Summons by Publication

IN THE CIRCUIT COURT OF THE STATE OF OREGON IN AND FOR THE COUNTY OF COLUMBIA Case No. 18CV16164 SUMMONS BY PUBLICATION DITECH FINANCIAL, LLC, Plaintiff vs. RICHARD MESTAS, an individual; ADELE MESTAS, an individual; FARMERS INSURANCE COMPANY OF OREGON, a corporation; FARMERS INSURANCE GROUP OF COMPANIES, a corporation, Defendants. SUMMONS BY PUBLICATION TO THE DEFENDANT: RICHARD MESTAS. In the name of the State of Oregon, you are hereby required to appear and defend the complaint filed against you in the above entitled Court within thirty (30) days from the date of the first publication of this summons. The date of first publication in this matter is August 31, 2018. If you fail timely to appear and answer, for want thereof, plaintiff(s) will apply to the court for relief demanded in the complaint. SUMMARY OF RELIEF SOUGHT BY PLAINTIFF: This is an action for Declaratory Relief, for a casualty (fire) which occurred at a property located at 720 Riverside Drive, Vernonia, OR 97064. Plaintiff made a loan to Defendants Richard and Adele Mestas, and secured said loan with a Promissory Note, signed by Defendants Mestas, and a Deed of Trust, on said property. Plaintiff seeks a judgment declaring that: 1. Plaintiff is entitled, pursuant to the terms of the Note and Deed of Trust, to the proceeds arising from the Claim; 2. Declaring that Farmers is required to issue a new proceeds check, made payable solely to Plaintiff Ditech, in the total amount of $130,785.74; 3. Declaring that Defendants Richard and Adele Mestas have no rights to any proceeds from the Claim, except those proceeds which are in excess of the current obligation owed to Plaintiff arising from the operation of the Note and Deed of Trust; 4. For such other and further relief as the Court deems just and proper. NOTICE TO THE DEFENDANT: READ THESE PAPERS CAREFULLY! You must appear to protect your rights in this matter. To appear you must file with the court a legal paper called a motion or reply. The motion or reply must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on the defendant’s attorney or, if the defendant does not have an attorney, proof of service on the defendant. If you have questions, you should see an attorney immediately. If you need help in finding an attorney, you may call the Oregon State Bar’s Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon at (800) 452-7636. The Oregon State Bar`s web address is http://www.osbar.org. This summons is issued pursuant to ORCP 7. Malcolm Cisneros, A Law Corporation By: Steve Bonfiglio, OSB # 051220 Of Attorneys for Plaintiff 2112 Business Center Drive, Second Floor Irvine, CA 92612 P: (949) 252-9400, F: (949) 252-1032 sbonfiglio@mclaw.org Published Aug. 31, Sep. 7, 14 & 21, 2018. CCS65844

ad: 65844

Publication: Miscellaneous 2

Section: Legals

Start Date: 2018/08/31

End Date: 2018/09/21

Court Number: 18CV16164

Owner: Malcolm Cisneros

City: LAKE OSWEGO

County: Columbia