My question involves real estate located in the State of Ohio.
Here is the background of the current situation. The mortgagee passed away. Nearly two years later, the mortgage company filed a foreclosure suit against mortgagee and heirs. After a year in court, the mortgage appeared invalid. The magistrate ordered the company to show why case should not be dismissed for failure to provide a proper assignment of note within thirty days. The mortgage company failed to act and the case was dismissed without prejudice.
Five months later, the mortgage company filed a second foreclosure suit against the property owners, without listing the mortgagee in the suit. After 14 months in court, 19 months since first case was dismissed, the second case was dismissed.
Being that the note in now unenforceable and cannot be sued against due to timing, a quiet claim action is being formed to remove the lien from the property.
Please comment with any available knowledge. Your assistance is greatly appreciated.