Preview
F-72171\HSBC Consumer Lending\FNFS i
oe & 38 an
IN THE COMMON, PLEAS COURT OF BUTLER COUNTY, OAIO® 7
‘ IV DIVISION :
ua
Beneficial Mortgage Co. ‘of Ohio
961 Weigel Drive
Elmhurst, IL 60126
Plaintiff,
v.
James A. Henry
3108 Judy Dr.
Middletown, OH 45044
Barbara A. Henry
3108 Judy Dr.
Middletown, OH 45044
Unknown Tenant
3108 Judy Dr.
Middletown, OH 45044
State of Ohio, Department of Taxation,
Revenue Recovery Section
30 E. Broad St.
Columbus, OH 43266-0404
United States of America
c/o U S Attorney General
Washington, DC 20530
Butler County Treasurer
315 High St.- 10th Floor
Hamilton, OH 45011
Defendants(s).
COMPLAINT IN FORECLOSURE
A
N'
M.
TI
LLE
HALLIN.
NDER T
ION PRA‘
F LIEN
FAIR DEBT
ICES ACTCOUNT ONE
1. Plaintiff, for its Count One, Says it is the owner ai ieriof D ‘qmissory
note, a copy of which is attached hereto as Exhibit "A", and there is duet Blaintiff
from defendants, James A. Henry and Barbara A. Henry, by reason of default under
the terms of said note, the total sum of Sixty Three Thousand Eight Hundred Fifty
One and 39/100 Dollars ($63,851.39 ) together with interest thereon according to the
terms of said note from November 9, 2005.
COUNT Two
2. Plaintiff, for its Count Two, refers to its Count One and incorporates herein
by reference the allegations contained therein, and further says it is the owner and
holder of a certain Mortgage Deed, which deed was executed by James A. Henry and
Barbara A. Henry, to secure Payment of the above-referenced note, and which
mortgage deed constitutes a valid lien upon real estate described in Exhibit "B",
attached hereto and made a part hereof as if fully rewritten herein, of which said
defendants were then and are now the owner of in fee simple.
3. Plaintiff further says said mortgage deed was filed for record on January 9,
1995 with the Recorder of Butler County, Ohio and that it was duly recorded in
Volume 5276 page 193 of said County Recorder's Office; that the conditions of
defeasance contained therein, namely the payment terms, have been broken; that
Plaintiff is entitled to have said Mortgage Deed foreclosed.
4. James A. Henry may claim an interest and lien against said premises by
reason of a deed recorded 4/25/91 in Volume 1722 page 422, Butler County records.
5. Barbara A. Henry may claim an interest and lien against said premises by
reason of a deed recorded 4/25/91 in Volume 1722 page 422, Butler County records.
6. Unknown Tenant may claim an interest and lien against said premises by
reason of occupancy of premises.
7. State of Ohio, Department of Taxation may claim an interest and lien against
said premises by reason of certificates of judgment filed 2/24/97 in Judgment
#JD97020561; filed 4/300 (no judgment # stated); filed 11/20/95 in Judgment
#JD95112278; filed 11/20/05 in Judgment #JD95112279; filed 1/17/96 in Judgment
#JD96010050; filed 7/20/95 in Judgment #JD95071342 and filed 10/19/94 in Judgment
#JD94102482, Butler County Records.7
8. United States of America may claim an interest and lien ‘against said
Premises by reason of federal tax liens filed 9/19/97 in Volume 614
11/3/97 in Volume 6159 Page 1687; filed 3/21/00 in Volufne 6458
6/19/00 in Volume 6485 page 1119, Butler County records. ¢
9. Butler County Treasurer may claim an interest and lien ‘dgainet Said
premises by reason of taxes and assessments due, if any. Parcel
#Q6542-098-000-127 and Q6542-098-000-128.
10. Plaintiff further states that no deficiency judgment will be taken against
James A. Henry and/or Barbara A. Henry, said defendants being immune from
judgment herein due to Chapter 7 Bankruptcy filing, Case No. 01-33725, United States
Bankruptcy Court for the Southern District of Ohio at Dayton, Ohio.
WHEREFORE, plaintiff Prays for a finding of judgment in the sum of Sixty Three
Thousand Eight Hundred Fifty One and 39/100 Dollars ($63,851.39 ) together with interest
according to the terms of the note from November 9, 2005, together with late charges,
advances for taxes and insurance, and its costs herein expended; that the mortgage deed
referred to be found and adjudged to be a valid lien upon the real estate described herein;
that the mortgage deed as referenced aforesaid be foreclosed; that said real property be
Ordered sold and the amount found to be due plaintiff be paid out of the proceeds of such
Sheriff's sale; that all other defendant(s) herein be required to set up their liens or interest
in said real estate or be forever barred from asserting the same; and for such other just
and equitable relief to which plaintiff may be entitled in accordance with law and proper
equity.
