r
`
`Cuyahoga County Sheriff
`CV19922594
`
`113117412
`
`REPORT OF SALE
`
`CV-19-922594 QOS
`
`APR 07 2020
`
`The State of Ohio 1
`
`Cuyahoga County J
`
`ss.
`
`In Obedience to the command of the foregoing Order of Sale,
`
`I did on the 25th day of February A.D. 2020 summon EDWARD D HORTON, THOMAS P. HOGAN and BRENT T
`
`BAILEY, three disinterested freeholders, residents of said County who were by me, duly sworn to view and appraise
`
`the lands and tenements therein described, and who returned to me under their hands and seals that they did, upon
`
`actual view of the premises, estimate and appraise the real value in money, of the same at Ninety Thousand Dollars
`
`And Zero Cents exactly ($90,000.00).
`
`And on the 25th day of February A.D. 2020,1 deposited a certified copy of said appraisal in the office of the Clerk of
`
`Court of Common Pleas of said County. And on the 7th day of March A.D. 2020, I caused to be advertised in the
`
`DAILY LEGAL NEWS (newspaper...printed and published and of general circulation in Cuyahoga County) said
`
`lands and tenements to be sold at public sale at the Court House of said County, on the Monday the 30th day of March
`
`A.D. 2020, between the hours of 9:00 AM to 12 o’clock, noon of the said day.
`
`WITHDRAWN - ORDER OF THE COURT
`
`FEES
`
`PAID
`
`Appraisers’ Fees
`
`$150.00
`
`Total Amount Made on this Writ
`
`Printer’s Fees and affidavit
`
`$469.00
`
`Paid Taxes
`
`Notice to Printer
`
`Swearing in Appraisers
`
`Mileage
`
`Poundage
`
`Order of Sale Fee
`
`$0.00
`
`Paid Costs to Clerk
`
`$0.00
`
`Retained my fees hereon
`
`$1.67
`
`$0.00
`
`$0.00
`
`Paid
`
`Paid
`
`Paid
`
`Paid
`
`Paid
`
`Paid
`
`Paid
`
`Total
`
`$620.67
`
`Cuyahoga County Sheriff
`
`2
`
`SCSFM
`
`

