IN THE CIRCUIT COURT OF
FAYETTE COUNTY,
WEST VIRGINIA
CIVIL ACTION NO. 24-C-28
JUDGE Hon. Paul M. Blake, Jr.
U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee for the CIM TRUST 2021-NR2 Mortgage-Back Notes, Series 2021-NR2,
Plaintiff
v.
IDA LOEFFLER
Defendant.
ORDER OF PUBLICATION
This action styled U.S. Bank National Association, not in it individual capacity but solely as Trustee for the CIM Trust 2021-NR2, Mortgage-Back Nores, Series 2021-NR2 v. Ida Loeffler, an unknown, missing, or abandoning owner, is brought for the purpose reformation of a Deed of Trust as described in the Complaint, and thereafter in the case of any respondent or heir, successor or assign of any respondent who does not appear to claim ownership of the defendant’s interest within thirty (30) days after the date of the reformation of the Deed of Trust for the Court to: equitably reform the legal description attached to the Deed of Trust to properly describe the entire property as more particularly described in the Deed attached to the Complaint; affirm that the Deed of Trust is a valid and enforceable lien against Defendant’s Property; affirm that U.S. Bank National Association, a Trustee for the CIM TRUST 2021-NR2 Mortgage-Back Notes, Series 2021-NR2 (“U.S. Bank”) is the holder of a valid and enforceable Deed of Trust against the Property; declare that Plaintiff’s Deed of Trust possesses the first priority lien on the Property and that all other liens are subordinate to it for purposes of right to payment; declare the above reformations and revisions to the Deed of Trust to be considered retroactively filed as of April 16, 2007, for purposes of lien priority; direct the Fayette County West Virginia Clerk’s Office to accept and record a certified copy of an Order to provide notice of the reformation of the Deed of Trust.
A copy of the Complaint can be obtained from the Circuit Clerk of Fayette County, West Virginia and/or from Austin D. Rogers, Esq.; Tiffany M. Arbaugh, Esq.; or Matthew Casto, Esq., attorneys for the Petitioner, located at 300 Summers Street, Truist Square, Suite 1000, Charleston, WV 25301. Ida Loeffler, an unknown, missing or abandoning owner, must respond to the Complaint and make yourself known to the Plaintiff on or before May 4, 2024, or action may be taken by the Court in accordance with the law.
NOTICE IS HEREBY GIVEN, in accordance with W. Va. Code § 55- 12A-5(c), that an action has been instituted in the Circuit Court of Fayette County, West Virginia, bearing Civil Action No. 24-C-28 upon the Petition of U.S. Bank to reform the property description in the Deed of Trust entered into by Ida Loeffler, whose location is unknown and last known address is P.O. Box 31 Lochgelly, WV 25866.
Entered by the Circuit Clerk of Fayette County, West Virginia this 1st day of April, 2024.
Clerk of Court
FILED | 4/1/2024 1:41 PM
CC-10-2024-C-28
Fayette County Circuit Clerk
Travis W. Prince