On March 19, 2010 a
Judgment
was filed
in the District Court of Franklin County.
Preview
E0801 - C67
CitiMortgage, Inc. Case No. 10 CV 004383
Plaintiff, Judge Timothy S. Horton
C
vs. .
JUDGMENT ENTRY AND DECREE ».
ve.
ay
Lioyd N. Fisk, et al. IN FORECLOSURE = =
28
Defendants, ” nN
oN
This matter is before the Court on Plaintiff's Motion for Summary Judgment. The reat 2
a &
property that is the subject of this foreclosure action (the "Property") is as follows: o=
<é
Situated in the State of Ohio, County of Franklin and in the City of Grove City:
Being Lot Number Nineteen (19) of CONCORD LAKES SECTION 1, PHASE 1, as the
same is numbered and delineated upon the recorded plat thereof, of record in Plat Book
83, page 17, Recorder's Office, Franklin County, Ohio.
In response to the Motion for Summary Judgment, the Court has reviewed the Complaint,
the Answers filed by Lloyd N. Fisk and Suzanne Fisk, and all evidence submitted, including the
affidavit submitted by Plaintiff in support of Plaintiffs Motion for Summary Judgment
("Plaintif's Affidavit"). The Court finds that there are no genuine issues of material fact and that
Plaintiff is entitled to judgment in its favor as a matter of law. The Court further finds that
reasonable minds can come to but one conclusion, which is adverse to the foregoing defendants,
and therefore grants Plaintiff's Motion for Summary Judgment.
The Court further finds that Lloyd N. Fisk executed the promissory note referenced in the
Complaint (the "Note") and therefore promised, among other things, to make monthly payments
on or before the date such payments were due. The Court further finds that the sums due under
l
E42
Refi! 10-50461 1/ACB & WeE0801
- C68
the Note were accelerated in accordance with the terms of the Note and Mortgage. The Court
further finds that Lloyd N. Fisk and Suzanne Fisk executed and delivered the mortgage
referenced in the Complaint (the "Morigage"), that the Mortgage secures the amounts due under
the Note.
The Court finds that the Note and Mortgage are in default because payments required to
be made under the Note and Mortgage have not been made. The Court further finds that the
conditions of the Mortgage have broken, the break is absolute, and Plaintiff is entitled to have the
equity of redemption and dower of the current title holders forectosed.
The Court further finds that there is duc to Plaintiff on the Note principal in the amount of
$163,468.75 plus interest on the principal amount at the rate of 5.375% per annum from June 1,
2009. The Court further finds that there is due on the Note all late charges imposed under the
Note, all advances made for the payment of real estate taxes and assessments and insurance
premiums, and all costs and expenses incurred for the enforcement of the Note and Mortgage,
except to the extent the payment of one or more specific such items is prohibited by Ohio law.
As aresull, the Court hereby enters judgment for the amount due on the Note in favor of
Plaintiff and against Lloyd N. Fisk.
The Court finds that the Mortgage was recorded with the County Recorder and is a valid
and subsisting first mortgage on the Property. The Court further finds that the parties to the
Mortgage intended that it attach to the entire fee simple interest in the Property. The Mortgage is,
however, junior in priority under Ohio law to the licn held by the County Treasurer to secure the
payment of real estate taxes and assessments. All amounts payable under Section 323.47 of the
Ohio Revised Code shall be paid from the procecds of the sale before any distribution is made to
other lien holders.
Ref! 10-5046) /ACBE0801 - C69
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that unless the sums
found to be due to Plaintiff are fully paid within three (3) days from the date of the entry of this
decree, the equity of redemption of the defendant title holders in the Property shall be foreclosed
and the Property shall be sold free of the interests of all parties to this action. In addition, an
order of sale shall issue to the Sheriff of Franklin County, directing him to appraise, advertise
and sell the Property according to the law and the orders of this Court and to report his
proceedings to this Court.
Notice of the time and place of the sale of the Property shall be given to all persons who
have an interest in the Property according to the provisions of Scction 2329.26 of the Ohio
Revised Code.
IT IS FURTHER ORDERED that the Sheriff shall send counsel for the party requesting
the Order of Sale a copy of the publication notice promptly upon its first publication.
There is no just reason for delay in entcring Judgment as aforesaid.
IT IS SO ORDERED.
