Daily Legal News - Foreclosure Notices
915557—Select Portfolio Servicing, Inc. vs. John Cesa, et al.
Unknown Heirs, Legatees, Devisees, Executors, Administrators and Assigns, and their Spouses, if any, of Rosemary Cesa fka Rosemary Thomas, whose last known place of residence and present place of residence are unknown, will take notice that on May 17, 2019, the undersigned, Select Portfolio Servicing, Inc., filed its complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that the defendants named above have or may claim to have an interest in the following described real estate to wit:
Permanent Parcel No. 795-17-012
Address: 7472 Painter Rd., Bedford, OH 44146.
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 due to an inadvertent mistake and scrivener's error of fact between the parties thereto, the conveyance deed recorded as Instrument No. 201308290257 and the mortgage recorded as Instrument No. 201808290258 contained an incomplete and incorrect legal description. The sentence "... beginning at the intersection of the centerline of boradway (100)," has an incorrect spelling, it should be, "beginning at the intersection of the centerline of broadway (100 feet).
Because this was the result of scrivener's error and because this mistake was a mutual mistake of fact between the parties to said document, Plaintiff is entitled to have the above described mortgage and deed reformed to include the legal description as described above; and Plaintiff is further entitled to an order of this Court decreeing the above described property to be encumbered by the subject mortgage and deed.
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 25th day of July, 2019.
SELECT PORTFOLIO SERVICING, INC.
By Carrie L. Davis, Thomas M. Drinan, Michael R. Brinkman, Steven H. Patterson and Yanfang Marilyn Ramirez, Attorneys for Plaintiff. Reisenfeld & Associates, LLC, 3962 Red Bank Road, Cincinnati, OH 45227. (513) 322-7000.