Daily Legal News - Foreclosure Notices
904502—MidFirst Bank vs. Daniel Orellana, Jr., et al.
Wilbur H. Fenton, whose last known place of residence is 845 Mansfield Street, Sheffield Lake, OH 44054, otherwise whose place of residence is unknown, will take notice that on September 27, 2018, the undersigned, MidFirst Bank, 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 $71,871.05, plus any sums advanced, with interest at 4.5000% per annum from March 1, 2018, on a promissory note secured by a mortgage deed of even date conveying the following described property to wit:
Permanent Parcel No. 012-08-029
Address: 5724 Bangor Ave., Cleveland, Ohio 44144.
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 defendant, Daniel Orellana, Jr., and delivered by him to the plaintiff contained an incorrect legal description, in the words "...Northcliff Subdivision..." should read "...Northcliffe Subdivision...".
Because these mistakes were the result of a scrivener's error and mutual mistake of fact between the parties to the said document, plaintiff is entitled to have the above described mortgage reformed so as to have the appropriate legal description as hereinabove set forth: and plaintiff is further entitled to an order of this Court decreeing that the property as described above be sold by the Sheriff of this County at Sheriff's Sale.
Plaintiff is entitled to a declaratory judgment from this Court that at the time of execution of said deed, Wilbur H. Fenton and June A. Fenton intended to convey the property described herein and any interest in the property described herein held by Wilbur H. Fenton and June A. Fenton 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 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 July, 2019.
By Olivia M. Earls, Carson A. Rothfuss and Bethany L. Suttinger, Attorneys for Plaintiff. Lerner, Sampson & Rothfuss, 120 East Fourth St., 8th Floor, Cincinnati, Ohio 45202. (513) 241-3100.