Judge Timothy S$. Horton
Common Pleas Judge
Approved:
Rebecca R. Shrader (0076677)
Manley Deas Kochalski LLC
P. O. Box 165028
Columbus, OH 43216-5028
Telephone: 614-222-4921
Fax: 614-220-5613
Email: rrs@mdk-lle.com
Refit 10-50461 1/ACBE0801 - C70
Attorney for Plaintiff
Loss Mitigation Help: www.mdklossmit.com
MDK File Number: 10-50461 1
“SRCULATING FOR APPROVAL
Adria L. Fields
Attomcy for Franklin County Treasurer
373 South High Street - 14th Floor
Columbus, OH 43215
614-525-2530
Ref# 10-50461 1/ACB
Document Filed Date
February 22, 2011
Case Filing Date
March 19, 2010
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E0801 - C67 CitiMortgage, Inc. Case No. 10 CV 004383 Plaintiff, Judge Timothy S. Horton C vs. . JUDGMENT ENTRY AND DECREE ». ve. ay Lioyd N. Fisk, et al. IN FORECLOSURE = = 28 Defendants, ” nN oN This matter is before the Court on Plaintiff's Motion for Summary Judgment. The reat 2 a & property that is the subject of this foreclosure action (the "Property") is as follows: o= <é Situated in the State of Ohio, County of Franklin and in the City of Grove City: Being Lot Number Nineteen (19) of CONCORD LAKES SECTION 1, PHASE 1, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 83, page 17, Recorder's Office, Franklin County, Ohio. In response to the Motion for Summary Judgment, the Court has reviewed the Complaint, the Answers filed by Lloyd N. Fisk and Suzanne Fisk, and all evidence submitted, including the affidavit submitted by Plaintiff in support of Plaintiffs Motion for Summary Judgment ("Plaintif's Affidavit"). The Court finds that there are no genuine issues of material fact and that Plaintiff is entitled to judgment in its favor as a matter of law. The Court further finds that reasonable minds can come to but one conclusion, which is adverse to the foregoing defendants, and therefore grants Plaintiff's Motion for Summary Judgment. The Court further finds that Lloyd N. Fisk executed the promissory note referenced in the Complaint (the "Note") and therefore promised, among other things, to make monthly payments on or before the date such payments were due. The Court further finds that the sums due under l E42 Refi! 10-50461 1/ACB & WeE0801 - C68 the Note were accelerated in accordance with the terms of the Note and Mortgage. The Court further finds that Lloyd N. Fisk and Suzanne Fisk executed and delivered the mortgage referenced in the Complaint (the "Morigage"), that the Mortgage secures the amounts due under the Note. The Court finds that the Note and Mortgage are in default because payments required to be made under the Note and Mortgage have not been made. The Court further finds that the conditions of the Mortgage have broken, the break is absolute, and Plaintiff is entitled to have the equity of redemption and dower of the current title holders forectosed. The Court further finds that there is duc to Plaintiff on the Note principal in the amount of $163,468.75 plus interest on the principal amount at the rate of 5.375% per annum from June 1, 2009. The Court further finds that there is due on the Note all late charges imposed under the Note, all advances made for the payment of real estate taxes and assessments and insurance premiums, and all costs and expenses incurred for the enforcement of the Note and Mortgage, except to the extent the payment of one or more specific such items is prohibited by Ohio law. As aresull, the Court hereby enters judgment for the amount due on the Note in favor of Plaintiff and against Lloyd N. Fisk. The Court finds that the Mortgage was recorded with the County Recorder and is a valid and subsisting first mortgage on the Property. The Court further finds that the parties to the Mortgage intended that it attach to the entire fee simple interest in the Property. The Mortgage is, however, junior in priority under Ohio law to the licn held by the County Treasurer to secure the payment of real estate taxes and assessments. All amounts payable under Section 323.47 of the Ohio Revised Code shall be paid from the procecds of the sale before any distribution is made to other lien holders. Ref! 10-5046) /ACBE0801 - C69 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that unless the sums found to be due to Plaintiff are fully paid within three (3) days from the date of the entry of this decree, the equity of redemption of the defendant title holders in the Property shall be foreclosed and the Property shall be sold free of the interests of all parties to this action. In addition, an order of sale shall issue to the Sheriff of Franklin County, directing him to appraise, advertise and sell the Property according to the law and the orders of this Court and to report his proceedings to this Court. Notice of the time and place of the sale of the Property shall be given to all persons who have an interest in the Property according to the provisions of Scction 2329.26 of the Ohio Revised Code. IT IS FURTHER ORDERED that the Sheriff shall send counsel for the party requesting the Order of Sale a copy of the publication notice promptly upon its first publication. There is no just reason for delay in entcring Judgment as aforesaid. IT IS SO ORDERED. Judge Timothy S$. Horton Common Pleas Judge Approved: Rebecca R. Shrader (0076677) Manley Deas Kochalski LLC P. O. Box 165028 Columbus, OH 43216-5028 Telephone: 614-222-4921 Fax: 614-220-5613 Email: rrs@mdk-lle.com Refit 10-50461 1/ACBE0801 - C70 Attorney for Plaintiff Loss Mitigation Help: www.mdklossmit.com MDK File Number: 10-50461 1 “SRCULATING FOR APPROVAL Adria L. Fields Attomcy for Franklin County Treasurer 373 South High Street - 14th Floor Columbus, OH 43215 614-525-2530 Ref# 10-50461 1/ACB