Login | August 13, 2022

COMMON PLEAS COURT
of MAHONING COUNTY, OHIO

Full text of Legal Notice

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LEGAL NOTICE

JERRY M. BRYAN

ATTORNEY AT LAW

HENDERSON, COVINGTON, MESSENGER, NEWMAN & THOMAS CO., LPA

6 Federal Plaza Central, Suite 1300

Youngstown, OH 44503

Telephone: 330-744-1148

IN THE COURT OF

COMMON PLEAS,

MAHONING COUNTY, OHIO

120 Market Street

Youngstown, Ohio 44503-1751

Judge Anthony M. D'Apolito

Case No. 22CV 54

PREMIER BANK, FORMERLY KNOWN AS FIRST FEDERAL BANK OF THE MIDWEST, SUCCESSOR BY MERGER TO HOME SAVINGS BANK, SUCCESSOR BY MERGER TO THE HOME SAVINGS AND LOAN COMPANY OF YOUNGSTOWN, OHIO

PLAINTIFF,

VS.

ESTATE OF ROBERT F. BANKS, JR., DECEASED, ET AL

DEFENDANTS.

Unknown Executor or Administrator of the Estate of Robert F. Banks, Jr., Deceased, Unknown Heirs, Devisees and Legatees of the Estate of Robert F. Banks, Jr., Deceased, Unknown Executor or Administrator of the Estate of Kelly M. Banks aka Myrtle M. Banks, Deceased, and Unknown Heirs, Devisees and Legatees of the Estate of Kelly M. Banks aka Myrtle M. Banks, Deceased, whose addresses are unknown and who cannot be served within the State of Ohio, will take notice that Plaintiff filed a Complaint in Mortgage Foreclosure in the Court of Common Pleas of Mahoning County, Ohio on January 11, 2022 in Case No. 22 CV 00054, against Estate of Robert F. Banks, Jr., Deceased, et al., Defendants, alleging that on or about June 2, 2005, The Home Savings and Loan Company of Youngstown, Ohio extended a loan to Robert F. Banks, Jr. and Myrtle M. Banks, both of whom are now deceased; that Robert F. Banks, Jr. and Myrtle M. Banks executed and delivered to The Home Savings and Loan Company of Youngstown, Ohio a certain Note in the amount of $52,700, a true copy of which is attached to the Complaint as Exhibit "A"; that Plaintiff is the holder of the Note, upon which there is due and owing to Plaintiff $34,249.26, plus interest from February 1, 2021 at the variable rate of 6.25% per annum, unpaid late charges, escrow shortages, if any, and any other costs and expenses recoverable under the Note and the mortgage; that to secure payment of the Note, Robert F. Banks, Jr. and Myrtle M. Banks granted The Home Savings and Loan Company of Youngstown, Ohio a Mortgage, and thereby conditionally conveyed to The Home Savings and Loan Company of Youngstown, Ohio the real property described therein, and known as and located at 827 Detroit Avenue, Youngstown, Ohio 44502, Parcel Nos. 53-110-0-323.000 and 53-110-0-324.000; that the Mortgage was recorded in O.R. Book 5536, Page 1176, Mahoning County Records, a true copy of which is attached to the Complaint as Exhibit "C"; that the Mortgage is the first and best lien against the subject real estate, after the lien of Defendant Mahoning County Treasurer for real estate taxes; that the Note secured by the Mortgage is in default for lack of payment, the conditions of the Mortgage have been broken, Plaintiff is the holder of the Mortgage and is entitled to have the Mortgage foreclosed; that Defendant Mahoning County Treasurer holds a claim on the subject real estate for real estate taxes; that Defendants Estate of Robert F. Banks, Jr., Deceased, Unknown Executor or Administrator of the Estate of Robert F. Banks, Jr., Deceased, Unknown Heirs, Devisees and Legatees of the Estate of Robert F. Banks, Jr., Deceased, Estate of Kelly M. Banks aka Myrtle M. Banks, Deceased, Unknown Executor or Administrator of the Estate of Kelly M. Banks aka Myrtle M. Banks, Deceased, Unknown Heirs, Devisees and Legatees of the Estate of Kelly M. Banks aka Myrtle M. Banks, Deceased, Guardianship Estate of Kelly Banks, and Suzette Darden, as Guardian of Kelly Banks, may have or claim to have interests in the subject real estate. The Complaint demands that the Defendants named therein be required to appear in this suit and set forth whatever interests they may have in and to the subject real property or be forever barred from asserting the same; that Plaintiff obtain judgment in foreclosure; that the subject premises be appraised and sold in this action, and the proceeds applied to the satisfaction of Plaintiff’s Mortgage in its proper priority; and that the Court grant such other and further relief as equity and the nature of the case may require.

Defendants Unknown Executor or Administrator of the Estate of Robert F. Banks, Jr., Deceased, Unknown Heirs, Devisees and Legatees of the Estate of Robert F. Banks, Jr., Deceased, Unknown Executor or Administrator of the Estate of Kelly M. Banks aka Myrtle M. Banks, Deceased, and Unknown Heirs, Devisees and Legatees of the Estate of Kelly M. Banks aka Myrtle M. Banks, Deceased are further notified that they are required to answer said Complaint within twenty-eight (28) days of the last publication of this notice, said answer day being the 22nd day of April 2022 and set forth whatever interest they may have in and to the above-described real estate or be forever barred from asserting the same.

JERRY M. BRYAN (#0055266)

Attorney for Plaintiff.

Feb 18, 25; Mar 4, 11, 18, 25, 2022

22-00096

 

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