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Public Notice in the Court of Common Pleas

PUBLIC NOTICE IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO CASE NO. 2022 CV 02834 FIFTH THIRD BANK, NATIONAL ASSOCIATION FKA FIFTH THIRD BANK SUCCESSOR BY MERGER TO FIFTH THIRD MORTGAGE COMPANY -VS- UNKNOWN HEIRS AT LAW, DEVISEES, LEGATEES, EXECUTORS AND ADMINISTRATORS OF GALE E. FRAZIER, DECEASED, ET AL. DEFENDANTS. Unknown Heirs at Law, Devisees, Legatees, Executors and Administrators of Gale E. Frazier, deceased whose last known addresses are: Unknown, and who cannot be served, will take notice that on June 24, 2022, Plaintiff filed a Complaint for Foreclosure and other Equitable Relief in the Montgomery County Court of Common Pleas, Montgomery County, Ohio, being Case No. 2022 CV 02834, against Unknown Heirs at Law, Devisees, Legatees, Executors and Administrators of Gale E. Frazier, Deceased, and others as Defendants, alleging that, Gale E. Frazier, Deceased, is in default for all payments from October 1, 2021; that on October 18, 2007, Gale E. Frazier, 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 October 23, 2007, recorded in Volume 07-089001, Page 4, of the county records, that, further, the balance due on the Note is $28,733.09 with interest at the rate of 4.6250% per annum from October 1, 2021 as it may adjust to the terms of the loan modification and a deferred balance of $5,353.33; 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 Dayton: Commonly known as 4155 Melgrove Avenue, Dayton, OH 45416 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 Gale E. Frazier, Deceased, 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 the 9th day of September, 2022, which includes twenty-eight (28) days from the last publishing, or judgment may be rendered as prayed for therein. Submitted by: Robert E. Daniell (0098708), Sandhu Law Group, LLC, 1213 Prospect Avenue, Suite 300, Cleveland, OH 44115, 216-373-1001, Attorney for Plaintiff 7-29, 8-5, 8-12/2022
July 29, 2022
September 9, 2022
August 19, 2022 8:05pm