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  • CV 2008 06 2610 document preview
  • CV 2008 06 2610 document preview
  • CV 2008 06 2610 document preview
  • CV 2008 06 2610 document preview
  • CV 2008 06 2610 document preview
  • CV 2008 06 2610 document preview
  • CV 2008 06 2610 document preview
  • CV 2008 06 2610 document preview
						
                                

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200828567 (jap) FILED 2008 JUN 11 PH 2: IGcourr oF COMMON PLEAS BUTLER COUNTY, OHIO Fifth oniGhE SK, AF, COU MS. any c/o Fifth Third Bank Madisonville Operations Center Maildrop 1M0C20 38 Fountain Square Plaza Cincinnati, OH 45202 Plaintiff vs. Dudley P. Halcomb 192 East Ritter Street Seven Mile, OH 45062 Jane Doe, name unknown, Dudley P. Halcomb 192 East Ritter Street Seven Mile, OH 45062 spouse of Butler County Treasurer 315 High Street, 10th Floor Hamilton, OH 45011 Aurogroup Financial Credit Union fka Mutual Benefit Credit Union, Inc. successor by merger to Hambuco Federal Credit Union fka Hambuco Schools Federal Credit Union 139 East Fourth Street Cincinnati, OH 45202 Defendants. COMPLAINT - FORECLOSURE Permanent Parcel No. N6300-073- 000-013 LSR200828567D157P1300C9COMPLAINT 5 9 —_——— an é COUNT ONE 1. Plaintiff is the holder of a note, a coony cose URTS on is unavailable at this time, By reason of default under the terms of the note and the mortgage securing same, plaintiff has declared the debt evidenced by said note due, and there is due thereon from the defendant, Dudley p. Halcomb, $129,109.65, together with interest at the rate of 6.62500% per year from January 1, 2008, plus court costs, advances, and other charges, as allowed by law. COUNT TWO 2. Plaintiff incorporates the allegations of Count One and further states that it is the holder of a mortgage, a copy of which is attached hereto as Exhibit ‘A’, The mortgage was given to secure payment of the above-described note, and said mortgage constitutes a valid first lien upon the real estate described therein. 3. The mortgage was filed for record on April 18, 2006, in Volume 7727, Page 1495 , of the county recorder's records. The conditions of defeasance contained therein have been broken; plaintiff has complied with all conditions precedent; and plaintiff is entitled to have said mortgage foreclosed. The Master Mortgage containing the terms and conditions of said mortgage was OMEN LSR200828567D157P1300C9filed for record on May 27, 2004, in OR Book é said County Recorder's records. K A UL 4. Plaintiff says that the defendant, Jane oped Sy ame 7375, page? 852) of unknown, spouse of Dudley P. Halcomb, may claim an interest in the subject Property as the current spouse of the defendant- titleholder, Dudley P. Halcomb. Plaintiff states that it cannot currently discover the real name of said defendant. 5. Plaintiff says that the defendant, Butler County Treasurer, may claim an interest in the above described property by virtue of any unpaid real estate taxes and/or assessments due and owing on the subject property. 6. Plaintiff says that the defendant, Aurogroup Financial Credit Union fka Mutual Benefit Credit Union, Inc. successor by merger to Hambuco Federal Credit Union fka Hambuco Schools Federal Credit Union, may claim an interest in the above described property by virtue of a mortgage filed against James S. Heiser and Sandra R. Heiser, on 01/20/89, in Book 2007, page 446, of said County Recorder's Records, which lien is believed to be paid off, however, not released of record. WHEREFORE, plaintiff prays for judgment against defendant, Dudley P. Halcomb, in the amount of $129,109.65, together with interest at the rate of 6.62500% per year from January 1, 2008 plus court costs, advances, and other charges, as allowed by law;that plaintiff's mortgage be adjudged a valid first, liep Q@xion Uthe 2903 Us real estate described herein, and that said mortgage be UNG seo csuRts foreclosed; that