NOTICE OF DEFAULT AND FORECLOSURE SALE
LEGAL NOTICE
WHEREAS, on February 02, 2007 a certain Mortgage Deed was executed by Evelyn F. McLean, deceased, as mortgagor(s) (grantor(s)) in favor of Pacific Reverse Mortgage, Inc./dba Financial Heritage, as mortgagee (grantee), and was recorded on March 22, 2007 in Book 2092 and Page 204 in the Office of the Recorder, Muskingum County, Ohio; and
WHEREAS the Mortgage was insured by the United States Secretary of Housing and Urban Development (the Secretary) pursuant to the National Housing Act for the purpose of providing single family housing; and
WHEREAS, the Mortgage is now owned by the Secretary, pursuant to an assignment dated November 14, 2017, and recorded on November 22, 2017, in/as Book 2758 and Page 277, in the Office of the Recorder, Muskingum County, Ohio; and
WHEREAS a default has been made in the covenants and conditions of the Mortgage in that payment due on May 13, 2024 was not made and remains wholly unpaid as of the date of this notice, and no payment has been made sufficient to restore the loan to currency; and
WHEREAS the entire amount delinquent as oof March 04, 2026 , is 78,966.02; and
WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Mortgage to be immediately due and payable.
NOW THEREFORE, pursuant to powers vested in me by the Single Family Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR Part 27 subpart B, and by the Secretary's designation of me as Foreclosure Commissioner, recorded on Commissioner May 19, 2025, in BK 3269 PG 255-257, notice is hereby given that, on July 15, 2026 at 10:00 AM local time, all real and personal property at or used in connection with the following described premises ("Property"), will be sold at public auction to the highest bidder(s):
LEGAL DESCRIPTION
SITUATED IN THE COUNTY OF MUSKINGUM, IN THE STATE OF OHIO, AND IN THE TOWNSHIP OF NEWTON, BOUNDED AND DESCRIBED AS FOLLOWS.
BEING A PART OF THE NORTHWEST QUARTER OF SECTION TWENTY-SIX (26), TOWNSHIP FIFTEEN (15), RANGE FOURTEEN (14), BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A STONE AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER 310.29 FEET TO AN IRON PIN AT THE TRUE PLACE OF BEGINNING FOR THE PARCEL HEREIN INTENDED TO BE CONVEYED; THENCE CONTINUING SOUTH ALONG THE EAST LINE OF SAID QUARTER 1019.25 FEET TO AN IRON PIN, SAID PIN BEING THE NORTHEAST CORNER OF A 73.44 ACRE TRACT CONVEYED TO ROLLAND DOZER IN DEED BOOK 314, PAGE 178 OF THE RECORDS OF MUSKINGUM COUNTY, OHIO; THENCE NORTH 89 DEGREES 49 MINUTES WEST ALONG THE NORTH LINE OF SAID DOZER TRACT 559.68 FEET TO AN IRON PIN ON SAID NORTH LINE, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF A 39.98 ACRE TRACT CONVEYED TO EMMA MILLER IN DEED BOOK 198, PAGE 455 OF SAID COUNTY RECORDS; THENCE NORTH 0 DEGREES 11 MINUTES EAST ALONG THE MOST EASTERLY EAST LINE OF SAID MILLER TRACT 391.38 FEET TO AN IRON PIN AT THE MOST EASTERLY NORTHEAST CORNER OF SAID MILLER TRACT; THENCE NORTH 89 DEGREES 49 MINUTES WEST ALONG THE MOST SOUTHERLY NORTH LINE OF SAID MILLER TRACT 812.50 FEET TO AN IRON PIN ON THE EASTERLY LINE OF COUNTY ROAD NO. 41; THENCE CONTINUING NORTH 89 DEGREES 49 MINUTES WEST ALONG MILLER'S MOST SOUTHERLY NORTH LINE 20 FEET TO A POINT IN THE CENTER OF SAID ROAD; THENCE NORTH 10 DEGREES 11 MINUTES EAST ALONG THE CENTER OF SAID ROAD 100.83 FEET TO A POINT; THENCE CONTINUING ALONG THE CENTER OF SAID ROAD NORTH 0 DEGREES 40 MINUTES WEST 127.15 FEET TO A POINT; THENCE LEAVING SAID ROAD NORTH 89 DEGREES 50 MINUTES EAST 20 FEET TO AN IRON PIN ON THE EASTERLY LINE OF SAID ROAD; THENCE CONTINUING NORTH 89 DEGREES 50 MINUTES EAST 503.72 FEET TO AN IRON PIN; THENCE NORTH 0 DEGREES 10 MINUTES WEST 164.50 FEET TO AN IRON PIN; THENCE NORTH 75 DEGREES 21 MINUTES EAST 881.64 FEET TO THE TRUE PLACE OF BEGINNING, CONTAINING SEVENTEEN AND EIGHTY-FIVE HUNDREDTHS (17.85) ACRES, MORE OR LESS.