Adighin DY) Wil
STEPHEN'D. MILES #0003716
Attorney for Plaintiff
18 West Monument Ave.
Dayton, Ohio 45402
(937) 461-1900
FAX 937-461-04441)
2)
3)
4)
5)
6)
NOTICE REQUIRED BY THE FAIR DEBT
COLLECTION PRACTICES ACT
(15 U.S.C. 1692 et. Seq.)
This notice is directed only to the party or parties who may be obligated to
Pay the debt(s) referred to in the attached complaint. The amount of the
debt(s) is stated in the complaint attached hereto.
The plaintiff as named in the attached summons and complaint is the
Creditor to whom the debt is owed.
Unless you notify this office within 30 days after receiving this notice that
you dispute the validity of this debt or any portion thereof, this office will
assume this debt is valid. If you notify this office in writing within 30 days
from receiving this notice, this office will: obtain verification of the debt or
obtain a copy of a judgment (if any) and mail you a copy of such verification
or judgment (if any). If you request this office in writing within 30 days after
receiving this notice, this office will provide you with the name and address
of the original creditor, if different from the current creditor.
This is an attempt to collect a debt and any information obtained will be
used for that purpose.
Written requests should be addressed to Stephen D. Miles, Attorney at Law,
18 West Monument Avenue, Dayton, Ohio 45402,
If you read the summons issued by the Clerk of Courts you will see that you
have 28 days to serve an answer. You must do so within that time or you
will be in default. The 30-day right for verification of the debt, as set forth
in paragraph 3 above, is separate from the 28 days you have to serve your
answer. Do not confuse the two. Your request for verification of the debt
will not relieve you of the need to serve your answer within 28 days.
Please read the summons issued by the clerk carefully for instructions
concerning filing your answer with the court.CERTIFICATE
“The undersigned hereby certifies an examination of the public records of
Butler County, Ohio has been made to determine the ownership of the subject real
estate and all parties who may claim an interest therein, and, in the Opinion of the
undersigned, all such parties have been named as parties to this action," stating
as exceptions any interested party not so named.
Motu) ule
STEPHEN D. MILESOSITES-CO STRUT
. aomznary
oh sro sepee@@Beneficis, HMIIMMNDNNADIAT
ER: Please read this form and ask
‘Agresment section as a Borrower, The words we, Sore ee Taanembsomn eee Io
dary
ecg gpa mes ne
Disclosure of Credit Costs 43. 2 at
‘Amount paid oni tuscehio ene,
crtor ‘a femeaie
A. Schedule A Subtotal $.
® UninsnnceCotpuctmmnnce °S224211__
BENEFICIAL MORTGAGE CO, OF OHIO company $ 9.00
MODLETORA NE, C. Disabilty Insurance Cost pad to ‘
o. aed iosuanee Pru ‘
Insurance cor
Phone Number: (618}422-s4a6 E. Schedule 8 Total Seo Page 2) iver”
$_______ 1680.00 Prepaid Finance Charge
Account Number: 22948734 Loan Origination Charge $
Points §
Same
1 Your Name & Malling Address “t Residence Address I nol the same |
HENRY, JAMES, BARBARA
3108 JUDY DRIVE
MIDDLETOWN,OH,45042
Date of Loan Jet Due Date Final Dus Date | Monthly Instat | Final instal, To be paid In | All Monthly instalments are due an the
0105/95 02/10/95 01/10/00 $677.74 $53592,17 60 ‘same day of the month as the 181 Due Date.
Instalments
AMOUNT FINANCED: The amount of credit provided to you or on your FINANCE CHARGE: The amount the credit will cost you, if you pay es,
. 60
$51920.00 $41658.83
TOTAL OF PAYMENTS: Ths amount you will pay, if you pay aé echeduted. | ANNUAL PERCENTAGE RATE: The cost of your credit 98 a yearly rate,
$93578.83 1592 %
Credit Insurance: Credit life and oredh disabl
the addtional cost by signing
iy insurance are not rqued to aban ced Ingurance will not be provided uniess you agree to pay
Security: You are giving us a secuy Interest In:
30H) Your reat property — First Mortgage.
C Mobile home located on your real soa
Your hemizatlon of the Amount Financed is sh
SREDIT INSURANCE
Type tot Bipneture
Lie 2) Single Joint $_0.90 | want Singte Life Insurance (3) | do not want Life Insurance
CO)! Want Single Life end Single Disebimy Inswence (| do not want Cisabllty Inaurance
Disabliity $0.00 2)! want Joint Life Insurance By signing betow, | continn the bores
C7 want Joint Life and Single Disabiity insurance checked arg correc
Joint Lite Seo Cost Above | (3) want Joint Life insurance
Alongside Lite
Property Insurance: pou may obtain {ngurance from anyone you want. i you obtain the insurance through us, you wil pay the Dwelling insurance
Prepayment you ay fey, You my Rave aya panay and you wl mol be ented toa rfund a any pao the Prpad Finance Carpe ied in
the
, which C) 1s C) snot being purchased withthe proceeds of tis loan, covered by the Mortgage,
Sen yout Loan Age ay don ifn about angaymant cet, ary rque epamnt af before the scheduled date and prepayment
CE 3 OH-15 SIPP (7783)
Cyame of Borrower: HENRY, JAMES, BARBARA Date of Loan: 01/08/88 Account No.: 22849734
ve Sr accommo een
Supplemental itemization of Amount Financed ~
SCHEDULE A
To:__INTERNAL REVENUE 1360.00
TRANSAMERICA $__37794.11
To:
—
BENEFICIAL (LOF) 125.00
To:
To
To:
To:
To:
To
To:
To:
To:
To:
To:
To:
To:
To:
To:
To:
Recording Fee - Retease of Mortgage (future)... .