said real property be ordered. gold!’ and that Plaintiff be paid out of the proceeds of such sale; for such other relief, legal and equitable, as may be proper and necessary; and that all the other defendants herein be required to set up their liens or interests in said real estate or be forever barred from asserting same. Stacya&-Curliss, Trial Counsel Ohio Supreme Yourt Reg. #0081870 LERNER, SAMPS! & ROTHFUSS Attorneys for Fifth Third Mortgage Company P.O. Box 5480 Cincinnati, OH 45201-5480 (513) 241-3100 (513) 241-4094 (Fax) attyemail@lsrlaw.com The undersigned hereby certifies that 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 that, in the opinion of the undersigned, all such_parties have been named as parties to this action.: 2910 WRITTEN REQUEST FOR CERTIFIED MAIL SERVICE BY THE?CLERK 62 couRTS OF BUTLER COUNTY, OHIO ON THE FOLLOWING NAMED DEFENDANT(S):...- Dudley P. Halcomb 192 East Ritter Street Seven Mile, OH 45062 Jane Doe, name unknown, spouse of Dudley P. Halcomb 192 East Ritter Street Seven Mile, OH 45062 Aurogroup Financial Credit Union fka Mutual Benefit Credit Union, Inc. successor by merger to Hambuco Federal Credit Union fka Hambuco Schools Federal Credit Union 139 East Fourth Street Cincinnati, OH 45202From: unknown Page: 8/21 Date: 6/10/2008 2:53:57 PM Ae “ROURTS BK: 7727 PG: 1496 Return To: Fifth Thitd Mostgage Company Bee Te ord tn 38 Fountain Square Plaza, MD:1COMS1 Cincinnati, Ohio 45202 ecuen AY 06146136 an, OR Book 7727 Puae 1495 ~ tye [Space Above This Line For Recording Data} MORTGAGE DEFINITIONS ae te male sections of this document arc defined below and in the Master Mortgage Form {as herein. after defined), (4) "Security Anstrument” means thie document, which is dated April 10,2006 togethor with all Riders to this cument, (3) “Borrower” is Dudley P Halcomb, an unmarrted man. Borrower is the mortgagor under this Security Instrumem. (C) "Lender" is FIFTH THIRD MORTGAGE COMPANY. Lender is a corporntion orgnnized and existing under the laws of OHTO. Lendet's address is 38 FOUNTAIN SQUARE PLAZA, CINCINNATI, OH 45263, (©) "Note" means the promissory note signed by Bonrower and dated April 10, 2006, ‘The Note states that Borrower owes Lender dred so/100 Dollars (US. $ 132,800.00) plus imerest, Bourower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May 01, 2036, (E) “Property” means the property that is described below under the heading "Transfer of Rights in the Property.” F) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and lave charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" moans all Riders to this Security Instrument that are executed by Borrower. The following Ridexs are to be executed by Borrower [check box as applicable]: [] Adjustable Rate Rider (} Condominlum Rider [] Second Home Rider [] Balloon Rider [) Planned Unit Development Rider (} 1-4 Family Rider (IVA Rider [J Other(s) [specify] Initials H sornsio 10101020402116 Page tof 4From: unknown Page: 921 Date: 6/10/2008 2:53:57 PM TRANSFER OF RIGHTS IN THE PROPERTY 8K: 7727 PG: 1496 (il) the performance of Borrower's ‘Covenants and agreements under this ‘Security Instrument and the Note. For this pareet, gy Goes hereby morgsgs, pat eal convey to Lender the lowing ererbel oe (Prope MAQ@DTR-B00.913 whieh creaty has th adéss of 192 E Rite Suet Seven Mile, OH 45062 ("Property Address"): MASTER MORTGAGE FORM: Aill termas of that certain master; mortgage form ("Master Mortgage Form" tecorded May 27, 2004 pursuant to Ohio Revised Code section $302.15 in the ze of the Butler County Recorder, Instrument No 200400041763, OR a a7 Puge B52 by Fith Thisd Mortgage Company, by Sten Grecaee, we ty this reference incorporated as {ully and to the sande extent as if set forth and contained herein, COPY: A copy of the Master Mortgage Form has been fumished tothe mortgegor prior to the execution ofthis Security Instrument ond mortgagor hereby ackoowledgcs receipt ofthe same by signe atthe coe