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COMMON PLEAS COURT
of MAHONING COUNTY, OHIO

Full text of Legal Notice

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LEGAL NOTICE

JEFFREY R. JINKENS

Attorney At Law

LUPER NEIDENTHAL & LOGAN LPA

1200 LeVegue Tower

50 West Broad Street

Columbus, OH 43215

Telephone: (614) 221-7663

IN THE COURT OF

COMMON PLEAS,

MAHONING COUNTY, OHIO

120 Market Street

Youngstown, Ohio 44503-1751

Case No. 11CV 4006

Judge Maureen Ann Sweeney

THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-1CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-1CB

PLAINTIFF,

VS.

JAMES CLOSSON, ET AL

DEFENDANTS.

Defendants, James Closson, Unknown Spouse, of James Closson, Cindy Ray, and Unknown Spouse, of Cindy Ray, whose place of residence is unknown and whose last known address is 157 Argyle Avenue, Youngstown, OH 44512, and who cannot be served within the State of Ohio, will take notice that on the 20th day of December, 2011, The Bank of New York Mellon, fka the Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-1CB, Mortgage Pass-Through Certificates, Series 2005-1CB, filed a Complaint against you in the Court of Common Pleas of Mahoning County, Ohio, in Case No. 11CV 4006 against James Closson, and others as Defendants, alleging that Defendant, James Closson, executed and delivered a certain Note, a copy of which is attached to the Complaint and made a part thereof, that there is due to Plaintiff from Defendants, James Closson, by reason of default under the terms of the Note the unpaid principal balance of $67,355.37 plus interest at the rate of 6.250% per annum from July 1, 2009; that to secure the payment of said Note Defendant, James Closson, executed and delivered a Mortgage Deed, thereby conveying the following described premises:

PROPERTY LOCATION: 157 Argyle Avenue, Youngstown, OH 44512.

PERMANENT PARCEL NO.: 29-003-0-068.000

A full description can be obtained from the Mahoning County Auditor's Office.

that said Note is in default, whereby the conditions set forth in said Note and Mortgage have been broken, said Mortgage Deed has become absolute and Plaintiff is entitled to have said Mortgage foreclosed, said premises sold, and the proceeds applied to the payment of Plaintiff's claims; that Defendants, listed in this action, may have or claim to have some interest in or lien upon said premises; that all of said Defendants be required to set forth any claim, lien or interest in or upon the above described premises which he or she may have or be forever barred there from; that therefore Plaintiff demands judgment against the Defendant, James Closson, in the amount of $67,355.37 plus interest at the rate of 6.250% per annum from July 1, 2009, plus any sums advanced to pay real estate taxes, hazard insurance premiums, property protection and maintenance, plus late charges and interest from the date of such advances; for Plaintiff's cost of evidence of title and for all of its costs herein expended; that the Mortgage referred to be found and adjudged to be a valid and subsisting, first and best lien upon the real estate described herein; that the Mortgage and the Defendants equity of redemption be foreclosed; that all parties hereto answer as to their interests or be forever barred from asserting the same; that all liens be marshalled and their priorities determined; that the premises be sold as if upon execution, and the proceeds of any sale be applied according to law; and for such other relief as is just and equitable.

Defendants, James Closson, Unknown Spouse, of James Closson, Cindy Ray, and Unknown Spouse of Cindy Ray, are further notified that they are required to answer said Complaint on or before 28 days after the last week that the publication has run for THREE successive weeks, or judgment may be rendered as prayed for therein. Said answer day being the 28th day of March, 2012.

LUPER NEIDENTHAL & LOGAN

BY:  JEFFREY R. JINKENS,

  Plaintiff's Attorney.

Feb 15,22,29, 2012   12-00141

 

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