Daily Legal News - Foreclosure Notices
914178—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 Alice Smith, et al.
The Unknown Heirs, Devisees, Legatees, Executors, Administrators, Spouses and Assigns and the Unknown Guardians of Minor and/or Incompetent Heirs of Alice Smith, whose last known place of residence and present place of residence are unknown, will take notice that on April 19, 2019, the undersigned, Bank of New York Mellon Trust Company, N.A. as Trustee for Mortgage Assets Management Series I Trust, 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 $76,990.51 as of April 10, 2019 on a Home Equity Conversion Note secured by a mortgage deed of even date conveying the following described property to wit:
Permanent Parcel No. 109-23-071
Address: 1185 East 112th Street, Cleveland, Ohio 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 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 defendants does not contain the marital status of the mortgagors.
Plaintiff is informed and believes that Alice Smith 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 further says that as the result of a scrivener's error and mutual mistake of fact between the parties thereto, the Home Equity Conversion Mortgage executed by the borrower, Alice Smith, and delivered by her to the plaintiff contained an incorrect legal description, in the words, "Situated in the City of Cleveland" were omitted and the words "E.Q. Porter" should read "E.Q. Potter's."
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 Home Equity Conversion 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 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 29th day of July, 2019.
BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS TRUSTEE FOR MORTGAGE ASSETS MANAGEMENT SERIES I TRUST.
By Jeffrey R. Helms, Kerri N. Bruckner, Richard Mark Rothfuss II and Ashley E. Rothfuss, Attorneys for Plaintiff. Lerner, Sampson & Rothfuss, 120 East Fourth St., 8th Floor, Cincinnati, Ohio 45202. (513) 241-3100.