`

`Case No. (017) 922594
`
`Publication Fee: $469.00
`
`STATE OF OHIO
`
`- gg
`COUNTY OF CUYAHOGAJ
`
`\ V
`
`Caption: Wells Fargo Bank, National Asso­
`
`ciation as Trustee for Soundview
`
`Sale No. 017
`
`SHERIFF’S SALE
`
`(Case No. 922594)
`
`The State of Ohio, Cuyahoga Coun­
`
`Home Loan Trust 2007-OPT5, As­
`
`ty, ss. Pursuant to the command of and
`
`set-Backed Certificates, Series 2007-
`
`OPT5 vs. Saundra M. Larkins, a.k.a.
`
`Saundra Larkins, et al.
`
`I, Lisa A. Cech, being duly sworn upon my
`
`oath, depose and say that I am the agent of the
`
`DAILY LEGAL NEWS, and that the annexed
`
`order of sale issued from the Court of
`
`Common Pleas of said county, and to
`
`me directed, in the action of
`
`Wells Fargo Bank, National Associ­
`
`ation as Trustee for Soundview Home
`
`Loan Trust 2097-OPT5, Asset-Backed
`
`Certificates, Series 2007-OPT5, plain­
`
`tiff vs. Saundra M. Larkins, a.k.a.
`
`Saundra Larkins, et al., defendants.
`
`The Sheriff of Cuyahoga County
`
`shall offer for sale at public auction, in
`
`the Auditorium of the Cuyahoga Coun­
`
`ty Justice Center, 1215 West Third
`
`Street, in the City of Cleveland, County
`
`of Cuyahoga and State of Ohio, on
`
`Monday, the 30th day of March,
`
`2020, beginning at 9:00 o’clock A.M. of
`
`said day. The below premises cannot
`
`be sold for less than two-thirds of the
`
`appraised value at the first offering.
`
`If this offering does not sell, it shall
`
`again be offered for sale, in accor­
`
`dance with the provisions of Ohio law
`
`and all Court orders, at the same time
`
`and at the same place, on
`
`Monday, the 13th day of April,
`
`2020, the following described lands and
`
`tenements to wit:
`
`Permanent Parcel No. 792-08-051
`
`For a full copy of the legal descrip­
`
`advertisement attached hereto was published
`
`tion of this property, please contact the
`
`Cuyahoga County Recorder’s Depart­
`
`ment or visit
`
`in the DAILY LEGAL NEWS, a daily newspa­
`
`per of general circulation, printed in the City
`
`of Cleveland, County of Cuyahoga, Ohio for a
`
`period of two consecutive weeks and on the
`
`same day of each week, on and after the 7th
`
`day of March A.D. 2020.
`
`Lodi,
`
`Sworn to and subscribed in my presence this
`
`14th day of March, A.D. 2020.
`
`CYNTHIA E. CONDOL, Notary Public
`
`STATE OF OHIO (Cuyahoga County)
`
`My Commission Expires December 26,2023
`
`http://WWW.RECORDER.
`
`CUYAHOGACOUNTY.US
`
`The above described property is fur­
`
`ther known as a single frame dwelling
`
`with two car garage, located at 6271
`
`Tonbridge Court, in the City of Bed­
`
`ford Heights, Ohio.
`
`Per O.R.C. 2329.211, the required de­
`
`posit shall be based on the appraised
`
`value and is required at the time the
`
`bid is accepted. Said deposit shall be
`
`CASH or CERTIFIED CHECK, pay-
`
`able to the Cuyahoga County Sheriff.
`
`The FULL purchase price shall be
`
`paid to the Sheriff within THIRTY
`
`(30) days from the date of confirma­
`
`tion of sale, and unless paid within
`
`eight (8) days from the date of sale
`
`shall bear interest at the rate of ten per
`
`cent (10 % ) per annum until paid, and
`
`on failure to do so, the purchaser shall
`
`be adjudged in contempt of court.
`
`The purchaser shall be responsible
`
`for those costs, allowances, and taxes
`
`that the proceeds of the sale are insuf­
`
`ficient to cover.
`
`Please note: This appraisal is based
`
`on an exterior viewing of property
`
`only, unless otherwise noted.
`
`RESIDENTIAL Property
`
`Appraised value: $90,000.00
`
`Minimum Bid: $60,000.00
`
`Deposit required: $5,000.00
`
`The Sheriff of Cuyahoga County.
`
`Richard J. Sykora, Attorney.
`
`Mar7-14-21, 2020
`
`Daily Legal News
`
`2935 Prospect Avenue
`
`Cleveland, Ohio 44115
`
`(216) 696-3322
`
`PROOF OF PUBLICATION
`
`

`

`Wife &taxe of ©Jio
`
`CUYAHOGA COUNTY
`
`ss.
`
`To the Sheriff of our said County, GREETING:
`
`Whereas, at term of the Court of
`
`CUYAHOGA
`
`Common Pleas, held at Cleveland, in and for said
`
`County on the 11 day of_________
`
`February____________ A.D. 2020 , in the cause of
`
`WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2Q07-OPT5,
`
`ASSET-BACKED CERTIFICATES. SERIES 2007-QPT5 Plaintiff, and
`
`SAUNDRA M LARKINS, AKA SAUNDRA LARKINS, ET AL
`
`CAVALRY SPV I LLC
`
`STATE OF OHIO DEPARTMENT OF TAXATION
`
`JOHN DOE NAME UNK UNK. SPOUSE OF SAUNDRA M. LARKIN S, AKA SAUNDRA LARKINS (IF ANY)
`
`CUYAHOGA COUNTY TREASURER
`
`Defendants, it was ordered adjudged and decreed as follows, to wit:
`
`SEE JOURNAL ENTRY COPY ATTACHED HERETO
`
`February 11, 2020
`
`Civil Journal Vol. Pg.
`
`CV19922594
`
`112536586
`
`112536586
`
`

`

`NAILAH K. BYRD
`
`CUYAHOGA COUNTY CLERK OF COURTS
`
`1200 Ontario Street
`
`Cleveland, Ohio 44113
`
`Court of Common Pleas
`
`PRAECIPE FOR ORDER OF SALE $600.00
`
`February 17, 2020 10:22
`
`By: RICHARD J. SYKORA 0093134
`
`Confirmation Nbr. 1944616
`
`WELLS FARGO BANK, NATIONAL ASSOCIATION AS
`
`CV 19 922594
`
`TRUSTEE
`
`vs.
`
`SAUNDRA M. LARKINS, AKA SAUNDRA LARKINS,
`
`ETAL.
`
`Judge: ASHLEY KILBANE
`
`Pages Filed: 1
`
`Electronically Filed 02/17/2020 10:22 / ORDER OF SALE / CV 19 922594 / Confirmation Nbr. 1944616 / CLCR1
`
`

