WINFIELD – An Arizona financial company is seeking declaratory judgment regarding the deed of a Nitro property.
Ditech Financial LLC filed a complaint on July 3 in Putnam Circuit Court against Marlene Ventura and Home Loan Investment Bank seeking declaratory relief.
According to the complaint, the plaintiff holds a note executed in 2008 by Ventura for $85,600 for a Nitro property. The plaintiff alleges that before the note was transferred to it, Home Loan Investment Bank erroneously recorded a release of a deed of trust on Sept. 22, 2008, even though the debt had not been paid in full and remains unpaid in full.
The plaintiff is seeking to quiet title the deed of trust.
The plaintiff seeks declaration that the release is invalid and of no force and effect and that plaintiff's deed of trust is a valid first lien upon the property. It is represented by Alison R. Gerlach, Gregory A. Stout and Christopher A. Dawson of Reisenfeld & Associates LPA LLC in Cincinnati.
Putnam Circuit Court case number 17-C-121