of this instrument. CERTAIN OTHER ADVANCES: reservation of the Property, including to cure Borrower's defeults by making any stich Payments which Borrowers thould have paid as provided in this Security Instrument, affirm and comply with the provisions of Section 5303.23 of the Revised Code of Ohio. 402116180 aFrom: unknewn Page: 10/21 Date: 6/10/2008 2:53:87 PM MT ss este BK: 7727 PG: 1497 BY SIGNING BELOW, Borrower accepts and fzrees to the terns znd covenants contained inthis Security + a i a ead the nt te Ma: Moage Pon eal ay Re ee recorded with t roe Oe a Mate Mortgage Form sant be deed apart of he Sec be sis tact (3) eae instumen, phe any Rider) and attchod loader shall stand by itaclf asd! 1. morse document, binding on (6) for the benefit of Fifth Third Mortgage Cotpany, itt success and Dudley P Yktcomb (Seal) (Seel) (Seal) (Seal) (Seal) (Sealy (Seal) (Seal) STATE OF OH; COUNTY OF BUTLER On this_94/10/06 before me a Nowury Public in and for said County and State, personally appeared Dudicy P Halcomb the individual(s) Who executed the foregoing instrument and acknowledge that he/she ia gtamine and read the same and did sign the foregoing fstrument, and that tbe sane s higher Rete eee IN WITNESS HEREOF, Ubave bercunto set my hand and official seat EDWARD B, SCHAEFER KK pile (Seal) Attorney At Law —— Notary Public, State of Ohio Notary Public, Butler County My Commigeion Has No Exp. Dale Suction 147.03 O.R.C. ‘My Commission State of OH ‘This instrument was prepared by: FIFTH THIRD MORTGAGE COMPARY 38 FOUNTAIN SQUARE PLAZA CINCINNATI, OHIO 45263 402136180 Page dof 4From: unknown Page: 11/21 Date: 6/10/2008 2:53:58 PM 06-2152 EXRIBIT “a” LEGAL DESCRIPTION OF SUBJECT PROPERTY The legal description for the Property located at: Pinc ar © 192 F. Ritter Stret CATA Seven Mile, OH 45062 . . is 29 follows: BK: 7727 PG: 1498 Parcel #N6300-073-000-013 Loan Number 402116180FILED 2 GRNR ZIONS 1h sans 23h 28H 1 PH? COURT OF COMMON PLEAS 2105 06 6 cidui CARPENTER — BUTLER counry, onto LAPEER BUTLER COUNTY og SLUR CLERK OF COURTS PRAECIPE : F cQurt Fifth Third Mortgage Company PLAINTIFF CASE NO: Dudley P. Halcomb, et al. DEFENDANT Please issue a Residential and/or Personal Service of Summons on the Complaint via Court Appointed Special Process Server Legalex, Inc. Dudley P. Halcomb 192 East Ritter Street Seven Mile, OH 45062 Jane Doe, name unknown, spouse of Dudley P. Halcomb 192 East Ritter Street Seven Mile, OH 45062 Butler County Treasurer 315 High Street, 10th Floor Hamilton, OH 45011 Aurogroup Financial Credit Union fka Mutual Benefit Credit Union, Inc. successor by merger to Hambuco Federal Credit Union fka Hambuco Schools Federal Credit Union 139 East Fourth Street Cincinnati, OH 45202 Ohio Supremeé Court No. 0081870 Attorney fok Plaintiff Lerner, Sampson & Rothfuss 120 East Fourth Street, 8th Floor Cincinnati, OH 45202-4007 (513) 241-3100 (513) 241-4094 Fax attyemail@lsrlaw.com LSR200828567D579P 1300C9Lerner Sampson & Rorturuss A LEGAL PROFESSIONAL ASSOCIATION oleh 120 East Fourth Street, 8th Floor - Cincinnati, OH 4sd@al4dan3 Phone (513) 241-3100 - Fax (513) 241-4004 June 10, 2008 Butler Clerk of Courts Court of Common Pleas Government Services Center 315 High Street 5th Floor Hamilton, OH 45011 IN RE: Fifth Third Mortgage Company -vs- Halcomb, Dudley P. LS&R No.: 200828567 Dear Sir or Madame: Enclosed are the original and multiple copies of a Complaint for filing. Please file the original and return one (1) time-stamped copy in the enclosed self-addressed, stamped envelope. Also enclosed please find our check in the sum of $600 for the filing fee. This filing was sent and received by overnight shipping because of the time sensitive nature of these enclosures. Pursuant to Revised Code Section 2303.08, please endorse today's date (the date received) as the filing date and process this filing. Thank you. Very truly yours, LERNER, SAMPSON & ROTHFUSS liss, Attorney at Law SLC/jap Enclosures