Daily Legal News - Foreclosure Notices
920101—Tax Ease Ohio II LLC vs. Gertrude Lockett, aka Gertrude M. Lockett aka Gertrude L. Lockett, et al.
Gertrude Lockett, aka Gertrude M. Lockett aka Gertrude L. Lockett and Unknown Spouse, if any, of Gertrude Lockett, Name Unknown, whose last known place of residence and present place of residence are unknown, will take notice that on August 20, 2019, the undersigned, Tax Ease Ohio II LLC filed its complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that Plaintiff purchased from the Cuyahoga County Treasurer or Fiscal Officer at a negotiated sale or at public auction, in conformity with ORC §5721.33, or acquired by endorsement, and is the owner of Tax Certificate No(s). B2017-1-516, S2018-1-238; that Plaintiff filed a Notice of Intent to Foreclose with the Cuyahoga County Treasurer or Fiscal Officer in accordance with ORC §5721.37, and the County Treasurer or Fiscal Officer certified thereon that the Property had not been redeemed.
Permanent Parcel No. 687-01-036
Address: 3217 E. Berkshire Rd., Cleveland Heights, OH 44118
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.
That there is due to the Plaintiff, the following:
(a) On Tax Certificate No. B2017-1-516 the principal amount of $5,676.94 plus accrued interest in the amount of $1,528.04 through June 30, 2019, plus interest at 17% thereafter;
(b) On Tax Certificate No. S2018-1-238 the principal amount if $3,911.95 plus accrued interest in the amount of $469.43 through June 30, 2019, plus interest at 18% thereafter;
(c) Pursuant to the Notice of Intent to Foreclose Taxes, assessments, penalties, interest and charges that are not covered by a tax certificate. Plaintiff is owed the principal amount of $3.420.95 plus interest at 18.00% from July 9, 2019, plus additional amounts as may accrue during the pendency of this action as is allowed by Ohio Revised Code Sections 5721.30 through 5721.41 or otherwise.
(d) Costs and attorneys' fees in accordance with RC §5721.30 through §5721.43 or otherwise.
Wherefore, Plaintiff prays for the following:
A) In REM Judgment in favor of Plaintiff as to the following:
(a) On Tax Certificate No. B2017-1-516, the principal amount of $5,676.94, plus accrued interest in the amount of $1,528.04 through June 30, 2019, plus interest at 17% thereafter.
(b) On Tax Certificate No. S2018-1-238, the principal amount of $3,911.95, plus accrued interest in the amount of $469.43 through June 30, 2019, plus interest at 18% thereafter.
(c) Pursuant to the Notice of Intents to Foreclose Taxes, assessments, penalties, interest and charges that are not covered by a tax certificate, Plaintiff is owed, the principal amount of $3,420.95, plus interest at 18.00% from July 9, 2019; plus additional amounts as may accrue during the pendency of this action as is allowed by Ohio Revised Code Sections 5721.30 through 5721.41 or otherwise.
B. Judgment be rendered in favor of the Plaintiff and/or Cuyahoga County Treasurer for any delinquent taxes, assessments, penalties, interest and charges on the parcel not covered by the above-mentioned Tax Certificates which accrues prior to the entry of the Confirmation of Sale.
C. The Tax Certificate(s) be deemed a valid first statutory lien on the Property pursuant to ORC §5721.10 and §5721.35, and otherwise, for the amount owing, together with Plaintiff's advances for demolition and other costs, the amount owing on subsequent tax certificates acquired by Plaintiff concerning the Property, taxes, assessments, and other charges, costs and attorneys' fees;
D. Such lien(s) be foreclosed, that the Court make findings in accordance with ORC §5721.39(A) and (B), and that unless the amount found due, including Plaintiff's attorneys' fees and costs relating directly or indirectly to the Tax Certificate(s), be tendered to the Plaintiff prior to the filing of an Entry of Confirmation of Sale in this matter, the equity of redemption of all defendants be foreclosed.
E. All defendants in this action be required to answer as to any claim they may have in or to the Property or be forever barred from any such claim.
F. An order be issued to the Sheriff to sell the Property, as provided by ORC §5721.19 and §5721.37, or otherwise according to any applicable procedures provided in ORC §323.65 to §323.79; or in the alternative, if the County Auditor or Fiscal Officer determines that the true value of the Property is less than the redemption price on the Tax Certificate(s), a decree transferring fee simple title to Plaintiff free and clear of all liens pursuant to ORC §5721.37(F), and that the right of redemption of any party hereto be forever barred.
G. The Property be ordered advertised and sold by the Sheriff according to law.
H. The Plaintiff be paid from the proceeds of sale, the amount due it and in accordance with ORC §5721.37(F) and §5721.39(D);
I. The costs of this action, including the cost of the Preliminary Judicial Report and the Final Judicial Report, as provided in ORC §5721.37 and 5721.39 be taxed as costs and paid from the proceeds of such sale.
J. The fees and costs of the private attorney representing the Plaintiff in this action, as provided in ORC §5721.37 and 5721.39 be taxed as costs and paid from the proceeds of such sale; and.
K. Upon fulfillment of all conditions for forfeiture of the Property as provided in ORC §5721.40, the Court issue an order forfeiting the Property to the Plaintiff, 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 specified in ORC §5721.40.
The defendants named above are required to answer on or before the 25th day of November, 2019.
Tax Ease Ohio II LLC.
By Benjamin N. Hoen, Brady J. Lighthall, Larry R. Rothenberg and Ricardo Johnstone, Attorneys for Plaintiff.