Daily Legal News - Probate Court Notices : 889825 Old Republic National Title Insurance Co.
889825—Old Republic National Title Insurance Company vs. Yacoub Hamdan, et al.
Siham Hanini, whose last known place of residence is 18403 Brick Mill Road, Strongsville, Ohio 44136, otherwise whose place of residence is unknown, will take notice that on September 5, 2018, the undersigned, Old Republic National Title Insurance Company, filed its amended complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that New Party Defendant Hanini has been unjustly enriched by the retention of the net sale proceeds from the sale of the Property in the 2017 Transfer concurrently with the issuance of the Policy which triggered Plaintiffs obligation to satisfy the Lien as well as having back taxes in the amount of $27,384.54 paid; that Plaintiff has been damaged as a result of the unjust enrichment of New Party Defendant Hanini.
Defendant Hanini transferred title to the Property to Bay West by General Warranty Deed; that Defendant Hanini breach the warranty covenants in the General Warranty Deed to Bay West; that Plaintiff is the successor for purposes of enforcement of the warranties contained in the deed from Hanini to Bay West pursuant to the subrogation provision contained in the Policy; that Plaintiff is contractually permitted to enforce the deed warranties granted to Bay West by New Party Defendant Hanini; that Plaintiff has been damaged as a result of the breach of warranty covenants in the deed from New Party Defendant Hanini to Bay West.
As a result of the payment of the Lien and retention of the net sale proceeds, Old Republic is entitles to contribution and/or indemnification from Defendants Hamdan and Hanini.
Now Wherefore, Old Republic National Title Insurance Company prays as follows:
(a) For a declaration of its rights under Policy No. OX-11896984 and for subrogation as to Counts One and Two;
(b) As and for compensatory damages in the amount in excess of $25,000.00 as to Counts Three, Four, Five and Six;
(c) For costs of this action;
(d) For all and any other relief which this court deems fair and equitable
The defendant named above is required to answer on or before the 7th day of February, 2019.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY.
By Amelia A. Bower, Attorney for Plaintiff.
Dec6-13-20-27, 2018Jan3-10, 2019