Toledo Legal News - Foreclosure Legal Notices Details
Foreclosure Legal Notices
Notice Content: LEGAL NOTICE
Andrew M. Tomko, Attorney
In the Common Pleas Court of Lucas County, Ohio, Case No. CI0201605553.
WILMINGTON SAVINGS FUND SOCIETY, FSB, DBA CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR VENTURES TRUST 2013-I-H-R, Plaintiff
UNKNOWN HEIRS, ASSIGNS, LEGATEES AND DEVISEES OF BILLY J. GARDNER, DECEASED, et al., Defendants
Marvin J. Gardner, whose last known address is: 4209 Westway Street, Toledo, OH 43612, and Unknown Heirs, Assigns, Legatees and Devisees of Billy J. Gardner, Deceased Marvin J. Gardner, whose last known address is: Unknown, and who cannot be served, will take notice that on December 22, 2016, Plaintiff filed a Complaint for Money, Foreclosure and other Equitable Relief in the Lucas County Court of Common Pleas, Lucas County, Ohio, Case No. CI0201605553-000 against Marvin J. Gardner and Unknown Heirs, Assigns, Legatees and Devisees of Billy J. Gardner, Deceased, and others as Defendants, alleging that, Billy J. Gardner, Deceased, and Marilyn J. Gardner are in default for all payments from June 4, 2015; that on January 30, 2002, Billy J. Gardner, Deceased, and Marilyn J. Gardner, 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 Lucas County, Ohio on February 6, 2002, recorded in Book 02-0911, Page D01, and assigned to the Plaintiff on July 22, 2016 and recorded on August 10, 2016 in Instrument No. 20160810-0031445 of the Lucas County Records, that, further, the balance due on the Note is $58,097.01 with interest at the rate of 7.850% per annum from June 4, 2015; 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 Lucas, and in the City of Toledo:
Commonly known as 66 Rockingham Street, Toledo, OH 43608
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, Marvin J. Gardner and Unknown Heirs, Assigns, Legatees and Devisees of Billy J. Gardner, 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.
The defendant(s) are further notified that they are required to answer the complaint on or before the 12th day of September, 2018, which includes twenty-eight (28) days from the last publishing, or judgment may be rendered as prayed for therein.
The Sandhu Law Group, LLC
David T Brady (0073127)
Suzanne M Soloski (0086422)
Andrew M Tomko (0090077)
1213 Prospect Avenue, Suite 300
Cleveland, OH 44115
Attorney for Plaintiff
Clerk of Courts
08-01, 08-08, 08-15-2018 3Wed