114107110
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`114
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`07110
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`92 DEFAULT - FINAL
`
`ORDER ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL.
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`Date
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`CPMCZ
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`-92
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`08/11/2020
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`Page 1 of 1
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`

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`WWR#10150066
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`IN THE COURT OF COMMON PLEAS
`
`CUYAHOGA COUNTY, OHIO
`
`KEYBANK, NA
`
`CASE NO. CV 19 919497
`
`Plaintiff
`
`vs.
`
`RUTHIE OWENS, HTTA RUTHIE MAE
`
`OWENS, et al.
`
`Defendants
`
`(Foreclosure)
`
`JUDGE: DEENA R. CALABRESE
`
`ORDER ADOPTING
`
`MAGISTRATE’S DECISION
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`This cause is before the Court on the decision of the magistrate, the evidence admitted at
`
`the hearing, and the motions and pleadings in the Court file. Plaintiff submits herewith the
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`proposed Magistrate's Decision with regard to the above-referenced matter.
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`Default judgment granted in favor of plaintiff against the following defendants:
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`The unknown spouse of Ruthie Owens; Vernon Owens; the Unknown Heirs, Devisees,
`
`Legatees, Administrator, Assignees, if any, of the Estate of Ruthie M. Owens AKA Ruthie Mae
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`Owens; and Unknown Spouse of Vernon Owens.
`
`The court adopts the magistrate's decision dated granting a
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`foreclosure on the premises.
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`(SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF)
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`PREMISES COMMONLY KNOWN AS:
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`7508 DONALD AVE, CLEVELAND, OH 44103-2022
`
`105-32-061
`
`

`

`The parties who have asserted an interest in the premises will be paid according to their
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`priority. The claims of all parties who have asserted an interest in premises and whose claims
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`are not paid in the order of distribution herein are transferred to the proceeds of sale and will be
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`determined at a later date.
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`Judgment is rendered in favor of plaintiff in the sum of $16,375.67 plus interest thereon
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`at 6.64% per annum from November 25, 2018.
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`The Court finds that plaintiff has standing to bring this case.
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`IT IS THEREFORE, ORDERED, ADJUDGED, AND DECREED, that unless the sums
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`hereinabove found due, together with the costs of this action, be fully paid within three days of
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`the date of the Court's adoption of the Magistrate's Decision, the equity of redemption and dower
`
`of all the defendants in and to said premises will be foreclosed, and said premises sold; and that
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`an order of sale shall issue to the Sheriff of Cuyahoga County, directing him to appraise,
`
`advertise in a paper of general circulation within the county, and sell said premises as upon
`
`execution and according to law, free and clear of the interest of all parties to this action. If the
`
`court authorizes a private selling officer to sell the real estate, then the sale must proceed in
`
`accordance with R.C. §2392.152
`
`If this is a residential property and the property remains unsold after the first auction, then
`
`a second auction shall be held and the property shall be sold to the highest bidder without regard
`
`to the minimum bid requirement in §2329.20 of the Revised Code. This auction shall be held no
`
`earlier than seven days and not later than thirty days after the first auction.
`
`If there is a bidder at the second or subsequent sales, the judgment creditor and the first
`
`lien holder have the right to redeem the property within fourteen days of the sale, by paying the
`
`

