U.S. Bank N.A. vs Zamora, Victoria
James Phelan Robinson, Attorney
Brady, Fischel & Daily, LLC
721 Melvin Avenue
Annapolis, Maryland 21401
IN THE CIRCUIT FOR BALTIMORE CITY MARYLAND Case No. 24-C-18-004478 OG U.S. BANK N.A., as trustee for Sasco Mortgage Loan Trust 2006-WF-2, Plaintiff v. FRANCES A. CARR, et al.,
AMENDED NOTICE PURSUANT TO MD RULE 2-122(c)
The substance of the Complaint in the captioned matter is as follows
By assignment dated October 14, 1970, the leasehold interest in the property commonly known as 5513 Lynview Avenue, Baltimore, Maryland 21215 (the "Property") was transferred by Ellis and Ruth Hightowitz to Viola McTeer a/k/a Viola Blackwell ("Ms. McTeer") (the "1970 Assignment"). The 1970 Assignment is recorded among the Land Records for Baltimore City at Liber 2704, folio 209. By deed dated December 11, 1984, the fee simple interest in the Property was transferred from Central Savings Bank to Charles Blackwell ("Mr. Blackwell") and Ms. McTeer (the "1984 Deed"). The 1984 Deed is recorded among the Land Records for Baltimore City at Liber 0387, folio 579. The 1984 Deed states that it was intended to merge the leasehold and reversionary interests in the Propeliy though Ms. McTeer does not explicitly convey her undivided interest in the leasehold estate to Mr. Blackwell.
On or about March 10, 2006, Ms. McTeer appointed her daughter, Shirley Tillie ("Ms. Tillie"), as her attorney-in-fact to execute all documents necessary to accomplish a refinance of the Property (the "Power of Attorney"). The Power of Attorney is recorded among the Land Records for Baltimore City at Liber 7590, folio 616. While the Power of Attorney is purportedly executed by Ms. McTeer, the notarization of Ms. McTeer's signature on the Power of Attorney states that the Power of Attorney was executed by Ms. Tillie as Ms. McTeer's attorney-in-fact. Thereafter, by deed dated March 10, 2006, Ms. Tillie, as attorney-in-fact for Ms. McTeer, transferred the Property from Ms. McTeer to Ms. McTeer and Ms. Tillie as joint tenants (the "2006 Deed"). The 2006 Deed is recorded among the Land Records for Baltimore City at Liber 7590, folio 618. The intent and expectation of the parties to the 2006 Deed was that the entire fee simple interest in the Property was held jointly by Ms. McTeer and Ms. Tillie as joint tenants.
In conjunction with the 2006 Deed, Ms. McTeer and Ms. Tillie obtained a purchase money loan in the principal amount of$50,000.00 from Citizens Trust Financial Group (the "2006 Loan"). Ms. McTeer and Ms. Tillie secured the 2006 Loan with their respective interests in the Property by virtue of a deed of trust dated March 10, 2006 (the "2006 Deed of Trust"). The 2006 Deed of Trust is executed by Ms. Tillie, both individually and as attorney-in-fact for Ms. McTeer. The 2006 Deed of Trust is recorded among the Land Records for Baltimore City at Liber 7590, folio 627. Plaintiff, U.S. Bank National Association as trustee for Sasco Mortgage Loan Trust 2006-WF-2 ("Plaintiff') is the current holder of the 2006 Deed of Trust.
The Relief Sought by Plaintiff is as Follows
In Count I of its Complaint, Plaintiff requests that this Court enter an Order declaring that (a) the 2006 Deed is a valid and enforceable instrument whereby the entire fee simple title to the Property was vested in Ms. McTeer and Ms. Tillie as joint tenants; (b) the 2006 Deed of Trust is a valid and enforceable lien as to Ms. McTeer and Ms. Tillie's interests in the Property under the 2006 Deed; and (c) Plaintiff be awarded such other and fmiher relief as this Court deems just and proper.
COUNT II - (DECLARATORY JUDGMENT)
In Count II of its Complaint, Plaintiff seeks a declaration from the Court that: (a) the 2006 Deed of Trust is a valid and enforceable lien against the Property regardless of how currently titled; and (b) Plaintiff is entitled to an equitable lien against the Property, regardless of how currently titled; and (c) that Plaintiff be awarded such other and further relief as this Court deems just and proper.
UPON CONSIDERATION of Plaintiffs Motion for Alternative Service, and the affidavits filed therewith, Defendants, Harriet L. Burton, Allan W. Tillie, Ronald L. Mayne, and all other persons unknown, claiming any legal or equitable right, title estate, lien or interest in the Property described in the Complaint adverse to the Plaintiff s title, or any cloud, on the Plaintiff s title to the Property are hereby notified that she shall file an Answer or other responsive pleading to the Complaint in this matter, and serve a copy thereof upon counsel for Plaintiff, on or before the 1st day of July, 2019;
Provided, However, that a copy of this Amended Notice shall be mailed to the Defendant, Harriet L. Burton, Allan W. Tillie, Ronald L. Mayne's last known addresses, be published at least once a week for three successive weeks in one or more newspapers of general circulation published in Baltimore City, and be posted in a conspicuous place on the Property (5513 Lynview Avenue, Baltimore, Maryland 21215), pursuant to MD Rule 2-122(c), m accordance with this Court's Order granting Plaintiffs Motion for Alternative Service.
THE DEFENDANTS ARE HEREBY WARNED THAT FAILURE TO FILE A RESPONSIVE PLEADING WITHIN THE TIME PRESCRIBED ABOVE MAY RESULT IN A JUDGMENT DEFAULT OR THE GRANTING OF THE RELIEF SOUGHT IN THE COMPLAINT.
MARILYN BENTLEY, Clerk.
True Copy—Test: MARILYN BENTLEY, Clerk.