Login | July 24, 2017

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., L.P.A.

6 Federal Plaza Central, Suite 1300

Youngstown, Ohio 44503-1473

Telephone: (330) 744-1148

IN THE COURT OF

COMMON PLEAS,

MAHONING COUNTY, OHIO

120 Market Street

Youngstown, Ohio 44503-1751

Case No. 17CV 774

Judge R. Scott Krichbaum

HOME SAVINGS BANK, SUCCESSOR BY MERGER TO THE HOME SAVINGS AND LOAN COMPANY OF YOUNGSTOWN, OHIO

PLAINTIFF,

VS.

ESTATE OF JOSEPH P. SMITH, DECEASED, ET AL

DEFENDANTS.

The Unknown Heirs, Legatees, and Devisees, of Joseph P. Smith, deceased, and the Unknown Heirs, Legatees, and Devisees of Philomena J. Smith, 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 March 27, 2017 in Case No. 17CV 774, against the Estate of Joseph P. Smith, deceased, et al., Defendants, alleging that on or about March 5, 2007, Plaintiff extended a loan to Joseph P. Smith and Philomena J. Smith. Pursuant to the aforesaid loan, Joseph P. Smith and Philomena J. Smith executed and delivered to Plainitff a certain promissory note (hereinafter "the Note") in the amount of $102,000.00, a true and correct copy of which is attached to the Complaint as Exhibit "A"; that Plainitff is the holder of the Note, that the Note is in default for failure to make payments when due, and that there is due and owing to Plaintiff on the Note the principal balance of $90,713.25, plus interest from August 8, 2016 at the rate of 8.115% per annum, unpaid late charges, and any other costs and expenses recoverable under the Note and the mortgage; that Philomena J. Smith died on May 22, 2015, and that to date no estate has been filed; that Joseph P. Smith died on or about July 23, 2016, and that to date no estate has been filed; that to secure payment of the Note, Joseph P. Smith and Philomena J. Smith executed and delivered to Plainitff a Mortgage, and thereby conditionally conveyed to Plainitff the following-described real property:

Situated in the Township of Boardman, County of Mahoning and State of Ohio: and known as being Sublot No. 25 in Replat of Lev Plat No, 1, a Re-subdivison of a part of Boardman Twonship Great Lot No, 22, 4th Division, as shown by the recorded plat of said Re-Subdivision in Volume 49 of Maps, Page 307 of Mahoning County Records.

PROPERTY ADDRESS: 1871 Basil Avenue, Youngstown, Ohio 44514.

PERMANENT PARCEL NO.: 31-025-0-138.000

that the Mortgage was received for record by the Recorder of Mahoning County, Ohio on March 7, 2007 at 2:32 P.M. and was recorded in OR Book 5680, Page 1161, Mahoning County Records, a true and correct copy of which is attached to the Complaint as Exhibit "B"; 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 in accordance with the terms, the conditions of the Mortgage have been broken, the Plaintiff is the holder of the Mortgage, and the Plaintiff 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 State of Ohio, Department of Job and Family Services, Estate of Joseph P. Smith, deceased, Unknown Heirs, Legatees, and Devisees of Joseph P. Smith, deceased, Estate of Philomena J. Smith, deceased, and Unknown Heirs, Legatees, and Devisees of Philomena J. Smith, deceased, may have or claim to have interests in or liens against the subject real estate, which interests, if any, are inferior to the Mortgage lien of Plaintiff. 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 there is due and owing to Plaintiff on the Note the principal sum of $90,713.25, plus interest from August 8, 2016 at the rate of 8.115% per annum, unpaid late charges, and any other costs and expenses recoverable under the Note and the Mortgage, and costs of suit, and that judgment in foreclosure be entered in favor of Plaintiff in said amount; that Plaintiff be found to have the first and best lien against the subject real estate, after the lien of Defendant Mahoning County Treasurer for real estate taxes, by virtue of the Note and the Mortgage; that it be found that the conditions of the Mortgage have been broken and that Plaintiff is entitled to have the lien of the Mortgage foreclosed, and the subject premises appraised and sold in this action, and the proceeds applied to the satisfaction of Plaintiff's Mortgage in its proper priority; that Plaintiff receive its costs in this action; and that the Court grant such order and further relief as equity and the nature of the case may require.

Defendants Unknown Heirs, Legatees, and Devisees of Joseph P. Smith, deceased, and Unknown Heirs, Legatees, and Devisees of Philomena J. Smith, deceased, are further notified that they are required to answer said Complaint within Twenty-eight (28) days of the last publication of this notice and set forth whatever interests they may have in and to the above-described real estate or be forever barred from asserting the same, said answer day being the 13th day of June, 2017.

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

BY: JERRY M. BRYAN,

  Attorneys for Plaintiff.

Apr 11,18,25; May 2,9,16, 2017   17-00352

 

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