described mortgage reformed to properly state "unmarried" in said mortgage. Plaintiff is further entitled to an order of this Court decreeing the property as described in Plaintiff's mortgage be sold at Sheriff's Sale.

    Plaintiff is entitled to a declaratory judgment from this Court that at the time of execution of said deed, Rita Delewski intended to convey the property described herein and any interest in the property described herein held by Rita Delewski is encumbered by the mortgage held by plaintiff.

    Plaintiff is entitled to a declaratory judgment from this Court that at the time of execution of said deed. Thomas Zellers aka Thomas A. Zellers intended to convey the property described herein and any interest in the property described herein held by Thomas Zellers aka Thomas A. Zellers is encumbered by the mortgage held by plaintiff.

    Plaintiff further alleges that by reason of the default of the defendant obligors in the payment of a Home Equity Conversion 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 21st day of June, 2019.

    BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS TRUSTEE FOR MORTGAGE ASSETS MANAGEMENT SERIES I TRUST C/O COMPU-LINK CORPORATION, DBA CELINK.

    By Jeffrey R. Helms, Kerri N. Bruckner and Richard Mark Rothfuss II, Attorneys for Plaintiff. Lerner, Sampson & Rothfuss, 120 East Fourth St., 8th Floor, Cincinnati, Ohio 45202. (513) 241-3100.

    May10-17-24, 2019

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