140.00
189.00
00
-00 Schedule B Total $357 oq
200” | SCHEDULE c
100 "| Fens Palé to Third Parties tor Services Rendered
+00 _ | For Appraisat Fee
200 | to, $__N/A
+00 For Preparing Mortgage and Other Legal Papers.
200 To,
200 | For Notary
00 | 10, sa
Schedule A Subtotal $ 57530 17 To; N/A
Veen ete ee er eeeeaeaees 43.
Chock to you $ 3.89 | For vA
Schedule A Tow) $_51563,00_ Total entered tn SchedueB § N/a
PM oe wm ew munownne
S|
5
LOAN AGREEMENT
THIS LOAN IS MADE AT RATES PERMITTED UNDER FEDERAL LAW, NOT OHIO LAW.
$ 51920.09 Amount Financed plus $ 560,00 Loan Origination Charge plus
S_____1680.00 Prepaid Finance Charge equals $. 1120,00 Points ptus
$____53600.00 ACTUAL AMOUNT OF LOAN $. 9.00 Discount Points equals
§. 18.0000 % Per Year — Rate of Charge $. 4680.00 Prepaid Finance Charge
Rate at which Discount Poinis are
calculated __0.00_____-% per day.
PROMISE TO PAY: You promise to us the Actual Amount cf Loan shown above plus interest. You will pay a Monthly instalment on the 1st ue
Dat anon sae yo evry marth vt he il Ove Delo won ou wk cor ecco aaa on te tt Du
the unpaid balance of the Actual Amount of Loan plus interest that hes become due.
Se a a? interes Is caloulate atthe te of each payment onthe thn unpaid belance ofthe Actual Amount of Loan a he Rate of Charge
shown Bbave,
LOAN ORIGINATION CHARGE: We charge @ nonrefundable Loan Origination Charge on Page 2. The Loan Origination Ci Is equal to 1%
ofthe Actual Amount of Loan or $10.0. whichaver is greater. tha oan we makoretnances oF rnows a oen on whi Loan Oighaion Chan
was colectd, th Loan Onigiation Charge wl be $50.00 We wi not charge you a Loan Grighnation Charge more tan once dung = 20-day porta
POIHTS: As itted by Section 1321.57(G), a Section of the Ohio Mortgage Loan Act (MLA), Section 1321.51 to Section 1321.60 and Section
12198 Oot ea wry app SP nbc ms aS AG SO cn
8 prior loan made within one year the Date of Loan shown on Page 1 Of this Agreement and on whict we charged and collected Points, we may
hot charge any Points on this loan.
CE 3 O-15 SIPP (7/93) Page 2 of 4
aSame ol'Borrower: HENRY, JAMES,BARBARA Date of Loan: 01/05/85 Account No.: 22948734
e
LOAN AGREEMENT (continued) : wey
DISCOUNT POINTS: in addition to the Points authorized by Section 1321.57(6), we may charge addtional Discount
Section 17351-7 note, United States Code (USC). Theda Bes oak ae a Rate shown inthe
nthe Actual Amount of Loan for @ pei of one day only. This is te day wo etend Crd te yor
GOTHENT IW ADVANCE: Subjct tothe potential mpostion ot a Prepayment Charge, you prepay the loan In ful
0 not prepay the loan in tul, you will continue to pay Monthy instalments each Cec my
PREPAYMENT CHARGE: if you prepay this toan {fu within G0 months of the Date of Loan by means other than refinancing with us, you wil pay
8 Prepayment Charge equal to 1% of the Actual Amount of Loan.
PROPERTY INSURANCE: You will the property securing this loan insured Jainst loss by fire or other risks and name us loss payee and deliver
10s ass payable endoreart shonin us sc ee
ATTORNEY'S FEES: Wo charge and collect reasonable attomey’s fees and Court casts, as permitted by law, if, after declaretion of defautt, this
Ao oot sy pape ey Ep sat os ots con Hea ean ff
Incurred In recovering or selling any collateral taken as security for this foan,
Oye ae ct® RETURNED UNPAID: Ht you give usa check tha is tured unpeid, we can charge you 8 $10.0 te pus any fees assessed
by the financta! institution that refused to accept the check.
TIGRE? AFTER FINAL DUE DATE: you have no adhe an in fll ha Final Due Da, you wil py teres a the Rete of Charge unt payment
SNTEREST AFTER JUDGMENT: Hf a judgment is entered on this Loan Agreement, or an action for forectosure is obtained, the rate of Interest on the
‘amount of judgment awarded shell be the Rate of Charge.
