Blake’s condo Tool Elizabeth are the next floor unit
< 7> Blake’s complaint included a partial copy of the New England Square Condominium Plat, which explains that each condominium unit has a living area, including an outside deck, as well as an attached carport or detached garage, depending on the unit model. On the ground level, below Blake’s condominium Unit E, there are parking spaces designated as “detached garages” for condominium Units A-D, and an attached “carport” for parking for Unit E. It appears that Blake filed a claim with Heritage Title regarding the county auditor’s mistake, which Heritage Title denied.
Both Blake and you will House Coupons timely submitted actions and you will responses
< 8> After being granted leave to plead, Home Savings filed its answer and the Condominium Board filed an answer and a motion to dismiss or strike , noting that look at this web site the trial court had already addressed Blake’s claims against the Condominium Board , and that the Court of Appeals had affirmed the decision in New England Square Condominiums Assn. v. Blake, 7th Dist. No. 04-CO-40 , 2008-Ohio-3247 . On , the trial court filed a judgment entry dismissing Blake’s claim against the Condominium Board . Blake did not appeal this decision.
< 9> After receiving leave from the trial court , Home Savings filed an amended answer and counterclaim naming Richard E. Whitely (Blake’s boyfriend) , the Columbiana County Treasurer , and Heritage Title as third party defendants . Home Savings asserted that Blake and Whitely executed and delivered a promissory note to Home Savings which is in default in the amount of $14, plus interest as of , and that Blake executed and delivered a mortgage deed to Home Savings, which is a valid lien on the property. Accordingly, Home Savings sought judgment on the note against Blake and Whitely and foreclosure of the mortgage. Home Savings also asserted that Heritage Title had issued a title guarantee to Home Savings and Blake, and would be responsible for any success of Blake’s claim against Home Savings regarding the invalidity of her title to the property. (more…)