`

`IN THE COURT OF COMMON PLEAS
`
`CUYAHOGA COUNTY, OHIO
`
`Wells Fargo Bank, National Association as
`
`Case No. CV-19-922594
`
`Trustee for Soundview Home Loan Trust 2007-
`
`OPT5, Asset-Backed Certificates, Series 2007-
`
`Judge Ashley Kilbane
`
`OPT5
`
`vs.
`
`Plaintiff,
`
`Magistrate Brian S Gozelanczyk
`
`PRAECIPE FOR ORDER FOR
`
`SALE
`
`Saundra M. Larkins, AKA Saundra Larkins, et
`
`al.
`
`Defendants.
`
`To the Clerk of Courts:
`
`Please issue an original Order of Sale to the Cuyahoga County Sheriff directing him to appraise,
`
`advertise, and then sell the property located at:
`
`PREMISES COMMONLY KNOWN AS:
`
`6271 Tonbridge Court
`
`Bedford Heights. OH 44146
`
`PERMANENT PARCEL NUMBER:
`
`792-08-051
`
`/s/ Richard J. Sykora
`
`Richard J. Sykora
`
`0093134
`
`Bar No.
`
`P.O.Box 165028___________
`
`Address
`
`Columbus, OH 43216-5028_____
`
`City, State, Zip
`
`614-767-7001______________
`
`Telephone
`
`Electronica^y°^i?ecl-(S'17/2020 10:22 / ORDER OF SALE / CV 19 922594 / Confirmation Nbr. 1944616 / CLCR1
`
`

`

`112383475
`
`112383475
`
`IN THE COURT OF COMMON PLEAS
`
`CUYAHOGA COUNTY, OHIO
`
`WELLS FARGO BANK, NATIONAL ASSOCIATION
`
`Case No: CV-19-922594
`
`AS TRUSTEE
`
`Plaintiff
`
`Judge: ASHLEY KILBANE
`
`SAUNDRA M. LARKINS, AKA SAUNDRA LARKINS,
`
`ETAL.
`
`Defendant
`
`96 DISP.OTHER - FINAL
`
`JOURNAL ENTRY
`
`JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION AND DECREE OF FORECLOSURE. ORDER SEE JOURNAL
`
`PURSUANT TO C1V.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER
`
`PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL
`
`PARTIES, THE METHOD OF;SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE.
`
`Judge Signature
`
`-96
`
`02/06/2020
`
`Page I of I
`
`

`

`IN THE COURT OF COMMON PLEAS
`
`CUYAHOGA COUNTY, OHIO
`
`Wells Fargo Bank, National Association as
`
`Case No. CV-19-922594
`
`Trustee for Soundview Home Loan Trust 2007-
`
`OPT5, Asset-Backed Certificates, Series 2007-
`
`Judge Ashley Kilbane
`
`OPT5
`
`vs.
`
`Plaintiff,
`
`Saundra M. Larkins, AKA Saundra Larkins, et
`
`al.
`
`Defendants.
`
`Magistrate Brian Gozelanczyk
`
`JUDGMENT ENTRY ADOPTING
`
`MAGISTRATE’S DECISION
`
`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.
`
`Default judgment granted in favor of Plaintiff against the following Defendants:
`
`•
`
`•
`
`•
`
`Saundra M. Larkins, AKA Saundra Larkins
`
`Cavalry SPY I LLC
`
`John Doe, Name Unknown, the Unknown Spouse of Saundra M. Larkins, AKA
`
`Saundra Larkins (if any)
`
`The Court adopts the Magistrate's Decision dated January 16, 2020, granting a foreclosure
`
`on the premises.
`
`(SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF)
`
`PREMISES COMMONLY KNOWN AS 6271 TONBRIDGE COURT, BEDFORD
`
`HEIGHTS OH
`
`PERMANENT PARCEL NO.: 792-08-051
`
`The parties who have asserted an interest in the premises and State of Ohio, Department
`
`