DEFAULT: If you fail to imake ary payment within 30 days aftr it becomes due offal to comply withthe terms of the Mortgage, we can demand
Immediate it
payment of the entire amount you awe.
SECURITY: To secure this loanyou give us a security interest in your real property — First Mortgage.
ADVANCES: i, in accordance withthe terme of the Mortgage, we make payment for taxes, water or other charges or insurance
assessments, premiums.
and you do nct repay us at once, we may require you fo pay interest on this amount at the Rate cf Charge. We also may add this amount to the
‘unpaid balance of the Actual Amount of Loan.
APPLICABLE LAW: This toan is a feder ‘elated loan made at an agreed rete authorized by Section 501 (a), Pert A, Tite V, Public Law 96-221,
Til 12, Secon 1735-7 not, USC. THs an ao oy a sees a team Te a Uae eras Mortgage Transaction
Party Act section of the Gam-St. Germain Depository institutions Act of 1982, Sections 1 to 3808, Tite 12, USC. Regulations issued by tha Office
of Thuift Supervision, Department of the Treasury, also gover,
CREDIT INFORMATION: By applying tor a uv authorize and instruct us to request and recelve credit Information about you from any credit
rpoting apoyo id ary toe yee a oust 8:00 AM to 8:00 PM, Eastem time, to transfer any credit
information we may have about you to efits or thelr agents for slition purposes in onder tt you may lear about thelr ere or other
SIGNATURE: You signed this Loan Agreement onthe Dats of Loan inthe presence ofthe witnesses et MIDDLETOWN Ohi,
Day;___ 01-05-95
Wines: Or wnak, :
wor se) YA eae "
Wines:
‘Winess:
CE 3 OH-15 SIPP (7/83) Page 3 of 4CREDIT PROTECTION INFORMATION
Credh Lite and Credit Disability Protection: The cect fe and crectcsabity protection i witen by The Genta National Lie Insurance Company
of Omaha which is affliated wth us, We will not act as ‘broker or fiduclary for you on the loan and we Obtain some benefit from the sale
Of the credit protection, “oer 9 Bryon my
HOTICE REGARDING CREDIT LIFE AND CREDIT DISABILITY INSURANCE
Myou obtain credit ite and/or credit cisabitty insurance on this loan, tease read your Insurance certificate carefully, The insurance certficate contains
Broo which iit when you may recave ced ean creat aby bate. Tho Gedh dss teens ee Se
WARNING: THIS DISABILITY INSURANCE MAY WOT COVER THE FULL TERM OR AMOUNT OF YOUR LOAN.
Other provisions we wish to highlight:
Ja the eae i, oan Cae Ge ee Caan con wih
Provisions Regarding an Untruthtul Statement or Omission or Fraud: Within the two year period after the date of loan, the
Insurance compary may vold the cra fe or credit lsabilty ingurance or deny a clalm f you made an untruthful statement or
mite significant information abovt your heath in any application forthe Insurance, The Ineurance company may not do 80 ator
‘two year pertod.
Fatinancing: Hf you retinanoe tis loan by obtaining @ new loan from usin the futur, wth new cra fe and/or creitcisabity
iisurence coverage, the same provisions reparding an untruthful statement, omission ora pre-existing medical onion wil apply
during the two-year or s-month period after the date of the new loan,
CE 9 OH-15 SIPP (7/83) Page 4 of 4“11/16/2885 22:13 5137558591
COTS Crane Ay
. PAGE| Jf
ROIOW ALL MEN BY THESE PRESENTS, tut Seca a RE BARDARA AMEE numa vere 2
bereafiar referred to as “Mettyagors,” for and ia copalderation of a Joan made to Mortgagors
ee . 6
. oe
dae herewim in tho
+ heveafier referred (a ws “Durtgagos," real propeny locata ta te Couayy oF
Sears eee pew eee ae
SIXVATED IN THE COUNTY OF a eee aR. STATE oF
OHIO AND It THW TOWNSRIF
2, MANGE 6, LEMUN TUWNSHIE, BUILER COUNTY, Ouro,
Dow Keown as Let 18: coco108s:
. . Baled ta far Rgoona ane
ot Bes ii a Han
{ FA a ia sj i se
Se eee ae Os Lew homme pl ate te
+ ‘That prior mostgags was recorded on . 19____ with the Recordar of the County’ of - Ohio
i
| : ". SUBDIVISION OF LOTS AND LANDS LOCATED IN SECTION 26, rom .