`

`purchase price to the Clerk of Court. Upon timely payment, the court will proceed as described
`
`in R.C. §2329.31 with the redeeming party considered the successful purchaser at sale.
`
`In the event an order of sale is returned by the selling officer unexecuted, subsequent
`
`orders of sale shall issue in accord with appraisal instructions contained in the Praecipe for those
`
`sales.
`
`And coming now to distribute the proceeds of said sale, it is ordered that the Sheriff out
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`of the funds in his hands pay:
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`FIRST: The Cost herein, including the sum of $450.00 to Keybank, NA for the
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`Judicial Report filed herein, which is hereby taxed as costs;
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`SECOND: IF THE PLAINTIFF IS THE PURCHASER AND HAS ELECTED
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`TO FORGO THE PAYMENT FROM THE SALE PROCEEDS
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`OF CERTAIN TAXES AS PROVIDED IN R.C. §323.47(B):
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`To the Treasurer of Cuyahoga County, Ohio, taxes, accrued taxes,
`
`assessments, and penalties on the premises hereinafter described,
`
`as shown on the County Treasurer’s tax duplicate;
`
`OTHERWISE:
`
`To the Cuyahoga County Treasurer, taxes, assessments, interest, and
`
`penalties, the lien for which attaches before the date of sale but that are not
`
`yet determined, assessed and levied for the year that includes the date of
`
`sale, apportioned pro rata to the part of that year that precedes the date of
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`sale, and all other taxes, assessments, penalties, and interest which
`
`attached for a prior tax year but have not been paid on or before the date of
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`sale;
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`THIRD: To the plaintiff, Keybank, NA, the sum of $16,375.67 plus interest at
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`6.64% per annum from October 25, 2018.
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`FOURTH: To the Clerk of Courts, the balance of funds, if any, to hold pending
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`further order.
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`In the event plaintiff is the successful bidder at the sale, the amount of the
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`deposits made herein by plaintiff and the cost of the preliminary judicial report in the sum of
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`$255.00, will be deducted from the total amount of Court costs otherwise payable herein.
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`

`

`IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, upon the
`
`confirmation of sale made herein, a minute of these proceedings be entered upon the Cuyahoga
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`County Records involved in this action to reflect that they are released as liens against the
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`subject premises.
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`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, the after said sale has
`
`been completed, a deed will be conveyed to the purchaser and a Writ of Possession of said
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`property be issued.
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`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, if a successful sale
`
`occurs, the parties are ordered to file any motions for reimbursement of advances pursuant to
`
`R.C. § 5301.233 within 21 days from the sale. A party may move the court to extend this
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`deadline for good cause shown. No party will be granted reimbursement for advances if such a
`
`motion is not filed before this deadline. Within 7 days from the filing of a motion for
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`reimbursement, a party may file a brief in opposition. The court will then make a careful
`
`examination of the sale pursuant to the applicable statutes. If, however, this case does not
`
`involve advances or no mortgagee intends to seek advances, a party may file a notice to this
`
`effect within seven days of the sale. Where such notice is filed, no party filing such notice will
`
`be granted reimbursement for advances and the court will make a careful examination of the sale
`
`pursuant to the applicable statutes upon the return of the order of sale. A party may redeem
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`before confirmation of the sale. Nothing in this order prevents the court from staying the
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`confirmation of sale to permit a property owner additional time to redeem.
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`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that pursuant to Civ.R.
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`54(B), there is no just reason for delay.
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`

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`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to Civ.R.
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`58(B), the Clerk of Courts must serve, in a manner prescribed by Civ.R. 5(B), all parties not in
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`default for failure to appear notice of this judgment and its date of entry upon the journal and
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`must note the service on the appearance docket.
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`No just reason for delay.
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`IT IS SO ORDERED.
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`fe Deena R. Calabrese
`
`g-
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`

`

`EXHIBIT A
`
`Situated in the City of Cleveland, County of Cuyahoga, State of Ohio
`
`And known as being Sublot No. 44 in Morrison and Massie's Homestead Allotment of part of
`
`Original 100 Acre Lot No. 345, as shown by the recorded plat of said Subdivision in Volume 17
`
`of Maps, Page 20 of Cuyahoga County Records. Said Sublot No. 44 has a frontage of 36 feet on
`
`the Southerly side of Donald Avenue, N.E., and extends back 89.61 feet on the Easterly line,
`
`89.58 feet on the Westerly line and has a rear line of 36 feet, as appears by said plat, be the same
`
`more or less, but subject to all legal highways.
`
`Property Address: 7508 Donald Ave., Cleveland, OH 44103
`
`Parcel No.: 105-32-061
`
`

