Place an ad
WARNING: This ad has expired and is no longer valid as of May 1, 2023

Public Notice in the Court of Common Pleas

PUBLIC NOTICE In the Court of Common Pleas of Montgomery County, Ohio, Case No. 2023 CV 00552, FIFTH THIRD BANK, NATIONAL ASSOCIATION FKA FIFTH THIRD BANK SUCCESSOR BY MERGER TO FIFTH THIRD MORTGAGE COMPANY FKA CITFED MORTGAGE CORPORATION OF AMERICA -VS- ZELDON HALL, ET AL. DEFENDANTS. Unknown Heirs at Law, Devisees, Legatees, Executors and Administrators of Suzan K. Hall, deceased and Unknown Heirs at Law, Devisees, Legatees, Executors and Administrators of Zeldon Hall, deceased whose last known address was: Unknown; Tammy Doe, Name Unknown, Unknown Spouse if any of Tamara Phillips, 1651 Needmore Rd., Dayton, OH 45414 and l421 Witherby Drive, Kettering, OH 45429; and Jessica Phillips, 542 Madison Drive, Gibsonia, PA 15044, and who cannot be served, will take notice that on 02/02/2023, Plaintiff filed a Complaint for Money, Foreclosure and other Equitable Relief in the Montgomery County Court of Common Pleas, Montgomery County, Ohio, Case No. 2023 CV 00552 against Unknown Heirs at Law, Devisees, Legatees, Executors and Administrators of Suzan K. Hall, deceased, Unknown Heirs at Law, Devisees, Legatees, Executors and Administrators of Zeldon Hall, Tammy Doe, Name Unknown, Unknown Spouse if any of Tamara Phillips, and Jessica Phillips deceased and others as Defendants, alleging that Zeldon Hall, deceased, and Suzan K. Hall, deceased are in default for all payments from June 1, 2022; that on June 25, 1993, Zeldon Hall, deceased and Suzan K. Hall, deceased, executed and delivered a certain Mortgage Deed in which said Defendants agreed, among other things, to pay the Note and to comply with all of the terms of the Mortgage Deed hereinafter described, which Mortgage Deed was filed in the Recorder's Office of Montgomery County, Ohio on July 2, 1993, recorded in Volume 93-2560, Page D08 that, further, the balance due on the Note is $85,956.77 with interest at the rate of 4.0000% per annum from June 1, 2022; that to secure the payment of the Note, executed and delivered a certain Mortgage Deed to and thereby conveying, in fee simple, the following described premises: Situated in the State of Ohio, in the County of Montgomery, and in the City of Kettering: Commonly known as 421 Witherby Drive, Kettering, OH 45429 and further alleging that the aforesaid Mortgage is a valid and subsisting first and best lien upon said premises after the lien of the Treasurer; that the Note is in default, whereby the conditions set forth in the Note and Mortgage have been broken, that the Mortgage has become absolute and that Plaintiff is entitled, therefore, to have the Mortgage foreclosed, the premises sold, and the proceeds applied in payment of Plaintiff's claims; that the Defendants Unknown Heirs at Law, Devisees, Legatees, Executors and Administrators of Suzan K. Hall, deceased, Unknown Heirs at Law, Devisees, Legatees, Executors and Administrators of Zeldon Hall, deceased, Tammy Doe, Name Unknown, Unknown Spouse if any of Tamara Phillips and Jessica Phillips, among others, may have or claim to have some interest in or lien upon said premises; that all of the Defendants are required to set forth any claim, lien or interest in or upon the premises that he, she, or it may have or claim to have or be forever barred therefrom; that Plaintiff's Mortgage be declared to be a valid and subsisting first and best lien upon said premises after the lien of the Treasurer, if any, that its Mortgage be foreclosed; that all liens be marshaled; that the equity of redemption of all Defendants be forever cut off, barred, and foreclosed; that upon the sale of said premises the proceeds be paid to Plaintiff to satisfy the amount of its existing lien and the interest, together with its disbursements, advancements, and costs herein expended; and for such other and further relief to which is may be entitled in equity or at law. Defendants are further notified that they are required to answer the Complaint on or before May 1, 2023, which includes twenty-eight (28) days from the last publishing, or judgment may be rendered as prayed for therein. Submitted by, Sandhu Law Group, LLC David T. Brady (0073127) Suzanne M. Godenswager (0086422) Austin B. Barnes III (0052130) Robert E. Daniell (0098708) Adrienne S. Foster (0080011) SANDHU LAW GROUP, LLC 1213 Prospect Avenue, Suite 300 Cleveland, OH 44115 216-373-1001 216-373-1002 sgodenswager@sandhu-law.com Attorney for Plaintiff 3-20, 3-27, 4-3/2023
March 20, 2023
May 1, 2023
May 1, 2023 8:05pm