Daily Legal News - Foreclosure Notices
909553—Deutsche Bank National Trust Company, as Indenture Trustee for Argent Mortgage Loan Trust 2005-W1, Asset-Backed Notes Series 2005-W1 vs. Carol Y. Hinnant aka Carol Hinnant, et al.
Chemical Bank as Trustee under the Pooling and Servicing Agreement nka JP Morgan Chase & Co., whose last known address is 383 Madison Ave., New York, NY 10017, otherwise whose address is unknown; and Chemical Bank as Trustee under the Pooling and Servicing Agreement nka JP Morgan Chase & Co., whose last known address is c/o Registered Agent Dean Nielsen, 999 East Main Street, Ravenna, OH 44266, otherwise whose address is unknown, will take notice that on January 14, 2019, the undersigned, Deutsche Bank National Trust Company, as Indenture Trustee for Argent Mortgage Loan Trust 2005-W1, Asset-Backed Notes Series 2005-W1 c/o Ocwen Loan Servicing, LLC, 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. 140-21-037
Address: 18505 Harvard Ave., Cleveland, OH 44122.
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 mortgage executed by the primary defendant and delivered to the Plaintiff contained an incomplete and incorrect legal description.
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 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.
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 9th day of August, 2019.
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR ARGENT MORTGAGE LOAN TRUST 2005-W1, ASSET-BACKED NOTES SERIES 2005-W1 C/O OCWEN LOAN SERVICING, LLC.
By Carrie L. Davis, Thomas M. Drinan, Michael R. Brinkman, Steven H. Patterson, Yanfang Marilyn Ramirez and Rachel K. Pearson, Attorneys for Plaintiff. Reisenfeld & Associates, LLC, 3962 Red Bank Road, Cincinnati, OH 45227. (513) 322-7000.