Daily Legal News - Foreclosure Notices
898401—MidFirst Bank vs. John H. Bourdess, Jr., et al.
John H. Bourdess, Jr., whose last known place of residence is 10702 Governor Avenue, Cleveland, OH 44111, otherwise whose place of residence is unknown; Jane Doe, Name Unknown, the Unknown Spouse of John H. Bourdess, Jr. HTTA John H. Bourdess (if any), whose last known place of residence is 10702 Governor Avenue, Cleveland, OH 44111, otherwise whose place of residence is unknown; and John H. Bourdess, whose last known place of residence is 10702 Governor Avenue, Cleveland, OH 44111, otherwise whose place of residence is unknown, will take notice that on May 14, 2019, the undersigned, MidFirst Bank, filed its amended 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 $82,403.04, plus any sums advanced, with interest at 6.25% per annum from November 1, 2017, on a promissory note secured by a mortgage deed of even date conveying the following described property to wit:
Permanent Parcel No. 018-14-111
Address: 10702 Governor Ave., Cleveland, OH 44111.
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.
The granting clause of the Mortgage states that the mortgagor's name as John H. Bourdess, Jr.
It was the intention of the parties that the granting clause state John H. Bourdess, Jr. HTTA John H. Bourdess.
Plaintiff has no adequate remedy at law.
Plaintiff is entitled to have the Mortgage reformed to correct the granting clause to John H. Bourdess, Jr. HTTA John H. Bourdess.
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 30th day of July, 2019.
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.