Daily Legal News - Foreclosure Notices
919683—TAX EASE OHIO II, LLC AKA TAX EASE OHIO, II, LLC V. CARL KINNEY, ET AL.
Cortell Kinney and Jan Doe, Name Unknown, Unknown Spouse if any of Cortell Kinney; Jane Doe, Name Unknown, Unknown Spouse if any of Carl Kinney and John Doe, Name Unknown, Unknown Spouse if any of Lucy Kinney, whose last known address is: 1870 East 79 St., Cleveland, OH 44103; Carol Kinney; Joe Doe, Name Unknown, Unknown Spouse if any of Carol Kinney; Jacqueline Kinney; Jeffrey Doe, Name Unknown, Unknown Spouse if any of Jacqueline Kinney; The Unknown Heirs, If any, Names Unknown, Next of Kin , Devisees, Legatees, Executors, and /or Administrators of Lucy Kinney, and The Unknown Heirs, if any, names unknown, Next of Kin, Devisees, Legatees, Executors, and/or Administrators of Carl Kinney whose last known address is: Unknown, will take notice that on October 2, 2019, the undersigned, Tax Ease Ohio II, LLC aka Tax Ease Ohio, II, LLC, filed its amended complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that on or about November 28, 2017, the Cuyahoga County Treasurer sold to Plaintiff at negotiated sale, in conformity with the statutory authority conferred by O.R.C. §5721.33, Tax Certificate No. B2017-1-47; that the Certificate redemption price appearing to be due and unpaid is due and unpaid; that pursuant to O.R.C. §5721.37, Plaintiff filed its Notice of Intent to Foreclose with the Cuyahoga County Treasurer; that pursuant to O.R.C. 5721.37(C)(2), the Cuyahoga County Treasurer has certified that the Parcel has not been redeemed; that there are also due and payable taxes, assessments, penalties and charges on the Property not covered by the Tax Certificate, including all costs related directly or indirectly to the Tax Certificate, including without limitation, attorney fees of the holder's attorney anticipated to be approximately $1,960.00, and the fees and costs of these proceedings.
A legal description of the Parcel is described as follows to wit:
Permanent Parcel No. 118-09-121
Address: 1870 East 79 St., Cleveland, OH 44103
A copy of the full legal description may be obtained from the County Auditor's Office, 2079 East 9th Street, Cleveland, OH 44115. (216) 443-7010.
The sum of Plaintiff's first-priority tax liens on the subject Parcel is:
(a) the certificate purchase price of $17,881.90 on Tax Certificate No. B2017-1-47 plus interest at the rate of 17.00% per year from November 28, 2017, to the date of the Notice of Intent to Foreclose, and then at the rate of 18% per year thereafter;
(b) the certificate purchase price of $3,714.44 on Tax Certificate No. S2018-1-18, plus interest at the rate of 18.00% per year from October 5, 2018;
(c) the amount paid under division (B)(2) of O.R.C. §5721.37, in the amount of $3,981.03 plus interest at the rate of 18.00% per annum beginning on the day Plaintiff filed its Notice of Intent to foreclose under O.R.C. §5721.37(A); plus
(d) costs and attorney's fees anticipated to be approximately $1,960.00 as provided in O.R.C. §5721.30 through O.R.C. §5721.43.
A) That the Tax Certificate(s) be found to be a valid first statutory lien on the Property pursuant to O.R.C. §5721.10 and §5721.35, and otherwise, for the amount so owing, together with Plaintiff's advances authorized by law for demolition and other costs, acquisition of subsequent year tax certificates concerning the Property, taxes, assessments, and other charges, costs and attorney's fees.
B) That such lien(s) be foreclosed, that the Court make its findings as provided in O.R.C. §5721.39(A) and (B), and that unless the amount found due, together with the costs of this proceeding and costs related directly or indirectly to the Tax Certificate, including, without limitation, attorney's fees, be tendered to the Plaintiff prior to the filing of an entry of Confirmation of Sale pursuant to such proceeding, the equity of redemption of said parties shall be foreclosed.
C) That all Defendants be required to answer and set up their claims in the Property or be forever barred.
D) That the Court issue an order that the Parcel be sold by the Sheriff, in the manner provided by O.R.C. §5721.19 and §5721.37, or otherwise transferred according to any applicable procedures provided in section §323.65 to 323.79 of the Revised Code, or, in the alternative, if the county auditor has determined that the true value of the subject parcel is less than the certificate purchase price, a decree transferring and vesting fee simple title free and clear of all subordinate liens to the certificate holder, pursuant to O.R.C. §5721.37(F), and that such fee simple title be forever a bar to all rights of redemption.
E) That the property be ordered advertised and sold according to law.
F) That from the proceeds of sale, Plaintiff be paid the amount found due it and in accordance with O.R.C. §5721.37(F) and §5721.39(D).
G) That the costs of this action, as provided in O.R.C. §5721.37 and §5721.39 be taxed as costs and paid from the proceeds of sale.
H) That the fees and costs of the private attorney representing the certificate holder in this action, as provided in O.R.C. §5721.37 and §5721.39 be taxed as costs and paid from the proceeds of sale.
I) That upon the occurrence of all conditions for forfeiture of the Parcel as provided in O.R.C. §5721.40, the Court issue an order forfeiting the Parcel to the certificate holder as provided therein, and directing the County Auditor, Treasurer, and/or Fiscal Officer, to remove and cancel all property tax and other liability imposed upon the Parcel prior to the date of recording of the deed, as so specified in O.R.C. §5721.40.
J) That the Court grant such additional relief as Plaintiff may be entitled to at law and/or in equity.
The defendants named above are required to answer on or before the 21st day of November, 2019.
Tax Ease Ohio II, LLC aka Tax Ease Ohio, II, LLC.
By David T. Brady, Suzanne M. Godenswager, Austin B. Barnes III and Brian S. Gozelanczyk and Mark M. Schonhut, Attorneys for Plaintiff.