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  • TAX EASE OHIO V LLC vs PIERRE SANDERS MORTGAGE FORECLOSURE (MF) document preview
  • TAX EASE OHIO V LLC vs PIERRE SANDERS MORTGAGE FORECLOSURE (MF) document preview
  • TAX EASE OHIO V LLC vs PIERRE SANDERS MORTGAGE FORECLOSURE (MF) document preview
  • TAX EASE OHIO V LLC vs PIERRE SANDERS MORTGAGE FORECLOSURE (MF) document preview
  • TAX EASE OHIO V LLC vs PIERRE SANDERS MORTGAGE FORECLOSURE (MF) document preview
  • TAX EASE OHIO V LLC vs PIERRE SANDERS MORTGAGE FORECLOSURE (MF) document preview
  • TAX EASE OHIO V LLC vs PIERRE SANDERS MORTGAGE FORECLOSURE (MF) document preview
  • TAX EASE OHIO V LLC vs PIERRE SANDERS MORTGAGE FORECLOSURE (MF) document preview
						
                                

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ELECTRONICALLY FILED COURT OF COMMON PLEAS Friday, J anuary 12, 2024 3:34:30 P! CASE NUMBER: 2023 CV 02156 Docket ID: 462439487 Mike Fol CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO TAX EASE OHIO V, LLC CASE NO. 2023 CV 02156 Plaintiff JUDGE: ANGELINA JACKSON PRAECIPE FOR ORDER OF SALE BY PRIVATE SELLING OFFICER vs. PIERRE SANDERS, et al. Defendants To the Clerk of Courts: Please issue the following: 1. An order of sale to Private Selling Officer Jeffrey S. Lane of Prodigy Properties, whose address is 5254 Ridge Avenue, Suite 1, Cincinnati, OH 45213, to advertise and sell said real property in conformity with applicable provisions of R.C. sections 2329.01 to 2329.61. Weltman, Weinberg & Reis Co., L.P.A. /s/ Ricardo Johnston Benjamin N. Hoen #0077704 Larry R. Rothenberg #0011146 Ricardo L. Johnstone #0090721 MeganJ. Katz #0100256 Attomey for Plaintiff 312 Elm Street, Suite 1200 Cincinnati, OH 45202-3145 Phone: (513) 723-2200; Fax: (513) 723-2230 email: rjohnstone@ weltman.com WWR# 23-000180-1 EXHIBIT A Legal Description SITUATED IN THE TOWNSHIP OF HARRISON, COUNTY OF MONTGOMERY AND STATE OF OHIO AND BEING LOT NUMBERED 31 AND 32, FOREST PARK APARTMENTS, AS RECORDED IN PLAT BOOK "69", PAGE 71 OF THE PLAT RECORDS OF MONTGOMERY COUNTY, OHIO, EXCEPTING 25.8 FEET TAKEN BY PARALLEL LINES OFF THE SOUTH SIDE OF SAID LOT 32. THE PROPERTY ADDRESS AND TAX PARCEL IDENTIFICATION NUMBER LISTED HEREIN ARE PROVIDED SOLELY FOR INFORMATION PURPOSES, WITHOUT WARRANTY AS TO ACCURACY OR COMPLETENESS. Parcel Number: E20 24318 0011 and E20 24318 0012 Property Address: 4343 Fair Oaks Road, Dayton, OH 45405 ELECTRONICALLY FILED COURT OF COMMON PLEAS Friday, September 22, 2023 4:23:10 PM CASE NUMBER: 2023 CV 02156 Docket ID: 258480845 Mike y CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO TAX EASE OHIO V, LLC CASE NO. 2023 CV 02156 Plaintiff, JUDGE ANGELINA N. JACKSON IN REM JUDGMENT ENTRY vs. FORECLOSURE DECREE AND ORDER AUTHORIZING SALE BY PRIVATE PIERRE SANDERS, et al. SELLING OFFICER Defendants This cause was submitted to the Court and heard upon the Complaint of the Plaintiff, The answer of Defendant, Montgomery County Treasurer, the Plaintiffs Motion for Default Judgment, Plaintiff's Motion for Order Authorizing Private Selling Officer and the evidence. The Court finds that all necessary parties have been properly served according to law and are properly before the Court, and the Defendants Pierre Sanders, Unknown Spouse, if any, of Pierre Sanders, name unknown, Gerald Stauffer and TLC General Contracting, LLC, are in default of Answer, Motion or other pleading and have by reason thereof confessed the allegations of the Complaint to be true, and are forever barred from asserting any right, title or interest in the premises described herein. The Court finds that Defendant(s), John Doe, Unknown Occupant, if any, name unknown, is not a necessary party to the case and therefore the Defendant(s), is hereby dismissed without prejudice. The Court further finds that there is due to the Treasurer of this County accrued real property taxes, assessments, penalties and interest thereon, upon the premises described herein, the exact amount being unascertainable at the date hereof, but which amount will be determined by the Treasurer at the time of confirmation of sale of said premises pursuant to O.R.C. 323.47, for which amount the Treasurer has a good and valid lien. For purposes of determining such amount, the Treasurer may estimate the amount of taxes, assessments, interest and penalties that will be payable at the time the deed of the property is transferred to the purchaser. The Court finds that certain Tax Certificates (more specifically identified below) have been duly purchased by the Plaintiff and that the Plaintiff is the vested “certificate holder” as the term is defined in R.C. §5721.30(C) of the Ohio Revised Code. The Court further finds that the “certificate