Preview
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