SUBJECT TO THE EASEMENTS OF COUNTY ROAD NO. 41
BEING A PART OF THE PREMISES CONVEYED FROM LEVI AND MARY KOON TO DONALD HINA, ET UX, BY DEED DATED MARCH 12, 1952 AND RECORDED IN DEED BOOK 410, PAGE 12 OF THE RECORDS OF MUSKINGUM COUNTY, OHIO.
PRIOR DEED REFERENCE: VOL. 537, PAGE 177, MUSKINGUM COUNTY DEED RECORDS.
SAVING AND EXCEPTING THE FOLLOWING:
SITUATED IN THE STATE OF OHIO, COUNTY OF MUSKINGUM, TOWNSHIP OF NEWTON, T 15, R 14, NORTHWEST QUARTER OF SECTION 26, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE SOUTH 838.16 FEET TO AN IRON PIN THE PLACE OF BEGINNING; THENCE SOUTH 491.38 FEET; THENCE NORTH 89 DEGREES 49 MINUTES WEST 559.68 FEET; THENCE NORTH 0 DEGREES 11 MINUTES EAST 391.38 FEET; THENCE NORTH 89 DEGREES 49 MINUTES WEST 262.25 FEET TO AN IRON PIN; THENCE NORTH 3 DEGREES 4 MINUTES EAST 100.00 FEET TO AN IRON PIN; SOUTH 89 DEGREES 49 MINUTES EAST 815.33 FEET TO AN IRON PIN THE PLACE OF BEGINNING CONTAINING 6.90 ACRES MORE OR LESS.
ALSO GRANTING A RIGHT OF WAY OVER THE FOLLOWING DESCRIBED PREMISES:
SITUATED IN THE STATE OF OHIO, COUNTY OF MUSKINGUM, TOWNSHIP OF NEWTON, T 15 R 14 NORTHWEST QUARTER OF SECTION 26, BOUNDED AND DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE SOUTH 838.16 FEET; THENCE NORTH 89 DEGREES 49 MINUTES EAST 815.33 FEET; THENCE SOUTH 3 DEGREES 04 MINUTES WEST 84.98 FEET TO THE PLACE OF BEGINNING; THENCE SOUTH 3 DEGREES 04 MINUTES WEST 15.02 FEET; THENCE NORTH 89 DEGREES 49 MINUTES WEST 570.25 FEET TO THE CENTER OF COUNTY ROAD 41; THENCE ALONG CENTER OF COUNTY ROAD 41 NORTH 10 DEGREES 00 MINUTES EAST 15.22 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES EAST 568.41 FEET TO THE PLACE OF BEGINNING, CONTAINING 0.20 ACRES MORE OR LESS.
SURVEY AND DESCRIPTION BY R.L. DANIELS REGISTERED SURVEYOR NO. 5410.
PRIOR DEED REFERENCE: VOL. 844, PAGE 178, MUSKINGUM COUNTY DEED RECORDS.