1
!
i
9
| Rite Moctgagaie gi pee si sac condo o mrs ih papa ofthe Loan Agent td bligationa ascure by the
Vin
‘that ifthe
Samay condition” spn at a rt Mt rt pa iis Morar pe
. ' pecared Wr ibis Momgage in accor soeontinee with ts tania of toe Lean
a as waar seca cena: a oy ero
+ Wi Gand) of Mog ras o Mga a pt ed pen
Sova in the dail wal papa. .
ee raten wencopaan seiner, wd ep, agre © py and perros lon:
j sronad tent, taxes and publ ig cps Br which ibe Seat orto rb ae ten
goods, chettals a recy innured fire of other hazards and
eee Mongneee my fren Se aii ee aes
et ‘erate webu Sitiowe polices of cwriinies
nad authority to ry delingoent expense Irhich Moctgagory fare covensnicd ty this
Se
@ eevee ee beers wee a Br mpm, He pe rony obteia such aie. Joey
. tee eerie i See aaa feerved terest, on a Tour
yy ereerunaey ee tS pee pera haw ie cee
Sorel by Oh, Mec shall Bono an Seoen coe eit adie
i (ott neu Spud, bosmae ebcpad of mocgrsre Heated on tae
| Binet he arrest to re bar se tea seies ener too eae
commencement of foreclonute of this Mortgage or p sult to which may be made & party by reason of this
ora any hoe suring op staan Norge, pn tpi a Po son oro
nT ode puma cl ae Pope CD cot he ray oa
tp cea toes erg F rales te Pavey props oe rere and ay i
fesclouize ‘tien red Bas tsa Property reused et eccoctance with ike OF this
piece he sea hi neany np Pry anc Be los
Nee 6 OALTLGD, Bd, Ave. ‘88"11/16/2085 22:13 5137558591 URBAN ABSTRACT PAGE 28
arise
ISR Sr
OR,
Ce Mongagora wolunuuily shall zl or convey the Prepanty, ia whole of yeti he oar oy et es
divest themselves of titde {a the Property, the entire mapaid balance of the loag plus interes: immediately and without notice shall «
become dus and payable. This option shall not agply if(1) the sale of the Property is permitted becauts the parchaser’s creditworthiness.
4s salsfactory to Mortgagos and (2) that purchaser, proc tothe ala, has ected « writan assumption agromanot containing terms
preserfbod by Mortgages including, If required, an increase in the rue of tueres payable vader tho Lum Agrecmant
IN WITNESS WHEREOF, Mongagoss have heceusto signed oo 01-05 1923,
‘Signod end acknowledged ‘ mt : .
: PARTE BAKER °
| STATE OF OHIO :
‘oy a
COUNTY OF RUT
Beforw me, a Natuy Public foe the Sta of Obi rae the shove named
each eie entation
se ean nt
Drains tnt i ae yey
Morya uf road, :
BENEFICIAL MORTGAGE CO. OF OHIO
Yer Praten
ae
‘Dor 4 Cbtel3615-93, a. Avg. ‘411/16/2085 22:13 5137558591, URBAN ABSTRACT
CET ELIE) Ee ee
6447 race i
Form 668 {¥) (c) | 28° Separtment of the Tresaury - internal Revenue Service
(Raw, October 1993) Notice of Federal Tax Lien
Oistrict Serlal Number Far Oplional Use by Recordlag Ollice
OHIO 319750123
AS provided by sections 6321, 6322, and 6323 of the Internal Revenue
Code, we are giving @ notice that taxes (Including interest and penaities)
hove been sscossad against the fallowing-named taxpayer. We have made
mand for payment of this Iability, but ft remaine un ‘Therefore,
Is a Men In favor of the United States on all property and rights to
property betonging to this taxpayer for the amount of theso taxes, and
additional penalties, Interest, and costs that may accrue,
Name of Taxpayer JAMES A & GARBARA A HENRY
Residence = =©3108 JUDY OR
MIDDLETOWN, OH 45044-7533
IMPORTANT RELEASE INFORMATION: For each assessment listed below,
unless notice of lien is refiled by the date given in column (e), this notice shall,
‘on the following cuch date, operate ax 2 cartilicate of release as defined
: in IRC 6326(a).
: aes
i Tax Pertod Date af Last Day for Unpald Balance
‘ Kind of Tax: Ended identifying Number | Assessment Refilling of Assessment
i { ta) {b} ()- (9) (e)
oa.
f 1060] 12/31/94 MS | 05/08/95 | 06/07/05 7146.05
:
3
’
j a 42 Herbal
$ a Bait 4a? At lBsBt Ph
é 4 6t47 Pg. 1518 4 1516
Place of Filing
COUNTY RECOROER Total |§ \
BUTLER COUNTY 7194.08
HAMILTON, OH 45011 :
Cincinnati, OH on this,
This notice was prepared and signed at
the 03 rs aay at’ _Ssetegvet so a.
ys Sha
Signature . Title
for RICHARO SPRIGG, ACS BRANCH CHIEF 31-01-00017
(NOTE: Cartticale of officer avthorizad by law to take acknowlecgmants is not ‘essential lo ihe validity of Novse of Federal Tax iien .
te 408, +2 CB, 409)
ene Fa AEE ABNOR Part 1 Kept By Recording Office Form 688 {Y) (6) (Rev. 10/53)11/16/2885 22:13
ee
3B
7 9 9
vege
9?