`

`of Taxation will be paid according to their priority. The claims of all parties who have asserted
`
`an interest in premises and whose claims are not paid in the order of distribution herein are
`
`transferred to the proceeds of sale and will be determined at a later date.
`
`Judgment is rendered in favor of Plaintiff against Saundra M. Larkins, AKA Saundra
`
`Larkins in the sum of $82,068.03, plus interest thereon at the rate of 5.275% per annum from
`
`November 1,2018.
`
`The Court finds that Plaintiff has standing to bring this case.
`
`IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED, that unless the
`
`sums hereinabove found due, together with the costs of this action, be fully paid within three
`
`days of 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 an order of sale shall issue to the Sheriff of Cuyahoga County directing him to
`
`appraise, advertise in a newspaper 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 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 or
`
`private selling officer, out of the funds in his hands, pay:
`
`FIRST:
`
`To the Clerk of Courts the costs of this action, including the sum of
`
`$549.00 payable to Plaintiffs attorney Manley Deas Kochalski
`
`LLC for the judicial reports filed herein, which is hereby taxed as
`
`costs;
`
`SECOND:
`
`IF THE PLAINTIFF IS THE PURCHASER AND HAS
`
`ELECTED TO FORGO THE PAYMENT FROM 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 hereinafter described,
`
`as shown on the 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;
`
`THIRD:
`
`To Plaintiff the sum of $82,068.03, plus interest thereon at the rate
`
`of 5.275% per annum from November 1, 2018;
`
`FOURTH:
`
`The balance, if any, to be held by the Clerk of Courts 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 preliminary judicial report in the sum of $549.00, will be
`
`deducted from the total amount of Court costs otherwise payable herein.
`
`

`

`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there may be due
`
`Plaintiff, additional sums advanced by it under the terms of the note and mortgage to pay real
`
`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 the 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 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 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 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.
`
`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that pursuant to Civ.R.
`
`54(B), there is no just reason for delay.
`
`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to Civ.R.
`
`58(B), the Clerk of Courts must serve, in a manner prescribed by Civ.R. 5(B), all parties not in
`
`default for failure to appear notice of this judgment and its date of entry upon the journal and
`
`must note the service on the appearance docket.
`
`IT IS SO ORDERED
`
`

`

`EXHIBIT A
`
`LEGAL DESCRIPTION OF PROPERTY
`
`Situated in the City of Bedford Heights, County of Cuyahoga and State of Ohio: and known as
`
`being sublot number 20 in the Bedford Ridge Estate Subdivision Number 4, of part of Original
`
`Bedford Township Lot numbers 48, 49, and 58 as shown by the recorded plat in Volume 172 of
`
`Maps, Page 8 and 9 of Cuyahoga County Records and being 59.75 feet front on the Northeasterly
`
`curved side of Tonbrige Court and extending back 145.57 feet on the Northwesterly line, 157.61
`
`feet on the Southeasterly line and being 107.15 feet in the rear, as appears by said plat, be the
`
`same more or less, but subject to all legal highways.
`
`

`

`CERTIFICATE OF SERVICE
`
`Copies of the foregoing have been sent via ordinary U.S. Mail by the Clerk of Courts to
`
`the following:
`
`Copies to:
`
`Saundra M. Larkins, AKA Saundra Larkins, 6271 Tonbridge Court, Bedford Heights, OH
`
`44146
`
`Cavalry SPV I LLC, c/o CT Corporation System, as Registered Agent, 4400 Easton Commons
`
`Way, Suite 125, Columbus, OH 43219
`
`State of Ohio, Department of Taxation, c/o Ohio Attorney General, 150 East Gay Street, 21st
`
`Floor, Columbus, OH 43215
`
`John Doe, Name Unknown, the Unknown Spouse of Saundra M. Larkins, AKA Saundra
`
`Larkins (if any), 6271 Tonbridge Court, Bedford Heights, OH 44146
`
`Richard J. Sykora, Manley Deas Kochalski LLC, Attorney for Plaintiff, P.O. Box 165028,
`
`Columbus OH 43216-5028
`
`Copies mailed by Clerk:
`
` Date:
`
`

`

`fCyi?922594 r~ ~r
`
`112065087
`
`—X
`
`Mt
`
`ZOM JAN lb P >2: 31
`
`CLERK OF COURTS
`
`CUYAHOGA COUNTY
`
`IN THE COURT OF COMMON PLEAS
`
`CUYAHOGA COUNTY, OHIO
`
`Wells Fargo Bank, National Association as
`
`Case No. CV-19-922594
`
`Trustee for Soundview Home Loan Trust 2007-
`
`OPTS, Asset-Backed Certificates, Series 2007-
`
`Judge Ashley Kilbane
`
`OPTS
`
`vs.
`
`Plaintiff,
`
`Saundra M. Larkins, AKA Saundra Larkins, et
`
`al.
`
`Defendants.
`
`Magistrate Brian Gozelanczyk
`
`MAGISTRATE'S DECISION
`
`This cause was submitted to the Magistrate and heard upon the Complaint and Motion for
`
`Default Judgment of Plaintiff, Wells Fargo Bank, National Association as Trustee for Soundview
`
`Home Loan Trust 2007-OPT5, Asset-Backed Certificates, Series 2007-OPT5 ("Plaintiff),
`
`Answer of the State of Ohio Department of Taxation and the evidence.
`
`All necessary parties have been served with summons according to law and are properly
`
`before the Court; that Defendants Saundra M. Larkins, AKA Saundra Larkins, Cavalry SPV I
`
`LLC and John Doe, Name Unknown, the Unknown Spouse of Saundra M. Larkins, AKA
`
`Saundra Larkins (if any) are in default of Answer or other pleading as required by Rule 12 of the
`
`E61
`
`

