Daily Legal News - Foreclosure Notices

  • LEGAL NOTICE

    953335—FIG as Custodian for FIG OH18, LLC and Secured Party vs. Margaret Griffin, et al.

    Margaret Griffin and John Doe, Real Name Unknown, the Unknown Spouse, if any, of Margaret Griffin, whose last known places of residence 3802 W. 138th St., Cleveland, OH 44111 and 3806 W. 138th St., Cleveland, OH 44111, otherwise whose address is unknown, will take notice that on October 28, 2021, the undersigned, FIG as Custodian for FIG OH18, LLC and Secured Party, filed its amended complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that the Cuyahoga County Treasurer sold to Plaintiff at public auction or negotiated sale, in conformity with the statutory authority conferred by O.R.C. §5721.32 or §5721.33, the Tax Certificates Nos. B2019-1-305 and S2020-1-562; 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 certificate(s) has or have not been redeemed; that there are also due and payable taxes, assessments, penalties and charges on the Parcel 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, and the fees and costs of these proceedings.

    A legal description of the Parcel is described as follows to wit:

    Permanent Parcel No. 022-05-081

    Address: 3806 West 138th Street, Cleveland, Ohio 44111

    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 $8,511.12 on Tax Certificate No. B2019-1-305 plus interest at the rate of 14.00% per year from 11/22/2019 until 9/16/2021, plus interest at the rate of 18.00% per annum from 9/16/2021 and costs; plus

    (b) the certificate purchase price of $1,883.13 on subsequent Tax Certificate No. S2020-1-562, plus interest at the rate of 18% from 09/25/2020; plus

    (c) of the amount paid under O.R.C. §5721.37(B)(2), which is $1,925.13 plus interest at the rate of 18.00% per annum from the day Plaintiff filed its Notice of Intent to Foreclose under O.R.C. §5721.37; plus

    (d) costs and attorney's fees as provided in O.R.C. §5721.30 through O.R.C. §5721.43, or otherwise, such amounts being subject to increase.

    Plaintiff demands:

    A)

    THAT

    the Tax Certificate(s) be found to be a valid first statutory lien on the Parcel pursuant to O.R.C. §5721.10 and O.R.C. §5721.35, and otherwise, superior to all other liens and encumbrances upon the Parcel, 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 Parcel, 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 it 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 as provided in O.R.C. §5721.38 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 Parcel 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 O.R.C. §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 O.R.C. §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, O.R.C. §5721.371 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 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; and

    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 28th day of February, 2022.

    FIG AS CUSTODIAN FOR FIG OH18, LLC AND SECURED PARTY.

    By James L. Sassano, Maureen C. Zink and William L. Costello, Attorneys for Plaintiff.

    Jan15-22-29, 2022

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