FURTHER SAVING AND EXCEPTING THE FOLLOWING:
SITUATED IN THE STATE OF OHIO, IN THE COUNTY OF MUSKINGUM, AND IN THE TOWNSHIP OF NEWTON, T 15, R 14, PART OF THE NORTHWEST QUARTER OF SECTION 26, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A STONE FOUND AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE SOUTH 0 DEGREES 00 MINUTES 00 SECONDS WEST 303.06 FEET TO AN IRON PIN SET, THE PLACE OF BEGINNING; THENCE SOUTH 0 DEGREES 00 MINUTES 00 SECONDS WEST 528.14 FEET TO AN IRON PIN SET; THENCE LEAVING EAST LINE OF SAID SECTION NORTH 88 DEGREES 13 MINUTES 00 SECOND WEST 817.47 FEET TO AN IRON PIN FOUND; THENCE NORTH 1 DEGREES 37 MINUTES 05 SECONDS EAST 135.57 FEET TO AN IRON PIN FOUND; THENCE NORTH 88 DEGREES 26 MINUTES 08 SECONDS WEST 38.59 FEET TO AN IRON PIN FOUND; THENCE NORTH 1 DEGREES 23 MINUTES 20 SECOND EAST 163.93 FEET TO AN IRON PIN FOUND; THENCE NORTH 76 DEGREES 35 MINUTES 01 SECOND EAST 871.64 FEET TO THE PLACE OF BEGINNING, CONTAINING 7.96 ACRES MORE OR LESS.
BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 26 BEARING SOUTH 0 DEGREES 00’ 00" WEST.
Commonly known as:
6120 Lambert Rd, Roseville, OH 43777
Permanent Parcel Number(s): 47-94-26-04-000
The sale will be held in the lobby of the Muskingum County Court of Common Pleas, 401 Main Street, Zanesville, Ohio 43701.
The United States Secretary of Housing and Urban Development will bid $84,148.62, plus any additional accrual, fees, costs or charges incurred by the Secretary up to the date of sale.
There will be no proration of taxes, rents or other income or liabilities, except that the purchaser(s) will pay, at or before closing, his (their) pro-rata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale.
When making their bids, all bidders, except the Secretary, must submit a deposit totaling $8,414.86 in the form of a certified check or cashier's check made out to the United States Secretary of Housing and Urban Development. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $8,414.86 must be presented before the bidding is closed. The deposit is non-refundable. The remainder of the purchase price must be delivered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier's check. If the Secretary is the high bidder, he need not pay the bid amount in cash. The successful bidder(s) will pay all conveyancing fees, all real estate and other taxes that are due on or after the delivery date of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidder(s) will be returned to them.
The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for 15-day increments for a fee of $500, paid in advance. The extension fee shall be paid in the form of a certified or cashier's check made payable to the United States Secretary of Housing and Urban Development. If the high bidder(s) close(s) the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due at closing.
If the high bidder(s) is/are unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit, or at the election of the foreclosure commissioner after consultation with the HUD representative, will be liable to the Secretary for any costs incurred as a result of such failure, and the Commissioner may, at the direction of the HUD Field Office Representative, offer the Property to the second highest bidder for an amount equal to the highest price offered by that bidder.
There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein. HUD does not guarantee that the property will be vacant.
The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the mortgagor to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the mortgage agreement are tendered to the Foreclosure Commissioner, in the form of a certified or cashier's check payable to the United States Secretary of Housing and Urban Development, before public auction of the property is completed.
The amount that must be paid if the mortgage is to be reinstated prior to the scheduled sale is $14,279.05 as of July 15, 2026, plus all other amounts that would be due under the mortgage agreement if payments under the mortgage had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner’s attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement. Tender of payment by certified or cashier's check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below.
This Instrument prepared by:
Mark R. Lembright, Esq.
4807 Rockside Road, Suite 200
Independence, OH 44131
Firm # 24-025883
ZTR- 12424197 06/22/26 06/29/26 07/06/26