WINFIELD – A bank is going to court to seek a release of a deed of trust from JP Morgan Chase Bank.
The Huntington National Bank filed a lawsuit on Jan. 15 in Putnam Circuit Court against JP Morgan Chase, successor to Fleet National Bank and Fleet Mortgage Corp.
The bank alleges that on March 13, 1992, Don A. Kisner and Jody R. Kisner borrowed $47,073 from One Valley Bank in the form of a promissory note, which was secured by a deed of trust for property in Putnam County. The deed allegedly was assigned to Fleet National Bank through Fleet Mortgage on Oct. 1, 1992. On Feb. 22, 1997, the Kisners entered into a second deed of trust on the property in which Nations Credit Equity Services Corp. was the beneficiary.
The Kisners allegedly defaulted on payments, resulting in foreclosure and the property conveyed to Nations Credit.
The property then was allegedly conveyed to David R. Lovejoy and Billie J. Lovejoy on March 28, 2001. They allegedly borrowed $44,900 in the form of a promissory note secured by a deed of trust from Huntington Mortgage Company, now Huntington National Bank.
The Lovejoys also allegedly defaulted on the payments and the deed of trust was eventually conveyed back to Huntington National Bank on Aug. 12, 2015. The bank says in the suit that the deed originally with One Valley Bank, now JP Morgan Chase, remains an unreleased lien against the property and that it has been paid in full; however, despite repeated attempts and requests to JP Morgan, the bank has yet to obtain a release of the deed. This allegedly prevents the plaintiff from conveying the property to potential buyers as a clean and clear title.
Huntington National Bank is requesting the court to direct the clerk of the County Commission of Putnam to execute a release of the deed of trust. It is also seeking any such other rewards deemed just and fair by the court. The bank is represented by Philip B. Hereford from Hereford & Riccadi PLLC in Charleston.
Putnam Circuit Court Case number 16-C-7