`

`Ohio Rules of Civil Procedure and therefore confess the allegations of the Complaint to be true.
`
`There is due 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 the judicial
`
`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.
`
`The Magistrate finds that Plaintiff was the real party in interest when it filed its complaint
`
`and has maintained the requisite standing at all times material to this action.
`
`There is due on the promissory note set forth in the complaint executed by Saundra M.
`
`Larkins, AKA Saundra Larkins the sum of $82,068.03, plus interest thereon at the rate of 5.275%
`
`per annum from November 1,2018, for which sum judgment is hereby rendered in favor of
`
`Plaintiff and against Defendant(s) Saundra M. Larkins, AKA Saundra Larkins.
`
`In order to secure payment of said promissory note aforesaid, Keith Crosby, now
`
`deceased, and Defendant Saundra M. Larkins, AKA Saundra Larkins executed and delivered a
`
`certain mortgage deed set forth in the Second Count of said Complaint, thereby conveying to
`
`Option One Mortgage Corporation the following described premises:
`
`SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND
`
`INCORPORATED HEREIN.
`
`Said premises also known as 6271 Tonbridge Court, Bedford Heights OH
`
`P.P.N. 792-08-051
`
`

`

`This mortgage was duly filed with the Recorder of Cuyahoga County Ohio, recorded on
`
`August 10, 2007 as Instrument Number 200708100694, Cuyahoga County, Ohio records of the
`
`Mortgage Records of said county and thereby became and is a valid mortgage lien upon said
`
`premises subject only to the lien of the Treasurer for taxes. This mortgage deed was assigned to
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`the Plaintiff. The conditions in the mortgage deed have been broken and the same has become
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`absolute. As a consequence, Plaintiff is entitled to have the equity of redemption and dower of all
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`the defendants in and to said premises foreclosed.
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`Defendant State of Ohio, Department of Taxation and the Attorney General have been
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`properly served with Plaintiffs Notice of Dispute of State Lien regarding JL-06-279100 and State
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`of Ohio, Department of Taxation has failed to timely file a responsive pleading asserting the
`
`disputed lien. Accordingly, the disputed lien does not encumber the subject Property.
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`Defendant State of Ohio, Department of Taxation has undisputed lien(s) on the property
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`as set forth in the title reports filed herein. The liens of the State of Ohio, Department of
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`Taxation are inferior and subsequent to the lien of the plaintiff. No further finding is made at this
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`time as to the lien(s) of the State of Ohio, Department of Taxation except to note that such liens
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`are hereby ordered transferred to the proceeds derived from the sale of the premises, after the
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`payment of costs of the within action, taxes due and payable, and the amount found due to the
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`plaintiff, and the same is hereby ordered continued until further order.
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`Plaintiff may have advanced or may advance during the pendency of this action sums for
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`the payment of taxes, hazard insurance premiums, and protection of the property described
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`herein, the total amount of which is undetermined at the present time, but which amount will be
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`ascertainable at the time of the judicial sale, which amount may be added to the first mortgage
`
`

