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Public Notice in the Court of Common Pleas

PUBLIC NOTICE In the Court of Common Pleas of Montgomery County, Ohio, Case No. 2024 CV 02046, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING -VS- UNKNOWN HEIRS AT LAW, DEVISEES, LEGATEES, EXECUTORS AND ADMINISTRATORS OF ELVIRA HARRIS MONTGOMERY, DECEASED, ET AL. DEFENDANTS. UTS Financial Agency, Inc., whose last known address is 8300 Airport Highway, #200, Holland, OH 43528, John Doe, Name Unknown, Unknown Spouse, if any of Elvira Harris Montgomery, whose last known address is 2025 Shaftesbury Road, Dayton, OH 45406, and Unknown Heirs at Law, Devisees, Legatees, Executors and Administrators of Elvira Harris Montgomery, deceased, whose last known address is unknown, and who cannot be served, will take notice that on 04/05/2024, Plaintiff filed a Complaint for Foreclosure and other Equitable Relief in the Montgomery County Court of Common Pleas, Montgomery County, Ohio, Case No. 2024 CV 02046 against UTS Financial Agency, Inc., John Doe, Name Unknown, Unknown Spouse, if any of Elvira Harris Montgomery, and Unknown Heirs at Law, Devisees, Legatees, Executors and Administrators of Elvira Harris Montgomery, deceased, and others as Defendants, alleging that, Elvira Harris Montgomery, deceased is in default for all payments from October 1, 2023; that on August 26, 2017, Elvira Harris Montgomery, 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 September 20, 2017, recorded in Instrument No. 2017-00055620 that, further, the balance due on the Note is $69,719.12 with interest at the rate of 4.7500% per annum from October 1, 2023; 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 2025 Shaftesbury Road, Dayton, OH 45406 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 UTS Financial Agency, Inc., John Doe, Name Unknown, Unknown Spouse, if any of Elvira Harris Montgomery, and Unknown Heirs at Law, Devisees, Legatees, Executors and Administrators of Elvira Harris Montgomery, 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 August 12, 2024, which includes twenty-eight (28) days from the last publishing, or judgment may be rendered as prayed for therein. Submitted by Suzanne M. Godenswager (0086422), Sandhu Law Group, LLC, 1213 Prospect Ave. Suite 300, Cleveland OH, 216-373-1001, Attorney for Plaintiff. 7-1,7-8,7-15/2024
July 1, 2024
August 12, 2024
July 15, 2024 8:10pm