U.S. Bank, N.A., as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset vs Chancey, Margaret
Alexander Ricks PLLC, Attorney
1420 E. 7th Street, Suite 100
Charlotte, NC 28204
STATE OF NORTH CAROLINA - PITT COUNTY - In the General Court of Justice, Superior Court Civil Division - 20-CVS-362 - U.S. BANK, N.A., AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-KS4, Plaintiff, vs. MARGARET CHANCEY, ELLEN JACKSON, MYRTLE L. DANIEL, LEN DALLAS CHANCEY, PAUL CHANCEY, JR., ELIZABETH CHANCEY, JESSIE JAMES CHANCEY, JR., and CHARLIE CHANCEY, Defendants.
NOTICE OF SERVICE OF PROCESS BY PUBLICATION
To: Elizabeth Chancey and Len Dallas Chancey:
Take notice that a pleading seeking relief against you has been filed in the above-entitled action.
1. You are required to make defense to such pleading not later than July 28, 2020 and upon your failure to do so the party seeking service against you will apply to the Court for the relief sought.
2. This is an action seeking an Order (i) declaring that the deed of trust recorded with the Pitt County Register of Deeds in Book 2079 at Page 82 (the "Premier Deed of Trust") is equitably subrogated to the rights and priority of the deed of trust recorded with the Pitt County Register of Deeds in Book 187 at Page 544, in the alternative, (ii) declaring a constructive trust or equitable lien in the amount of $76,500 on the interest of the heirs: Myrtle, Len Dallas Chancey, Ellen, Margaret, Paul Chancey, Jr., Elizabeth Chancey, Jessie James Chancey, Jr., Charlie Chancey and John C. Chancey (the "Heirs") in the Property relating back to March 9, 2006 and subject to the same terms as the Premier Deed of Trust, in the alternative (iii) entering judgment in favor of U.S. Bank and against Margaret, Ellen, and Myrtle, jointly and severally, for U.S. Bank's damages arising from Margaret, Ellen, and Myrtle's breach of the warranties contained in the Premier Deed of Trust, and (iv) quieting title to the Property declaring that Margaret, Ellen, and Myrtle's interest in the Property is subject to the Premier Deed of Trust and that the Heirs' interest in the Property is subject to the Premier Deed of Trust via equitable subrogation or subject to a constructive trust or equitable lien relating back to March 9, 2006 in the amount of $76,500 subject to the same terms as the Premier Deed of Trust.
This, the 18th day of June, 2020.
Ryan P. Hoffman
ALEXANDER RICKS, PLLC
1420 East 7th Street, Suite 100
Charlotte, North Carolina 28204