`

`WWR #10150066
`
`CV19919497
`
`113922997
`
`IN THE COURT OF COMMON PLEAS
`
`CUYAHOGA COUNTY, OHIO
`
`JUL 2i Z02Q
`
`KEYBANK, NA
`
`CASENO.CV 19 919497
`
`Plaintiff
`
`vs.
`
`RUTHIE OWENS, HTTA RUTHIE MAE
`
`OWENS, et al.
`
`Defendants
`
`(Foreclosure)
`
`JUDGE: DEENA R. CALABRESE
`
`MAGISTRATE’S DECISION
`
`This cause was submitted to the Magistrate and heard upon the Complaint of the Plaintiff,
`
`the Plaintiffs Motion for Default Judgment, and the evidence.
`
`The Magistrate finds that all necessary parties have been properly served according to
`
`law and are properly before the Court, and the Defendants, the Unknown Spouse of Ruthie M.
`
`Owens AKA Ruthie Mae Owens, Vernon Owens, The Unknown Heirs, Devisees, Legatees,
`
`Administrator, Assignees, if any, of the Estate of Ruthie M. Owens AKA Ruthie Mae Owens,
`
`and the Unknown Spouse of Vernon Owens, are in default of Answer, Motion or other pleading
`
`and have by reason thereof confessed the allegations of the Complaint to be true.
`
`There is due to the Cuyahoga County Treasurer, taxes accrued taxes, assessments, and
`
`penalties on the premises described herein including: (1) taxes, assessments, interest, and
`
`penalties, the lien for which attaches before the date of sale but that are not yet determined,
`
`assessed and levied for the year that includes the date of sale, apportioned pro rata to the part of
`
`that year that precedes the date of sale, and (2) all other taxes, assessments, penalties, and interest
`
`which attached for a prior tax year but have not been paid on or before the date of sale. The
`
`

`

`exact amount of said taxes, accrued taxes, assessments, and penalties are unascertainable at this
`
`time, but will be determined at the time of the sale of said premises, for which amount the
`
`Cuyahoga County Treasurer has a good and valid lien.
`
`There is due plaintiff on the promissory note set forth in the complaint, the sum of
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`$16,375.67 plus interest thereon at 6.64% per annum from November 25, 2018.
`
`In order to secure the payment of said indebtedness Ruthie M. Owens HTTA Ruthie Mae
`
`Owens executed and delivered to KeyBank National Association, a certain mortgage deed as in
`
`said complaint described, thereby conveying the following-described premises:
`
`SEE LEGAL DESCRIPTIONS ATTACHED HERETO AS EXHIBIT A
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`Said Premises are commonly known as: 7508 Donald Ave, Cleveland, OH
`
`105-32-061
`
`This mortgage was duly filed with the Recorder of Cuyahoga County, Ohio on April 23,
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`2003, and was by the Recorder thereafter recorded as AFN Instrument No. 200304230467 of the
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`Mortgage Records of said county, and thereby became and is a valid first mortgage lien upon
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`said premises, subject only to the lien of the Treasurer for taxes. This mortgage was assigned to
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`Plaintiff. The conditions in the mortgage deed have been broken by reason of nonpayment and
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`the same has become absolute. As a consequence, plaintiff is entitled to have the equity of
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`redemption and dower of all the defendants in and to said premises foreclosed.
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`The Magistrate further finds that plaintiff may have advanced or may advance during the
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`pendency of this action, sums for the payment of real estate taxes, hazard insurance premiums, or
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`protection of the property described herein, the total amount of which is undetermined at the
`
`present time, but which amount will be ascertainable at the time of the judicial sale herein, and
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`which amount with interest may be added to the first mortgage lien of the plaintiff. The
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`Magistrate reserves for further order a determination of the exact, if any, amount due to the
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`plaintiff for said advances.
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`

