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{¶ 4} On March 1, 2008, MERS, as nominee for First Franklin, executed

an assignment of the mortgage to Deutsche Bank. The assignment conveyed the

mortgage as well as “all moneys now owing or that may hereafter become due or

owing in Respect thereof[.]” Thereafter, the assignment was recorded on

April 29, 2008.

{¶ 5} Following the assignment itself, Deutsche Bank filed a complaint in

foreclosure on April 10, 2008, against Ingle, Robert Brdar a.k.a. Robert Allen

Brdar, and Nick Brdar. The complaint alleged that Ingle was in default under

the terms of the note and the mortgage, and claimed a balance due and owing

from Ingle in the amount of $79,639.89, plus interest at the rate of 9.25 percent

per annum from December 1, 2007, plus court costs, advances, and other

charges. Robert Brdar and Nick Brdar were named in the complaint by virtue of

their interest in the property as shown in the preliminary judicial report. The

report reflected a second mortgage in the amount of $20,000 to Robert Brdar and

Nick Brdar, which was recorded on March 3, 2006.

{¶ 6} The record reflects that service was perfected upon all defendants.

Ingle and Robert Brdar filed a joint answer, motion to dismiss, and counterclaim.

The motion to dismiss and counterclaim were opposed by Deutsche Bank. The

trial court denied the motion to dismiss and later rendered judgment for

Deutsche Bank on the counterclaim.

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