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200715082
(JAH) COURT OF COMMON PLEAS
. MONTGOMERY COUNTY, OHIO
Countrywide Home Loans, Inc. Case No. 07-2994
Plaintiff, ; Judge Dennis J. Langer
-vs-
FINAL & APPEALABLE
Robert L. Betts, et al i
; JUDGMENT AND DECREE
Defendants. | IN FORECLOSURE
This matter is before the Court on the Motion for Default of
the plaintiff, to obtain judgment upon the Note as described in
the Complaint; and to foreclose the lien of the Mortgage securing
the obligation of such Note upon the real estate described herein;
and to require all parties to set up their claims to the real
estate or be barred.
The Court finds that all necessary parties have been properly
served, are properly before the Court, and that the defendants,
Robert L. Betts, and Carol L. Betts, are in default of Motion or
Answer.
TOMATO OE A A
LSR200715082D278P 1500C9The Court finds that based upon return of service, the
defendant, Jamie Doe, name unknown, occupant, does not exist and
is hereby dismissed as a party defendant.
The Court finds that the allegations contained in the
Complaint are true and that there is due and owing to the
plaintiff, from the defendant, Robert L. Betts, upon the subject
Note the principal balance of $40,728.68, for which amount
judgment is hereby rendered in favor of the plaintiff, with
interest at the rate of 6.25 percent per annum from September 1,
2006, together with advances for taxes, insurance and otherwise
expended, plus costs.
The Court finds that the Note is secured by the Mortgage held
by the plaintiff, which mortgage constitutes a valid and first
lien upon the following described premises:
See Exhibit “A”
The Court finds that the Mortgage was filed for record on
April 1, 2004, in Mortgage Volume 04-035503, of this County's
Recorder's Office; that the conditions of said Mortgage have been
broken and plaintiff is entitled to have the equity of redemption
of the defendant-titleholders foreclosed.
The Court finds that the defendant, Montgomery County
Treasurer, has an interest in the real estate which is the
subject of this action, which interest is senior in priority to
plaintiff's interest as hereinabove set forth.IT IS THEREFORE, ORDERED that unless the sums hereinabove
found to be due to plaintiff, and the costs of this action, be
fully paid within three (3) days from the date of the entry of
this decree, the equity of redemption of the defendant-
titlehoiders in said real estate shall be foreclosed and the real
estate sold, free of the interests of all parties herein, and an
order of sale shall issue to the Sheriff of this County, directing
him to appraise, advertise and sell said real estate, according to
law and the orders of this Court, and report his proceedings to
this Court.
IT IS FURTHER ORDERED that the Sheriff shall send counsel for
the party requesting the Order of Sale a copy of the publication
notice promptly upon its first publication.
IT IS FURTHER ORDERED that the Sheriff, upon confirmation of
said sale, shall pay from the proceeds of said sale, upon the
claims herein found, the amounts thereof in the following order of
priority:
1. To the Clerk of this Court, the costs of this action,
including the fees of appraisers.
2. To the Treasurer of this County, the taxes and
assessments, due and payable as of the date of transfer
of the property after Sheriff’s Sale.
3. To the plaintiff, the sum of $40,728.68, with interest
at the rate of 6.25 percent per annum from September 1,
2006, together with advances for taxes, insurance and
otherwise expended, plus costs.4. The balance of the sale proceeds, if any, shall be paid
by the Sheriff to the Clerk of this Court to await
further orders of this Court.
THIS IS A FINAL APPEALABLE ORDER, AND THERE IS NO JUST REASON
FOR DELAY FOR PURPOSES OF OHIO RULE OF CIVIL PROCEDURE 54.
PURSUANT TO OHIO APPELLATE RULE 4, THE PARTIES SHALL FILE A
NOTICE OF APPEAL WITHIN THIRTY (30) DAYS.
L0.4/\
a '\
SO ORDERED:
JUDGE
oppure Uli,
Jeffrey |R| Helfmb, Trial Counsel
Ohio Supreme CWurt Reg. #0075659
Attorneys for Plaintiff
LERNER, SAMPSON & ROTHFUSS
120 East Fourth Street, 8th Floor
Cincinnati, OH 45202-4007
Ph: (513) 241-3100
Fax: (513) 241-4094
attyemail@lsrlaw.com
The undersigned hereby certifies that the examination of
title to the subject real estate has been extended to
(a [oT to determine if any parties have acquired any
interest therein subsequent to said previous examination and
said examination to whom the doctrine of lis pendens applies.
\ yp RM RAL eo Qarns
Jefitel R- efimsSituate in the City of Dayton, County of Montgomery, State of Ohie and being 6" taken by parallel fines off the
south side of Lot Numbered Forty Two Thousand Seven Hundred Ninety Eight (42,798) and 37 taken by parallel
fines off the north side of Lot Numbered Forty Two Thousand Seven Hundred Ninety Nine (42,799) both of the
consecutive numbers of lots on the revised plat of the City of Dayton, Ohio.
