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COMMON PLEAS COURT
of MAHONING COUNTY, OHIO

Full text of Legal Notice

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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

Judge John M .Durkin

Case No. 20CV 1383

THE FARMERS NATIONAL BANK OF CANFIELD

PLAINTIFF,

VS.

ESTATE OF MARY ALICE LYDEN, DECEASED, ET AL

DEFENDANTS.

Estate of Mary Alice Lyden, Deceased, Unknown Executor or Administrator of the Estate of Mary Alice Lyden, Deceased, Unknown Heirs, Devisees, Legatees, of the Estate of Mary Alice Lyden, Deceased, Estate of Thomas F. Lyden, Jr. aka Thomas Lyden, Deceased, Unknown Executor or Administrator of the Estate of Thomas F. Lyden, Jr. aka Thomas Lyden, Deceased, Unknown Heirs, Devisees, Legatees, of the Estate of Thomas F. Lyden, Jr., aka Thomas Lyden, Deceased, whose addresses are unknown and who cannot be served within the State of Ohio, will take notice that Plaintiff filed a Complaint in Mortgage Foreclosure in the Court of Common Pleas of Mahoning County, Ohio on August 24, 2020, in Case No. 20CV 1383, against Estate of Mary Alice Lyden, Deceased, et al., Defendants, alleging that on or about July 15, 2005, Plaintiff extended a loan to Mary Alice Lyden and Thomas F. Lyden, Jr. aka Thomas Lyden ("Lydens"), both of whom are now deceased; that Lydens executed and delivered to Plaintiff a certain Adjustable Rate Note ("the Note"), in the amount of $60,800.00, a true copy of which is attached  to the Complaint as Exhibit "A"; that Plaintiff is the holder of the Note, upon which there is due and owing to Plaintiff $41,412.43, plus interest from December 2, 2019 at the rate of 5.00% per annum, unpaid late charges, and any other costs and expenses recoverable under the Note and the mortgage; that to secure payment of the Note, Lydens granted Plaintiff a Mortgage, and thereby conditionally conveyed to Plaintiff the real property described therein, and known as and located at 4782 Kirk Road, Youngstown, Ohio 44515, Parcel No. 48-093-0-045.000; that the Mortgage was recorded in OR Book 5547, Page 461, Mahoning County Records, a true copy of which is attached to the Complaint as Exhibit "B"; that the Mortgage is the first and best lien against the subject real estate, after the lien of Defendant Mahoning County Treasurer for real estate taxes; that the Note secured by the Mortgage is in default for lack of payment, the conditions of the Mortgage have been broken, Plaintiff is the holder of the Mortgage and is entitled to have the Mortgage foreclosed; that Defendant Mahoning County Treasurer holds a claim on the subject real estate for real estate taxes; that Defendants Estate of Mary Alice Lyden, Deceased, Unknown Executor or Administrator of the Estate of Mary Alice Lyden, Deceased, Unknown Heirs, Devisees, Legatees, of the Estate of Mary Alice Lyden, Deceased, Estate of Thomas F. Lyden, Jr. aka Thomas Lyden, Deceased, Unknown Executor or Administrator of the Estate of Thomas F. Lyden, Jr. aka Thomas Lyden, Deceased, Unknown Heirs, Devisees, Legatees, of the Estate of Thomas F. Lyden, Jr., aka Thomas Lyden, Deceased may have or claim to have interests in the subject real estate. The Complaint 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 subject real property or be forever barred from asserting the same; that Plaintiff obtain judgment in foreclosure; that the subject premises be appraised and sold in this action, and the proceeds applied to the satisfaction of Plaintiff's Mortgage in its proper priority; and that the Court grant such order and further relief as equity and the nature of the case may require.

Defendants Estate of Mary Alice Lyden, Deceased, Unknown Executor or Administrator of the Estate of Mary Alice Lyden, Deceased, Unknown Heirs, Devisees, Legatees, of the Estate of Mary Alice Lyden, Deceased, Estate of Thomas F. Lyden, Jr. aka Thomas Lyden, Deceased, Unknown Executor or Administrator of the Estate of Thomas F. Lyden, Jr. aka Thomas Lyden, Deceased, Unknown Heirs, Devisees, Legatees, of the Estate of Thomas F. Lyden, Jr., aka Thomas Lyden, Deceased, are further notified that they are required to answer the Complaint within Twenty-eight (28) days of the last publication of this notice; said answer day being the 4th day of December, 2020; and set forth whatever interest they may have in and to the above-described real estate or be forever barred from asserting the same.

JERRY M. BRYAN

Attorney for Plaintiff.

Oct 2, 9, 16, 23, 30; Nov 6, 2020

20-00551

 

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