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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. 2019 CV 03938 CITIBANK, N.A., NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF NRZ PASS-THROUGH TRUST VI -VS- UNKNOWN HEIRS, ASSIGNS, LEGATEES AND DEVISEES OF SPENCER L. CALLOWAY, DECEASED, ET AL. DEFENDANTS. Unknown Heirs, Assigns, Legatees and Devisees of Spencer L. Calloway, Deceased, and Unknown Heirs, Assigns, Legatees and Devisees of Alfreda Calloway, Deceased, whose last known address is: Unknown, and who cannot be served, will take notice that on August 29, 2019, Plaintiff filed a Complaint for Foreclosure and other Equitable Relief in the Montgomery County Court of Common Pleas, Montgomery County, Ohio, Case No. 2019 CV 03938, against Unknown Heirs, Assigns, Legatees and Devisees of Spencer L. Calloway, Deceased, and Unknown Heirs, Assigns, Legatees and Devisees of Alfreda Calloway, Deceased and others as Defendants, alleging that, Spencer L. Calloway, Deceased, is in default for all payments from November 19, 2018; that on May 15, 2000, Spencer L. Calloway, 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 May 24, 2000, recorded in Volume 00-050081, Page 9 of the county recorder's records, and assigned to the Plaintiff on March 28, 2018, and recorded on April 2, 2018, in Instrument No. 2018-00018117 of the Montgomery County Records, that, further, the balance due on the Note is $46,035.47 with interest at the rate of 9.6500% per annum from November 19, 2018; 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 Trotwood: Commonly known as 7641 Tuscola Drive, Trotwood, OH 45426 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, Assigns, Legatees and Devisees of Spencer L. Calloway, Deceased, and Unknown Heirs, Assigns, Legatees and Devisees of Alfreda Calloway, 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 December 18, 2019 which includes twenty-eight (28) days from the last publishing, or judgment may be rendered as prayed for therein. Submitted by: Mark M. Schonhut (0093698), Sandhu Law Group, LLC, 1213 Prospect Avenue, Suite 300, Cleveland, OH 44115, 216-373-1001, Attorney for Plaintiff 11-6, 11-13, 11-20/2019
November 6, 2019
December 18, 2019
November 18, 2019 8:10pm