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Legal Notices: Miscellaneous Notices 2013CV06388
- LEGAL NOTICE
In the Montgomery County Court of Common Pleas, Dayton, Ohio, Case No. 2013CV06388
Colonial National Mortgage, a division of Colonial Savings, F.A., Plaintiff
Unknown Heirs, Fiduciaries, Beneficiaries, Donees, Devisees and/or Spouse of Robert A. Weber, deceased, et al., Defendants
Unknown Heirs, Fiduciaries, Beneficiaries, Donees, Devisees and/or Spouse of Robert A. Weber, deceased whose addresses are unknown, are hereby notified that Colonial National Mortgage, a division of Colonial Savings, F.A. filed an Amended Complaint in the Common Pleas Court, Montgomery County, Ohio in Case No.2013 CV 06388 against them, alleging that on the May 1, 2003, Robert A. Weber executed to Colonial National Mortgage, a division of Colonial Savings, F.A., a promissory note; which Plaintiff is the owner and holder of; Robert A. Weber have defaulted in the payment of said note, and there is due Plaintiff thereon the sum of $43,887.04 with interest at the rate of 5.375% set forth therein from April 1, 2013; that in order to secure the promissory note, Robert A. Weber and Sharon I. Weber executed and delivered to Colonial National Mortgage, a division of Colonial Savings, F.A., a mortgage deed which was subsequently assigned to Plaintiff and conveyed the following described real estate:
Situate in the City of Dayton, County of Montgomery and State of Ohio, and being all of Lot Numbered Thirty Six Thousand Four Hundred One (36401) of the consecutive numbers of lots on the revised plat of the City of Dayton, Ohio.
Parcel No.: R72 04003 0006
Address: 722 Carlisle Avenue, Dayton, Ohio
Plaintiff says that said mortgage was delivered to the Recorder of Montgomery County, Ohio on May 13, 2003 and was recorded as Instrument No.03-068296; and is the first and best lien on said premises save the lien of taxes and assessments and the costs of this action.
That by reason of the failure Robert A. Weber to make the monthly payments as required, the Plaintiff has declared the entire amount due and mortgage securing such note to be absolute; that the Treasurer of Montgomery County, Ohio may have a claim against said premises. Therefore, Plaintiff prays for “in rem” judgment in the amount of $43,887.04 with interest at the rate of 5.375% set forth therein from April 1, 2013 plus late charges, advances and penalties as provided for in the note; and that the mortgage set forth in the Second Cause of Relief be foreclosed and all equities of redemption be forever cut off; that the Plaintiff be found to have the first and best lien herein, subject to taxes and that the priority of all liens be determined by this Court; that said premises be sold as upon execution free and clear of all liens, interest and dower, and the proceeds thereof applied to the Plaintiff’s claim set out in the foregoing amended complaint and the Plaintiff may have such other and further relief to which it may be entitled at law or in equity.
Defendants first hereinabove named are further notified that they are required to answer said Amended Complaint on or before January 10, 2014 which includes 28 days from the last publication, or judgment may be rendered as prayed for therein.
Colonial National Mortgage, a division of Colonial Savings, F.A
Attorney for Plaintiff
Neil C. Sander #0077715
Kerry T. Boyle #0072698
Isaac Wiles Burkholder & Teetor, LLC
2 Miranova Place, Suite 700
Columbus, Ohio 43215
11-29, 12-06, 12-13-2013 3Fri
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