`

`The Magistrate further finds that Plaintiff claims a further interest in the property by
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`virtue of a mortgage recorded August 18, 2005 as Instrument No. 200508180113 of Cuyahoga
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`County records and said interest is hereby transferred to the proceeds of the sale.
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`Pursuant to Civ. R 54(B) there is no just reason for delay in entering judgment for the
`
`Plaintiff.
`
`It is therefore ORDERED, ADJUDGED AND DECREED that, unless the sums
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`hereinabove found due, together with the costs of this action, be fully paid within three (3) days
`
`from the date of the adoption of this Magistrate’s Decision, the equity of redemption and dower
`
`of all defendants in and to said premises will be foreclosed and said premises sold; and that an
`
`order of sale shall issue to the Sheriff of Cuyahoga County, directing him to appraise, advertise
`
`in a paper of general circulation within the County, and sell said premises as upon execution and
`
`according to law, free and clear of the interest of all parties to this action. If the court authorizes
`
`a private selling officer to sell the real estate, then the sale must proceed in accordance with R.C.
`
`2329.152.
`
`If this is a residential property and the property remains unsold at the first auction, then a
`
`second auction shall be held and the property shall be sold to the highest bidder, without regard
`
`to the minimum bid requirement in §2329.20 of the Revised Code. This auction shall be held no
`
`earlier than seven days and not later than 30 days after the first auction.
`
`If there is a bidder at the second or subsequent sales, the judgment creditor and the first
`
`lienholder have the right to redeem the property within fourteen days of the sale, by paying the
`
`purchase price to the Clerk of Court. Upon timely payments, the court will proceed as described
`
`in R.C. §2329.31, with the redeeming party considered the successful purchaser at sale.
`
`

`

`In the event an order of sale is returned by the selling officer unexecuted, subsequent
`
`orders of sale shall issue in accord with appraisal instructions contained in the Praecipe for those
`
`sales.'
`
`In the event an order of sale is returned by the selling officer unexecuted, subsequent
`
`orders of sale shall issue according to instructions provided in the Praecipe for those sales.
`
`And, coming now to distribute the proceeds of said sale, it is ordered that the Sheriff or
`
`private selling officer out of the funds in his hands pay:
`
`1.
`
`To the Clerk of Courts, the costs of this action, including the sum of
`
`$450.00 to Keybank, NA for the Judicial Reports filed in this action.
`
`2.
`
`If the Plaintiff is the purchaser and has elected to forgo the payment for
`
`the sale proceeds of certain taxes as provided in R.C. §323.47(6):
`
`To the Treasurer of Cuyahoga County, Ohio, taxes, accrued taxes,
`
`assessments, and penalties on the premises described herein, as shown on
`
`the County Treasurer’s tax duplicate;
`
`OTHERWISE:
`
`To the Cuyahoga County Treasurer; taxes, assessments, interest, and
`
`penalties, the lien for which attaches before the date of sale but that are not
`
`yet determined, assessed and levied for the year that includes the date of
`
`sale, apportioned pro rata to the part of that year that precedes the date of
`
`sale and all other taxes, assessments, penalties, and interest which attached
`
`for a prior tax year but have not been paid on or before the date of sale.
`
`3.
`
`To Keybank, NA, $16,375.67 plus interest at 6.64% per annum from
`
`October 25,2018.
`
`4.
`
`To the Clerk of Courts, the balance of funds, if any, to hold pending
`
`further order.
`
`In the event plaintiff is the successful bidder at the sale, the amount of the deposits made
`
`herein by plaintiff and the cost of the judicial reports as state above, shall be deducted from the
`
`total amount of court costs otherwise payable herein.
`
`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there may be due
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`Plaintiff, additional sums advanced by it under the terms of the note and mortgage to pay real
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`