Parcel Nos. R72-81-7-1, 51
Preview
itm 207 AUG 3 pH 2:41 200715082 (JAH) COURT OF COMMON PLEAS . MONTGOMERY COUNTY, OHIO Countrywide Home Loans, Inc. Case No. 07-2994 Plaintiff, ; Judge Dennis J. Langer -vs- FINAL & APPEALABLE Robert L. Betts, et al i ; JUDGMENT AND DECREE Defendants. | IN FORECLOSURE This matter is before the Court on the Motion for Default of the plaintiff, to obtain judgment upon the Note as described in the Complaint; and to foreclose the lien of the Mortgage securing the obligation of such Note upon the real estate described herein; and to require all parties to set up their claims to the real estate or be barred. The Court finds that all necessary parties have been properly served, are properly before the Court, and that the defendants, Robert L. Betts, and Carol L. Betts, are in default of Motion or Answer. TOMATO OE A A LSR200715082D278P 1500C9The Court finds that based upon return of service, the defendant, Jamie Doe, name unknown, occupant, does not exist and is hereby dismissed as a party defendant. The Court finds that the allegations contained in the Complaint are true and that there is due and owing to the plaintiff, from the defendant, Robert L. Betts, upon the subject Note the principal balance of $40,728.68, for which amount judgment is hereby rendered in favor of the plaintiff, with interest at the rate of 6.25 percent per annum from September 1, 2006, together with advances for taxes, insurance and otherwise expended, plus costs. The Court finds that the Note is secured by the Mortgage held by the plaintiff, which mortgage constitutes a valid and first lien upon the following described premises: See Exhibit “A” The Court finds that the Mortgage was filed for record on April 1, 2004, in Mortgage Volume 04-035503, of this County's Recorder's Office; that the conditions of said Mortgage have been broken and plaintiff is entitled to have the equity of redemption of the defendant-titleholders foreclosed. The Court finds that the defendant, Montgomery County Treasurer, has an interest in the real estate which is the subject of this action, which interest is senior in priority to plaintiff's interest as hereinabove set forth.IT IS THEREFORE, ORDERED that unless the sums hereinabove found to be due to plaintiff, and the costs of this action, be fully paid within three (3) days from the date of the entry of this decree, the equity of redemption of the defendant- titlehoiders in said real estate shall be foreclosed and the real estate sold, free of the interests of all parties herein, and an order of sale shall issue to the Sheriff of this County, directing him to appraise, advertise and sell said real estate, according to law and the orders of this Court, and report his proceedings to this Court. IT IS FURTHER ORDERED that the Sheriff shall send counsel for the party requesting the Order of Sale a copy of the publication notice promptly upon its first publication. IT IS FURTHER ORDERED that the Sheriff, upon confirmation of said sale, shall pay from the proceeds of said sale, upon the claims herein found, the amounts thereof in the following order of priority: 1. To the Clerk of this Court, the costs of this action, including the fees of appraisers. 2. To the Treasurer of this County, the taxes and assessments, due and payable as of the date of transfer of the property after Sheriff’s Sale. 3. To the plaintiff, the sum of $40,728.68, with interest at the rate of 6.25 percent per annum from September 1, 2006, together with advances for taxes, insurance and otherwise expended, plus costs.4. The balance of the sale proceeds, if any, shall be paid by the Sheriff to the Clerk of this Court to await further orders of this Court. THIS IS A FINAL APPEALABLE ORDER, AND THERE IS NO JUST REASON FOR DELAY FOR PURPOSES OF OHIO RULE OF CIVIL PROCEDURE 54. PURSUANT TO OHIO APPELLATE RULE 4, THE PARTIES SHALL FILE A NOTICE OF APPEAL WITHIN THIRTY (30) DAYS. L0.4/\ a '\ SO ORDERED: JUDGE oppure Uli, Jeffrey |R| Helfmb, Trial Counsel Ohio Supreme CWurt Reg. #0075659 Attorneys for Plaintiff LERNER, SAMPSON & ROTHFUSS 120 East Fourth Street, 8th Floor Cincinnati, OH 45202-4007 Ph: (513) 241-3100 Fax: (513) 241-4094 attyemail@lsrlaw.com The undersigned hereby certifies that the examination of title to the subject real estate has been extended to (a [oT to determine if any parties have acquired any interest therein subsequent to said previous examination and said examination to whom the doctrine of lis pendens applies. \ yp RM RAL eo Qarns Jefitel R- efimsSituate in the City of Dayton, County of Montgomery, State of Ohie and being 6" taken by parallel fines off the south side of Lot Numbered Forty Two Thousand Seven Hundred Ninety Eight (42,798) and 37 taken by parallel fines off the north side of Lot Numbered Forty Two Thousand Seven Hundred Ninety Nine (42,799) both of the consecutive numbers of lots on the revised plat of the City of Dayton, Ohio. Parcel Nos. R72-81-7-1, 51