lo
i
(
;
‘F
9
nt
oO
“ :
a
ie
In
, OHIO
Eh
5137558591
OR. 6 Paar 1687
URBAN ABSTRACT
Form 688 (¥) (c)_ | 369
(Rev, October 1993)
Department of the Treaaury « Internal Revenue Service
Notice of Fedaral Tax Lien
Olatrict
Serlat Number
- As provided by esctlons 6821 6322,
Coda, we are giving @ notice that
@ demand tor
* there Isa fen
Property belonging
. Motion
taxes (Including Interast
have Deen aspessed agalnst the following-
dn favor of the United Statae on all Property and rights to
and 6323 of the Ravenus
wn Penalties)
named yer, We have made
but & aciaine Unpald. Therafore,
# these
that may accrue,
Raaidence oe JUDY DR
unloss notice of Hen
of the day following such date, operate
Inia sass? re
Kind of Tax
fa)
MIDDLETOWN: GH 45044-7533
IMPORTANT RELEASE INFORMATION: For each assessment listed below,
13 rafiled By the date given in column,
Identtying Number
‘
Vol. 6139]
(e), this notice shati,
telease as defined
43 a certificate of
Date of
Lant Day for
Auagsoment
(9)
Rein
997 Ae t1542 an,
Pa. 1687 = r687
af Anassamant
: 1040
1040
12/31/95
12/91 796
o9r2zssT
09/29/97
10/22/07
10/29/07
924.45
5866.14
Place of Filing
COUNTY RECORDER
DUTLER COUNTY
.
This notice was praparad and signed at —Clacinastieod + On this,
‘the 1th day of,
‘
Total
Sats
8790.79
Signature
for RICHARD SPRY.
129 Qk
+ ACS
‘itn
(NOTE: Corttlents of oiticer authorized
ayaw
Rev. Piul. 71-408, 1874 - 80.8, 409)
Pant - Kept By Resorging omnes
BRANCH CHIEF 31-01-0000
18 taha-acbpevcjounts in el eazental fet valy af Mattes of Faderai Tax Non '
Form 68 (¥) te) (Rev, 10/83) a
2
oO.
PAGE 1711/16/2885 22:13 5137558591
arise 3
URBAN ABSTRACT
PAGE 18
Form 688 (Y){e) | 369 it of the Treasury - intorna! Revenue Service - |
tRev, Cobar 1989) Notice of Federal Tax Lien
District (Seriat Number For! Usa by >
OHIO 210979584 ____
‘As provided by sections 6321, 6322, and 6323 ‘of the Internal Revenue
Code, we ara giving a notice that taxes {including interest and penalties)
have been assessed against the following-named taxpuyer. We have made
a demand for payment of this liability, but It remains unpaid, Therefore, .
there is a tien in favor of the United States on all property and rights to
property belonging to this taxpayer tor the ameunt of thasa taxes, and
additional penalties, interest, and costs that may accrue,
Wome orTexpaver—aMES A & BARBARA A HENRY
Residence 3108 JUDY OR
MIDOLETDWN, GH 46044 -7é6a3
—— —_
IMPORTANT RELEASE INFORMATION: For each assessment listed below, |
uniese notice of tian is refiled by the date given in column (a), thic notice shal,
on oe or yprowing ‘such dale, operate as a ceniicaty ‘uf release af defined in
IAC 6325(a).
ne
Kind ut Tex {Tax Period Ended |Idantitying Number Last Day for Unpaid Balance of -
. Radiiin Assessment
(a) 0) © 1 “ne rm
1040 12/31/1997 08/a1/1999 | 06/30/2009 182,16
1040 12/31/1938 06/07/1939 07/07/2009 1599.71
Br Record in -
R EAT, oH
NN CRANK’
Oa d3-g2, 6000 At_o9}43:5i am.
FED |TAY LN, 5. Of -
OR Hook 6458 Page 60 - 660
Place of Filing v
SHCOUNTY RECORDER Tot | 3 :
BUTLER COUNTY 3 1761.37
HaMU TON, OH 4so11 x
This notice was prepared and signed at Cincinnati, OH on this,
1
the ath day of March. 5 2an0..
LW -
Signalure Te tite
for GARY WATTS REVENUE OFFICER 31-01-1284 -
Say ar tT vay 01 Hence of Pedra Te re, Ra. 74-406, T9719 CB, 409)
PART 11 Kier wr Regonowe Cenct Ferm sau ft) fe) (Ras, ORR)
‘GAT, NO, 60628
"WROTE Drradcate oF @iRCer Rutmorice 07 tan Mt Mae11/16/2085 22:13 §137558591 URBAN ABSTRACT
PAGE 19
etree peed
op G4SSmncct119
Form 668 (Y}{c}_ | 369 Departmant of the Treasury - interna! Revenue Service -
(Rev. October ery Notice of Federal Tax Lien
District ‘Sorta Number ‘Optional Use by Onlice
OHIO. 319081809
‘As provided by sectlons 6921, 6322, and 6323 of ‘the Internal Revenue -
Cade. we are giving a notice that taxes (including Interest and penalties)
have bean assessed against the following-named taxpayer. We have made
8 demand for payment of this liability, but It remains unpaid, Therefore, -
there [s a lien in favor of the United States on all property and rights to
property belonging to this taxpayer fer the amount of thaco tayes, and
additional penalties, interest, and costs that may accrue. -
Namo ofTexpayet” — SaES A & BARBARA A HENRY
Residence 3108 JUDY DR
MIDOLEOKN, OH 45044-7599 . .