`

`estate taxes, hazard insurance premiums, and property protection, which sums are to be
`
`determined by further Order.
`
`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon the confirmation
`
`of sale made herein, a minute of these proceedings be entered upon the Cuyahoga County
`
`Records involved in this action to reflect that they are released as liens against the subject
`
`premises.
`
`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that after said sale has
`
`been completed, a deed will be conveyed to the purchaser and a Writ of Possession of said
`
`property be issued.
`
`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that if a successful sale
`
`occurs, the parties are order to file any motions for reimbursement of advances pursuant to R.C.
`
`§5301.233 within 21 days from the sale. A party may move the court to extend this deadline for
`
`good cause shown. No party will be granted reimbursement for advances if such a motion is not
`
`filed before this deadline. Within seven days from the filing of a motion for reimbursement, a
`
`party may file a brief in opposition. The court will then make a careful examination of the sale
`
`pursuant to the applicable statutes. If, however, this case does not involve advances or no
`
`mortgagee intends to seek advances, a party may file a notice to this effect within seven days of
`
`the sale. Where such notice is filed, no party filing such notice will be granted reimbursement for
`
`advances and the court will make a careful examination of the sale pursuant to the applicable
`
`statutes upon the return of the order of sale. A party may redeem before confirmation of the sale.
`
`Nothing in this order prevents the court from staying the confirmation of sale to permit a
`
`property owner additional time to redeem.
`
`Magistrate
`
`

`

`A party shall not assign as error on appeal the court's adoption of any factual
`
`finding or legal conclusion, whether or not specifically designated as a finding of fact or
`
`conclusion of law under Civ. R. 53(D)(3)(b)(ii), unless the party timely and specifically
`
`objects to that factual finding or legal conclusion as required by Civ. R. 53(D)(3)(b).
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`APPROVED:
`
`WELTMAN, WEINBERG & REIS CO., L.P.A.
`
`ZsZ Larry R. Rothenberg_________
`
`Benjamin N. Hoen (0077704)
`
`Larry R. Rothenberg #0011146
`
`Attorney for Plaintiff
`
`323 W. Lakeside Avenue, Suite 200
`
`Cleveland, OH 44113
`
`Phone: (216) 685-1170 Fax: (216) 363-4034
`
`e-mail: bhoen@weltman.com
`
`

`

`CERTIFICATE OF SERVICE
`
`Copies of the foregoing have been sent by ordinary U.S. Mail by the Clerk of Court to the
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`following parties or their counsel of record:
`
`Benjamin N. Hoen
`
`Larry R. Rothenberg
`
`ATTORNEY FOR PLAINTIFF
`
`Weltman, Weinberg & Reis Co., L.P.A.
`
`323 W. Lakeside Avenue, Suite 200
`
`Cleveland, OH 44113
`
`The Unknown Spouse of Ruthie M. Owens AKA Ruthie Mae Owens
`
`7508 Donald Avenue
`
`Cleveland, OH 44103
`
`Vernon Owens
`
`7508 Donald Avenue
`
`Cleveland, OH 44103
`
`Unknown Spouse of Vernon Owens
`
`7508 Donald Ave
`
`Cleveland, OH 44103
`
`COPIES MAILED BY CLERK
`
`, 2020.
`
`Clerk of Court
`
`

`

`EXHIBIT A
`
`Situated in the City of Cleveland, County of Cuyahoga, State of Ohio
`
`And known as being Sublot No. 44 in Morrison and Massie's Homestead
`
`Allotment of part of Original 100 Acre Lot No. 345, as shown by the
`
`recorded plat of said Subdivision in Volume 17 of Maps, Page 20 of
`
`Cuyahoga County Records. Said Sublot No. 44 has a frontage of 36 feet
`
`on the Southerly side of Donald Avenue, N.E., and extends back 89.61
`
`feet on the Easterly line, 89.58 feet on the Westerly line and has a rear
`
`line of 36 feet, as appears by said plat, be the same more or less, but
`
`subject to all legal highways.
`
`Property Address: 7508 Donald Ave., Cleveland, OH 44103
`
`Parcel No.: 105-32-061
`
`