Daily Legal News - Foreclosure Notices
953358—FIG as Custodian for FIG OH18, LLC and Secured Party vs. Linda A. Gaines, et al.
Linda A. Gaines and John Doe, Real Name Unknown, The Unknown Spouse, if any, of Linda A. Gaines, whose last known places of residence are 1432 Cleveland Heights Blvd., Cleveland Heights, OH 44121 and 428 Washington Circle, Oberlin, OH 44074, otherwise whose place of residence is unknown; Jesse Michael Anderson and Jane Doe, Real Name Unknown, The Unknown Spouse, if any, of Jesse Michael Anderson, whose last known place of residence is 2584 E. 39th St., Cleveland, OH 44115, otherwise whose place of residence is unknown; John Doe and/or Jane Doe, Real Names Unknown, the Unknown Heirs, Devisees, Legatees, Administrators, Executors and Assigns of David A. Anderson, the place of residence of each being unknown; Capital One Bank USA NA, whose last known addresses are 15000 Capital One Drive, Richmond, VA 23238 and 100 Shockoe Slip, 2nd Floor, Richmond, VA 23219, otherwise whose address is unknown; National Collegiate Student Loan Trust 2005-3, A Delaware Statutory Trust, whose last known address is 7595 Montevideo Road, Jessup, MD 20794, otherwise whose address is unknown; National Collegiate Student Loan Trust 2006-3, A Delaware Statutory Trust, whose last known address is 7595 Montevideo Road, Jessup, MD 20794, otherwise whose address is unknown; and National Collegiate Student Loan Trust 2006-4, A Delaware Statutory Trust, whose last known address is 7595 Montevideo Road, Jessup, MD 20794, otherwise whose address is unknown, will take notice that on September 22, 2021, the undersigned, FIG as Custodian for FIG OH18, LLC and Secured Party, filed its 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. B2019-1-326 and S2020-1-577; 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. 683-02-809C
Address: 1432 Cleveland Heights Boulevard, Cleveland Heights, Ohio 44121
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 $9,727.00 on Tax Certificate No. B2019-1-326 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 $4,487.42 on subsequent Tax Certificate No. S2020-1-577, 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 $4,641.27 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.
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.
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.
all Defendants be required to answer and set up their claims in the Parcel or be forever barred.
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.
the property be ordered advertised and sold according to law.
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).
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.
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.
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
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 1st day of March, 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.