' — ee
IMPORTANT RELEASE INFORMATION: For each assessment listed below,
untars notice of lien is refiled by the date given In column (e), this notice shall, -
en the oe follawing such date, operate as B Carlificate of relaase as deiniud in
IAC 6325(a).
Date of Last Day for ‘Unpaid Gatance of -
Tex “— Ended Wentitying Number Asacasmant ella Ksansament
(2) (o) @
1e40 | ,2va1s1983 0/22/2000 | 06/21/2010 14730.90
Booogogsaags
Filed for Rego -
ice cegay lb
og At_ 10.8613 am
x Be -
OR Bock 6485/Page fhe - ann9
Place of Filing
COUNTY RECORDER Tout | & -
BUTLER COUNTY 14730.90
i
This notice was prepared and signed at Cinoinneti OH. on this,
meget day of June. . ZAR.
ee ee
BART 1 abt By Ricomowa Orret Form $06 (1) (a) (Rev. 16-20)
CAT, NOL S0028K
ee - woeshho
a. #
COMMERCE TITLE...
581 Boston Mills Road Suite 100 Hudson, Ohio 44236 | 2 3953
(330)650-0551 FAX (330)650-0643 u
i
ARPS) TER
A couury
* Cours
no
C
PRELIMINARY JUDICIAL REPORT
Judicial Policy No.: 828-211236
File No.: 211236
Prepared For: Stephen D. Miles
18 W. Monument Avenue
Dayton, OH 45402
Inquiries Should be Directed To:
Commerce Land Title Agency, LLC dba Commerce Title Company
581 Boston Mills Road Suite 100
Hudson, OH 44236
(330)650-0551
Pursuant to your request for a report for use In judicial Proceedings, we have made an examination of the records
of Butler County, State of Ohio , and we together with First American Title Insurance Company, for a valuable
Consideration, hereby guarantee, in the amount not to exceed $63,851.39 that the title to the premises
hereinafter described, as appears from said records, is at the date hereof 11/07/2005 in
James A. Henry and Barbara A. Henry
Title Acquired by: Warranty Deed, filed 4/25/1991 recorded in Volume 1722 Page 422 , Butler County,
Ohio.
Schedule A
Description of Real Property
Situated in the Township of Lemon, County of Butler and State of Ohio
and being Lot Number One Hundred Forty-Three (143)* as the same Is known and designated on the Recorded
Plat of Damon Park, Part Three, a subdivision of lots and lands located in Section 26, Town 2, Range 4, Lenion
Township, Butler County, Ohio.
*now known as Lot 18018 in the City of Middletown
PROPERTY ADDRESS: 3108 Judy Drive, Middletown, OH 45044
PARCEL NO.: Q6542-098-000-127; Q6542-098-000-128
Page 1 of 3File No.: 211236
10.
11.
12,
13.
Schedule B
Mortgage between James A. Henry and Barbara A. Henry, husband and wife, as mortgagor,
Mortgage Co. of Ohio, as mortgagee, in the original stated principal amount of $53,600.00, recorded 1/9/1995 in
Volume 5276 Page 193,
Certificate of Judgment in favor of State of Ohio Department of Taxation and against James A. Henry and Barbara
A. Henry in the amount of $1,581.94 plus interest and costs as shown in Case No. WT97-02-0153 filed
2/24/1997 , and recorded in Judgment No. JD97-02-0561
Certificate of Judgment in favor of State of Ohio Department of Taxation and against James A. Henry and Barbara
A. Henry in the amount of $956.33 plus interest and costs as shown in Case No. WT2000-04-0332 filed
4/3/2000 , and recorded in Judgment No. n/a.
Certificate of Judgment in favor of State of Ohio Department of Taxation and against James A. Henry and Barbara
A. Henry in the amount of $350.55 Plus interest and costs as shown in Case No. WT95-11-0641 filed
11/20/1995 , and recorded in Judgment No. JD95-11-2278 .
Certificate of Judgment in favor of State of Ohio Department of Taxation and against James A. Henry and Barbara
A. Henry in the amount of $2,696.05 plus interest and costs as shown in Case No. WT95-11-0642 filed
11/20/1995 , and recorded in Judgment No. JD95-11-2279 .
Certificate of Judgment in favor of State of Ohio Department of Taxation and against James A. Henry and Barbara
A. Henry in the amount of $893.32 plus interest and costs as shown in Case No, WT96-01-0023 filed 1/17/1996 ,
and recorded in Judgment No. JD96-01-0050 .