`

`lien of the Plaintiff. The Magistrate reserves for further order a determination of the exact, if any,
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`amount due Plaintiff for said advances.
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`Pursuant to Civ. R. 54(B), there is no just reason for delay in entering judgment for
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`Plaintiff.
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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, including the sum of $549.00 for
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`the Preliminary Judicial Report filed herein for which Plaintiff is entitled to reimbursement, be
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`fully paid within three (3) days from the date of the Court's adoption of this Magistrate's
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`Decision, the equity of redemption and the dower of all defendants in the premises described
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`above will be foreclosed and that upon issuance of a Praecipe for Order of Sale by Plaintiffs
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`attorney, the Clerk of Court shall issue an Order of Sale to the Sheriff commanding him to
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`appraise, advertise in a paper of general circulation within the County, and sell the premises as
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`upon execution and according to law, free and clear of the interest of all parties to this action. If
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`the court authorizes a private selling officer to sell the real estate, then the sale must proceed in
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`accordance withR.C. §2329.152.
`
`I
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`If this is a residential property and the property remains unsold after the first auction, then
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`a second auction shall be held and the property shall be sold to the highest bidder without regard
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`to the minimum bid requirement in §2329.20 of the Revised Code. This auction shall be held no
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`earlier than seven days and not later than thirty days after the first auction.
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`If there is a bidder at the second or subsequent sales, the judgment creditor and the first
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`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.
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`In the event an order of sale is returned by the selling officer unexecuted, subsequent
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`orders of sale shall issue in accord with appraisal instructions contained in the Praecipes for those
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`sales.
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`Coming now to distribute the proceeds of said sale, it is ordered that the Sheriff or private
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`selling officer, out of the funds in his hands, pay:
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`FIRST:
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`To the Clerk of Courts the costs herein, including the sum of
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`$549.00 payable to Plaintiffs attorney Manley Deas Kochalski
`
`LLC for the judicial reports filed herein, which is hereby taxed as
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`costs;
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`SECOND:
`
`IF THE PLAINTIFF IS THE PURCHASER AND HAS
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`ELECTED TO FORGO THE PAYMENT FROM THE SALE
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`PROCEEDS OF CERTAIN TAXES AS PROVIDED IN R.C.
`
`§323.47(8):
`
`To the Treasurer of Cuyahoga County, Ohio, taxes, accrued taxes,
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`assessments, and penalties on the premises hereinafter described,
`
`as shown on the 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,
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`penalties, and interest which attached for a prior tax year but have
`
`not been paid on or before the date of sale;
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`THIRD:
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`To Plaintiff the sum of $82,068.03, plus interest thereon at the rate
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`of 5.275% per annum from November 1, 2018.
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`FOURTH:
`
`The balance, if any, to be held by the Clerk of Courts pending
`
`further order.
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`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 report in the sum of $549.00 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
`
`Plaintiff, additional sums advanced by it under the terms of the note and mortgage to pay real
`
`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
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`County Records involved in this action to reflect that they are released as liens against the subject
`
`premises.
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`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.
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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 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 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.
`
`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)(a)(ii), unless the party timely and
`
`specifically objects to that factual finding or legal conclusion as required by Civ. R.
`
`53(D)(3)(b).
`
`

`

`EXHIBIT A
`
`LEGAL DESCRIPTION OF PROPERTY
`
`Situated in the City of Bedford Heights, County of Cuyahoga and State of Ohio: and known as
`
`being sublot number 20 in the Bedford Ridge Estate Subdivision Number 4, of part of Original
`
`Bedford Township Lot numbers 48,49, and 58 as shown by the recorded plat in Volume 172 of
`
`Maps, Page 8 and 9 of Cuyahoga County Records and being 59.75 feet front on the Northeasterly
`
`curved side of Tonbrige Court and extending back 145.57 feet on the Northwesterly line, 157.61
`
`feet on the Southeasterly line and being 107.15 feet in the rear, as appears by said plat, be the
`
`same more or less, but subject to all legal highways.
`
`

`

`• >
`
`CERTIFICATE OF SERVICE
`
`Copies of the foregoing Magistrate's Decision have been sent via ordinary U.S. Mail, or
`
`via e-mail if an e-mail address is available in the Court's case management system, by the Clerk
`
`of Courts to the following:
`
`Copies to:
`
`Saundra M. Larkins, AKA Saundra Larkins, 6271 Tonbridge Court, Bedford Heights, OH
`
`44146
`
`Cavalry SPV I LLC, c/o CT Corporation System, as Registered Agent, 4400 Easton Commons
`
`Way, Suite 125, Columbus, OH 43219
`
`State of Ohio, Department of Taxation, c/o Ohio Attorney General, 150 East Gay Street, 21st
`
`Floor, Columbus, OH 43215
`
`John Doe, Name Unknown, the Unknown Spouse of Saundra M. Larkins, AKA Saundra
`
`Larkins (if any), 6271 Tonbridge Court, Bedford Heights, OH 44146
`
`Richard J. Sykora, Manley Deas Kochalski LLC, Attorney for Plaintiff, P.O. Box 165028,
`
`Columbus OH 43216-5028
`
`Copies mailed by Clerk:
`
` Date:
`
`

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