redemption price” as defined at R.C. §5721.30(E) appearing to be due on each certificate is due and unpaid. That pursuant to R.C. 5721.32(E) the delinquent taxes that make up the certificate purchase price have been transferred to the Plaintiff, and that by virtue of R.C. §5721.35(A) the first lien previously held by the State of Ohio and its taxing districts under R.C. §5721.20 is vested in the Plaintiff. The Court finds that the Plaintiffis entitled to foreclosure of its lien interests pursuant to R.C. §5721.37(F). The Court finds that pursuant to R.C. §5721.37(F), the tax certificate purchased by the certificate holder is presumptive evidence in all Courts and in all proceedings, of the amount and validity of the taxes, assessments, charges, penalties by the Court and added to such principal amount, and interest appearing due and unpaid and of their nonpayment. The Court further finds that the Plaintiff is the vested holder of the following Tax Certificates: a. Tax Certificate No. 2021-0000000684 b. Tax Certificate No. 2022-0000000762 The Court finds that there is due to the Plaintiffon the above-referenced Tax Certificates the following sum: a The fees and costs associated in this proceeding, including the $732.00 for title reports and $1,950.00 for Plaintiff's attorney fees; On Tax Certificate No. 2021-0000000684, the principal amount of $70,368.34, plus accrued interest in the amount of $15,844.92 through May 23, 2023, plus interest at 18.0000% thereafter. Cc On Tax Certificate No. 2022-0000000762, the principal amount of $18,265.04, plus accrued interest in the amount of $2,196.88 through May 23, 2023, plus interest at 18.0000% thereafter. Plus pursuant to the Notice of Intent to Foreclose, the principal amount of $14,971.22 plus accrued interest in the amount of $449.14 through May 23, 2023, plus interest at 18.00% thereafter, paid to the Montgomery County Treasurer for taxes, assessments, penalties, interest and charges that are not covered by a tax certificate. The Court finds that the Tax Certificates held by the Plaintiff constitute a first and valid lien against the following: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A Permanent Parcel No. PPN: E20 24318 0011 and E20 24318 0012 Street Address: 4343 Fair Oaks Road Dayton, OH 45405 The Court further finds that there is no just reason for delay in entering the judgment herein. IT IS THEREFORE ORDERED ADJUDGED AND DECREED: A That the within action shall proceed according to Chapter 5721.30, et seq. of the Ohio Revised Code.The motion to authorize the sale by Jeffrey S. Lane of Prodigy Properties as private selling officer (the “PSO”) is granted. B It is further ORDERED that unless, prior to the Confirmation of Sale of the certificate parcel under these foreclosure proceedings, there is tendered to the county treasurer the sums hereinabove found to be due to Plaintiff, there shall be no further equity of redemption; that said liens and said equity of redemption in and to the subject parcel shall be foreclosed; except that with respect to any lien of the United States, the United States shall have the right to redeem within the time period provided by 28 U.S.C. §2410(c).The Plaintiff may file a praecipe, at which time, an order of Sale shall issue to the PSO, to sell the Property at public auction according to the PSO's terms attached hereto as "Exhibit B," and the applicable provisions of ORC Chapter 2329. Cc It is further ORDERED that upon the sale of the within described premises and the Confirmation of Sale thereof, the PSO shall issue a Deed in accordance with law. D. It is further ORDERED that the PSO’s fee shall be either: (a) paid directly by judgment creditor, in which case none of the PSO fee will be charged as court costs or assessed against the defendants and the PSO shall show the PSO’s fee as $0 on the PSO’s report of sale; or (b) a buyer’s premium not to exceed 10% of the winning bid amount will be added to the buyer’s winning bid amount to establish the total purchase price to be paid by the buyer, and listed on the PSO’s report of sale. The costs and fees contained in the PSO’s report are to be taxed as costs to the case in accordance with R.C. §2329.152. E. It is further ORDERED that if the Property remains unsold after the first auction for want of bidders, the PSO may conduct a second online auction not earlier than three days or later than thirty days after the end of the first auction in accordance with §5721.39(C)(2). The second online auction shall be open for bidding for seven days during which the Property shall be offered for sale to the highest bidder and such second sale date shall be included in the notice required by R.C. §2329.26. Unless the parcel is redeemed