FINDINGS OF FACT1.On or about May 8, 2004, Marlynn R. O’Neal executed a mortgage (the “Mortgage”)in favor of Ameriquest Mortgage Company in the amount of $69,300.00. TheMortgage was filed with the Summit County Fiscal Officer on or about May 18, 2004,under recording number 55049953. The real estate subject to this mortgage is locatedat 327 Ira Avenue, Akron, Ohio and is referred to herein as the “Property”.
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Stipulations.2.On or about May 8, 2004, Marlynn R. O’Neal executed a “Fixed Rate Note” (the“Note”) in favor of Ameriquest Mortgage Company in the amount of $69,300.00.
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Stipulations.3.Under a “Pooling and Servicing Agreement” dated as of September 1, 2004, betweenPark Place Securities, Inc., Depositor; Countrywide Home Loans Servicing LP,Master Servicer; and Wells Fargo Bank, N.A., Trustee, Countrywide Home LoansServicing, LP agreed to service loans in accordance with the terms of the respectivemortgage loans. Article III, Section 3.01, p. 72.
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Stipulations.4. Countrywide Home Loans and/or Countrywide Home Loans Servicing, LP servicedMs. O’Neal’s loan evidenced by the Note and Mortgage.
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Stipulations.5. On or about April 7, 2005, a “Complaint for Money, Foreclosure, and Other EquitableRelief” was filed in the Court of Common Pleas of Summit County, Ohio (the“Foreclosure Action”). The plaintiff in the Foreclosure Action was “Wells FargoBank, N.A. For The Benefit of the Certificateholders of Asset-Backed Pass-ThroughCertificates, Series 2004-MCW1 c/o Countrywide Home Loans, Inc. 6400 Legacy-3-
08-05031-mss Doc 84 FILED 05/01/09 ENTERED 05/01/09 17:27:29 Page 3 of 23
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