Certificate of Judgment in favor of State of Ohio Department of Taxation and against James A. Henry and Barbara
A. Henry in the amount of $1,825.55 plus interest and costs as shown in Case No. WT95-07-0388 filed
7/20/1995 , and recorded in Judgment No, JD95-07-1342 .
Certificate of Judgment in favor of State of Ohio Department of Taxation and against James A. Henry and Barbara
A. Henry in the amount of $2,489.21 plus interest and costs as shown in Case No. WT94-10-1071 filed
10/19/1994 , and recorded in Judgment No. JD94-10-2482 .
Federal Tax Lien filed against James A. and Barbara A. Henry in the amount of $7,194.05 as recorded 9/19/1997
in Volume OR 6147 Page 1516 of Butler County Records,
Federal Tax Lien filed against James A. and Barbara A. Henry in the amount $6,790.79 as recorded 11/3/1997 in
Volume OR 6159 Page 1687 of Butler County Records.
Federal Tax Lien filed against James A. and Barbara A. Henry In the amount of $1,781.87 as recorded 3/21/2000
in Volume 6458 Page 660 of Butler County Records.
Federal Tax Lien filed against James A. and Barbara A. Henry in the amount of $14,730.90 as recorded 6/19/2000
in Volume OR 6485 Page 1119 of Butier County Records.
Annexation Agreement as recorded in Volume 1805 Page 248 of Butler County Records.
Page 2 of 314. Proposed Annexation as recorded in Volume 2334 Page A which is changing our lot #143 to 18018 of Butler
County Records,
15. Taxes and assessments as to Parcel No. Q6542-098-000-127 assessed in the name of James A, Henry and
Barbara B. Henry for the second half 2004 Taxes, in the amount of $423.65 , are not Paid, subject to penalty and
interest .The total amount now due is $4,394.62 plus penalties,
16. Taxes and assessments as to Parcel No, Q6542-098-000-128 assessed in the name of James A. Henry and
Barbara B, Henry for the second half 2004 Taxes, in the amount of $83.37 , are not Paid, subject to penalty and
interest .The total amount now due is $765.58 plus penalties,
17, Bankruptcy - Chapter 7 filed by James A. Henry as shown in Case No. 01-33725 filed 5/25/2001 , Dayton , Ohio.
STATUS; Case Closed: 6/5/2002
BANKRUPTCY RECORDS: We have searched the appropriate county as of 11/21/2005 , anda bankruptcy was of
record,
For more information, see Item #17 above,
This is a guarantee of the record title only and is made for the use and the benefit of all Parties to said Proceedings, and
the purchaser at judicial sale thereunder,
Date Issued: 11/22/2005
Commerce Land Title Agency, LLC dba Commerce Title Company assumes no llability for matters affecting title
subsequent to the date hereof nor does the Company assume responsibility for the proper form or execution of any
documents to be filed unless the same are approved by the Company.
Should you require full coverage, including matters not appearing of record, a Policy of Title Insurance should be ordered.
In Witness whereof, Commerce Land Title Agency, LLC dba has caused its Corporate name to be hereunto affixed.
Issued By: Commerce Land Title Agency, LLC dba Commerce
Commerce Land Title Agency, LLC dba Commerce Title Title Company
Company
581 Boston Mills Road Suite 100
Hudson, OH 44236 (KE. .
(330)650-0551 (Liebe
By:
Authorized Signatory
Page 3 of 3OFFICE OF THE CLERK OF COURTS
BUTLER COUNTY
BENEFICIAL MORTGAGE CO, OF QOH, +38
eyo
Plaintiff
. SUNT
vs COURTS
JAMES A. HENRY
INSTRUCTIONS FOR SERVICE
Defendant
TO THE CLERK:
Please serve the following by: Certified Mail
1). James A. Henry
3108 Judy Dr.
Middletown, OH 45044
2). Barbara A. Henry
3108 Judy Dr.
Middletown, OH 45044
3). Unknown Tenant
3108 Judy Dr.
Middletown, OH 45044
4). State of Ohio, Department of Taxation, Revenue Recovery Section
30 E. Broad St.
Columbus, OH 43266-0404
5). United States of America c/o U S Attorney General
Washington, DC 20530
6). United States of America c/o U S Attorney
Suite 400, Atrium 2
221 E. Fourth St.
Cincinnati, OH 45202
7). Butler County Treasurer
315 High St.- 10th Floor
Hamilton, OH 45011OFFICE OF THE CLERK OF COURTS
BUTLER COUNTY
BENEFICIAL MORTGAGE CO. OF OHIO ro
Plaintiff CASE NO. .
2005-+92-395-5
JUDGE: ,
ea a
vs. “cousty
JAMES A. HENRY clean CURT
INSTRUCTIONS FOR SERVICE
Defendant
TO THE CLERK:
Please serve the following by: Certified Mail
PAPERS TO BE SERVED:
Complaint for Foreclosure
° allen iw!) / Niles
BY: STEPHEN D. MILES (0003716)
Attorney for Plaintiff
18 West Monument Avenue
Dayton, Ohio 45402
(937) 461-1900
Fax No. (937) 461-0444