42 Fremont Street, Battle Creek, MI 49017
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Public Foreclosure Notice
FORECLOSURE NOTICE (ALL COUNTIES) AS A DEBT COLLECTOR, WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ATTENTION HOMEOWNER: IF YOU ARE A MILITARY SERVICE MEMBER ON ACTIVE DUTY, IF YOUR PERIOD OF ACTIVE DUTY HAS CONCLUDED LESS THAN 90 DAYS AGO, OR IF YOU HAVE BEEN ORDERED TO ACTIVE DUTY, PLEASE CONTACT THE ATTORNEY FOR THE PARTY FORECLOSING THE MORTGAGE AT THE TELEPHONE NUMBER STATED IN THIS NOTICE. Notice of Foreclosure by Advertisement – Notice is given under section 3212 of the revised judicature act of 1961, 1961 PA 236, MCL 600.3212, that the following mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them, at a public auction sale to the highest bidder for cash or cashier's check at the place of holding the circuit court in Calhoun County, starting promptly at 9:00 AM a.m./p.m. on September 24, 2026. The amount due on the mortgage may be greater on the day of the sale. Placing the highest bid at the sale does not automatically entitle the purchaser to free and clear ownership of the property. A potential purchaser is encouraged to contact the county register of deeds office or a title insurance company, either of which may charge a fee for this information. Default having been made in the terms and conditions of a certain mortgage made by David A. Massimino and Patricia A. Massimino of Calhoun County, Michigan, Mortgagor to Fifth Third Bank (Western Michigan) dated the 24th day of August, 2005, and recorded in the office of the Register of Deeds, for the County of Calhoun and State of Michigan, on the 9th day of September, 2005, Liber 3037, Page 427, of the Calhoun County Records on which mortgage there is claimed to be due, at the date of this notice, for principal of $79,231.37 plus accrued interest at 6.75000% percent per annum. Which said premises are described as follows: All that certain piece or parcel of land situated in the City of Battle Creek, in the County of Calhoun and State of Michigan and described as follows to wit: PART OF LOT NUMBER 18 OF MERRITT`S ADDITION TO BATTLE CREEK, ACCORDING TO THE PLAT THEREOF RECORDED IN LIBER 41 OF DEEDS, ON PAGE 492, IN THE OFFICE OF THE REGISTER OF DEEDS FOR CALHOUN COUNTY, MICHIGAN, DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF LOT 18 OF MERRITT`S ADDITION TO BATTLE CREEK; RUNNING THENCE SOUTH ALONG THE EAST LINE OF FREMONT STREET, 61 FEET; THENCE EAST AT RIGHT ANGLES WITH THE EAST LINE OF FREMONT STREET, TO THE EAST LINE OF SAID LOT 18; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 18, TO THE NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT, TO THE PLACE OF BEGINNING. PARCEL NUMBER 2: PART OF LOT NUMBER 17 OF MERRITT`S ADDITION TO BATTLE CREEK, ACCORDING TO THE PLAT THEREOF RECORDED IN LIBER 41 OF DEEDS, ON PAGE 492, IN THE OFFICE OF THE REGISTER OF DEEDS FOR CALHOUN COUNTY, MICHIGAN, DESCRIBED AS: THE WESTERLY 1/2 OF THE FOLLOWING: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 17 OF MERRITT`S ADDITION TO BATTLE CREEK; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT, 33 FEET; THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOT AND THE NORTHERLY LINE OF LOT 16 OF SAID ADDITION, TO THE EAST LINE OF THE WEST 1/2 OF SAID LOT 16; THENCE NORTHERLY ALONG THE EAST LINE OF SAID WEST 1/2 OF SAID LOT 16, TO THE NORTHERLY LINE OF SAID LOT 16; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 16 AND SAID LOT 17, TO THE PLACE OF BEGINNING. Commonly known as: 42 Fremont Street, Battle Creek, MI 49017 Tax ID: 5350-00-037-0 If the property is sold at a foreclosure sale the borrower, pursuant to MCLA 600.3278 will be held responsible to the person who buys the property at the mortgage foreclosure sale or to the mortgage holder for damaging the property during the redemption period. The redemption period shall be six months from the date of such sale, unless determined abandoned in accordance with MCL 600.3241a, in which case the redemption period shall be 30 days from the date of such sale. FinCEN reporting will be required of all successful purchasers, absent a lawful exception. Dated: August 26, 2026 By: Benjamin N. Hoen #P-81415 Weltman, Weinberg & Reis Co., L.P.A. 5990 West Creek Road, Suite 200 Independence, OH 44131 Telephone: 216-739-5100 Fax: 216-363-4034 Email: bhoen@weltman.com WWR#: 26-000662-1 (08-26)(09-16)
