Daily Legal News - Foreclosure Notices
922313—MidFirst Bank vs. Jacqueline Wilkins, as possible heir to the estate of James L. Wilkins, et al.
John Doe(s) Name(s) Unknown, the Unknown heirs, devisees, legatees, beneficiaries of James L. Wilkins, and their unknown spouses and creditors; and the Unknown Spouse of James L. Wilkins, whose last known place of residence and present place of residence are unknown, will take notice that on September 27, 2019, 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 the defendants named above have or may claim to have an interest in the following described real estate to wit:
Permanent Parcel No. 544-09-044
Address: 10921 McCracken Road, Garfield Heights, OH 44125.
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.
As the result of scrivener's error, excusable neglect, and mutual mistake of fact between the parties thereto, the Mortgage contained an incorrect legal description.
Because this mistake was the result of a scrivener's error, excusable neglect, and mutual mistake of fact between the parties, Plaintiff is entitled to have the Mortgage reformed so as to contain the correct legal description as described above.
Plaintiff has no adequate remedy at law.
Plaintiff is entitled to an order of this Court decreeing that the Property described by the correct legal description above be sold by the Sheriff of this county at judicial sale.
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 22nd day of November, 2019.
By Richard J. Sykora, Ann Marie Johnson, Justin M. Ritch and Matthew P. Curry, Attorneys for Plaintiff. Manley Deas Kochalski, LLC. P.O. Box 165028, Columbus, OH 43216-5028. (614) 222-4921.