pursuant to section §5721.25 or §5721.38 of the Revised Code, upon the filing of the entry of confirmation of sale, or an order to transfer the parcel under sections 323.65 to 323.79 of the Revised Code, the title to the parcel is incontestable in the purchaser and is free and clear of all liens and encumbrances, except those listed in §5721.39(B). F. It is further ORDERED that if the property remains twice unsold for want of bidders, the PSO is to certify this fact upon the record and the parcel shall be ordered forfeited to the certificate holder, pursuant to R.C. §5721.40. G. It is further ORDERED that if the Certificate Parcel is sold, Plaintiff shall prepare and submit to the Court an Entry of Confirmation of sale and Order of Distribution specifying how the proceeds from sale shall be applied. H. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that because the Plaintiffis the first and best lien holder, should it be the successful bidder at the PSO's Sale, the Plaintiff shall not be required to make a deposit at the time of sale, but the Clerk of this Court shall apply all monies previously deposited as court costs to the court costs due, and the Plaintiff shall pay the balance of all court costs due and owing, taxes and assessments, upon Confirmation of Sale. The Court further finds there is no just cause for delay. IT IS SO ORDERED. JUDGE ANGELINA N. JACKSON CERTIFICATION The undersigned, Ricardo Johnstone, hereby certifies that the examination of title to subject real estate has been extended to 05/16/2023 to determine if any parties have acquired any interest therein subsequent to said previous examination discloses that, in the opinion of the undersigned, there are no such parties except parties to whom the doctrine of lis pendens applies. Weltman, Weinberg & Reis Co., L.P.A. /s/ Ricardo Johnstone Benjamin N. Hoen #0077704 Larry R. Rothenberg #0011146 Ricardo L. Johnstone #0090721 Nathan R. Duvelius #0095144 Megan J. Katz #0100256 Attorney for Plaintiff 312 Elm Street, Suite 1200 Cincinnati, OH 45202-3145 Phone: (513) 723-2200 Fax: (513) 723-2230 email: rjohnstone@weltman.com WWRz#: 23-000180-1 Submitted Montgomery County Treasurer 451 West Third Street Dayton, OH 45422 THIS IS A FINAL APPEALABLE ORDER. PURSUANT TO APP.R.R.4, THIS PARTIES SHALL FILE A NOTICE OF APPEAL WITHIN THIRTY (30) DAYS. To the Clerk of Courts: Pursuant to Civ. R. 58(B), please serve the attorney for each party and each party not represented by counsel with Notice of Judgment and its date of entry upon the journal. SO ORDERED: JUDGE ANGELINA N. JACKSON Exhibit A Legal Description SITUATED IN THE TOWNSHIP OF HARRISON, COUNTY OF MONTGOMERY AND STATE OF OHIO AND BEING LOT NUMBERED 31 AND 32, FOREST PARK APARTMENTS, AS RECORDED IN PLAT BOOK "69", PAGE 71 OF THE PLAT RECORDS OF MONTGOMERY COUNTY, OHIO, EXCEPTING 25.8 FEET TAKEN BY PARALLEL LINES OFF THE SOUTH SIDE OF SAID LOT 32. THE PROPERTY ADDRESS AND TAX PARCEL IDENTIFICATION NUMBER LISTED HEREIN ARE PROVIDED SOLELY FOR INFORMATION PURPOSES, WITHOUT WARRANTY AS TO ACCURACY OR COMPLETENESS. Parcel Number: E20 24318 0011 and E20 24318 0012 Property Address: 4343 Fair Oaks Road, Dayton, OH 45405 EXninrR Ohio Foreclosures.com *A Division of Prodigy Properties* PRIVATE SELLING OFFICER FEE SCHEDULE ONLINE OR LIVE AUCTION . A10% buyer's premium will be added to the successful high bid amount to determine the final sales price. This buyer's premium is paid by the buyer. The private selling officer will be paid the 20% buyer's premium as its fee for the successful sale. The private selling officer will be reimbursed the actual costs of legal advertisements and escrow services paid by it as required by Ohio statute, RE-SCHEDULED SALE . The private selling officer will be reimbursed the actual costs of legal advertisements and escrow services paid by it as required by Ohio statute, CANCELLED OR POSTPONED SALE . If the sale is cancelled by plaintiff the private selling officer will be reimbursed the actual costs of legal advertisements and escrow services paid by it as required by Ohio statute. SALE RESULTING IN FORFEITURE . ‘The private selling officer will be reimbursed the actual costs of legal advertisements and escrow services paid by it as required by Ohio statute. CINCINNATI CLEVELAND 5254 Ridge Avenue, Suite 1 600 Superior Avenue East, Suite 1300 Cincinnati, Ohio 45213 Cleveland, Ohio 44114 p.$13.841,7000 www prodigyprop.com p. 216.302.3557 General Divison Montgomery County Common Pleas Court 41 N. Perry Street, Dayton, Ohio 45422 Case Number: Case Title: 2023 CV 02156 TAX EASE OHIO V LLC vs PIERRE SANDERS Type: Judgment Entry and Foreclosure Decree So Ordered, Electronically signed by jacksonang on 09/22/2023 04:23:20 PM Page 10 of 10