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LEGAL NOTICE

JERRY M. BRYAN

ATTORNEY AT LAW

HENDERSON, COVINGTON, MESSENGER, NEWMAN & THOMAS CO., LPA

6 Federal Plaza Central, Suite 1300

Youngstown, OH 44503

Telephone: 330-744-1148

IN THE COURT OF

COMMON PLEAS,

MAHONING COUNTY, OHIO

120 Market Street

Youngstown, Ohio 44503-1751

Case No. 20CV 96

DANIEL R. YEMMA, AS TREASURER OF MAHONING COUNTY, OHIO

PLAINTIFF,

VS.

JOHN L. FLEET AKA JOHN L. FLEET, JR., ET AL

DEFENDANTS.

John L. Fleet aka John L. Fleet, Jr., whose address is unknown and who cannot be served within the State of Ohio, will  take notice that First Federal Bank of the Midwest, successor by merger to Defendant Home Savings Bank, successor by merger to The Home Savings and Loan Company of Youngstown, Ohio ("Defendant Home Savings") filed an Answer, Cross-Claim, and Counterclaim in the Common Pleas Court of Mahoning County, Ohio on January 31, 2020, Case No. 20 CV 96, alleging that Defendant Home Savings extended a loan to Defendants John L. Fleet aka John L. Fleet, Jr. and Rachelle M. Fleet ("Defendants Fleet") in the principal amount of $65,809.70 pursuant to a Commercial Real Estate Secured Note ("the First Note") in said amount, a copy of which attached to the Answer, Cross-Claim, and Counterclaim as Exhibit "B"; that Defendant Home Savings is the holder thereof, and there is owing to Defendant Home Savings on the First Note the sum of $43,930.60, plus interest at the rate of 4.25% per annum from July 23, 2019, unpaid late charges, fees, plus any other costs and expenses recoverable under the First Note and the mortgage; that to secure payment of the First Note, Defendants Fleet granted Defendant Home Savings a Mortgage ("the First Mortgage") and thereby conditionally conveyed to Defendant Home Savings the real property known as 59 Clifton Drive, Youngstown, Ohio 44512 (PPN: 29-001-0-539.000) and described in said First Mortgage, a copy of which is attached to the Answer, Cross-Claim, and Counterclaim as Exhibit "C"; that the First Mortgage is a valid lien against the real estate located at 59 Clifton Drive, after the lien of Plaintiff for real estate taxes; that the First Note secured by the First Mortgage is in default for lack of payment, the conditions of the First Mortgage have been broken, Defendant Home Savings is the holder of the First Mortgage, and Defendant Home Savings is entitled to have the First Mortgage foreclosed; and that the other Defendants may have or claim to have interests in the subject real estate. Said Answer, Cross-Claim, and Counterclaim also alleges that Defendant Home Savings extended a loan to Defendants Fleet in the principal amount of $49,850.62 pursuant to a Commercial Real Estate Secured Note ("the Second Note") in said amount, a copy of which is attached to the Answer, Cross-Claim, and Counterclaim as Exhibit "D"; that Defendant Home Savings is the holder thereof, and there is owing to Defendant Home Savings on the Second Note the sum of $34,703.19, plus interest at the rate of 5.00% per annum from July 9, 2019, unpaid late charges, fees, plus any other costs and expenses recoverable under the Second Note and the mortgage; that to secure payment of the Second Note, Defendants Fleet granted Defendant Home Savings a Mortgage ("the First Second") and thereby conditionally conveyed to Defendant Home Savings the real property known as 268 Erskine Avenue, Youngstown, Ohio 44512 (PPN: 29-009-0-063.000) and described in said Second Mortgage, a copy of which is attached to the Answer, Cross-Claim, and Counterclaim as Exhibit "E"; that the Second Mortgage is a valid lien against the real estate located at 268 Erskine Avenue, after the lien of Plaintiff for real estate taxes; the Second Note secured by the Second Mortgage is in default for lack of payment, the conditions of the Second Mortgage have been broken, Defendant Home Savings is the holder of the Second Mortgage, and Defendant Home Savings is entitled to have the Second Mortgage foreclosed; and that the other Defendants may have or claim to have interests in the subject real estate. The Answer, Cross-Claim and Counterclaim demands that the Defendants named therein be required to appear in this suit and set forth whatever interests they may have in and to the real estate located at 59 Clifton Drive, Youngstown, Ohio 44512 (PPN: 29-001-0-539.000) and 268 Erskine Avenue, Youngstown, Ohio 44512 (PPN: 29-009-0-063.000) or be forever barred from asserting the same; that judgment be entered in favor of Defendant Home Savings in said amounts; and the real estate located at 59 Clifton Drive, Youngstown, Ohio 44512 (PPN: 29-001-0-539.000) and 268 Erskine Avenue, Youngstown, Ohio 44512 (PPN: 29-009-0-063.000) be appraised and sold in this action, and the proceeds applied to the satisfaction of Defendant Home Savings' Mortgages in their proper priority; that Defendant Home Savings receive its costs in this action; and that the Court grant furter relief. 

Defendant John L. Fleet aka John L. Fleet Jr., is further notified that he is  required to answer the Complaint within Twenty-eight (28) days of the last publication of this notice; said answer day being the 27th day of August, 2020; and set forth whatever interest he may have in and to the above-described real estate or be forever barred from asserting the same.

JERRY M. BRYAN

Attorney for Cross-Claimant.

Jun 25; Jul 2, 9, 16, 23, 30, 2020

20-00340