Daily Legal News - Miscellaneous Legal Notices
2020 ADV 249808—Ricky Dunn, Fiduciary of the Estate of Shelby J. Parasiliti, Deceased vs. Mandy Dunn, et al.
Ricky Dunn, Fiduciary of the Estate of Shelby J. Parasiliti, Deceased, whose last known address is 2864 Polly Road, Shalersville Township, OH 44266, otherwise whose address is unknown; Mandy Dunn, whose last known place of residence is 400 W. Aurora Road, Sagamore Hills, OH 44067 otherwise whose place of residence is unknown; and Carrie Syllaba, whose last known place of residence is 222 Rosewood Ave., Northfield, OH 44067, otherwise whose place of residence is unknown, will take notice that on May 24, 2021, the undersigned, Defendant, FIG as Custodian for FIG OH18, LLC, filed its answer and crossclaim, and on July 1, 2021, filed its amended answer and crossclaim in the Probate Court, One Lakeside Avenue, N.W., of Cuyahoga County, Ohio, alleging that the Certificate redemption price appearing to be due and unpaid is due and unpaid; That FIG states that there are also due and payable taxes, assessments, penalties and charges on the Parcel not covered by the Tax Certificates, including all costs related directly or indirectly to the Tax Certificate, including without limitations, 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. 543-25-005
Address: 12917 Orme Road, Garfield Heights, OH 44125
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 FIG's first-priority tax liens on the subject Parcel is:
(a) the certificate purchase price of $8,018.40 on Tax Certificate No. B2018-1-136 plus interest at the rate of 14.00% per annum from December 14, 2018 through January 11, 2021, plus interest at the rate of 18.00% per annum from January 12, 2021; plus
(b) the certificate purchase price of $3,841.44 on subsequent Tax Certificate No. S2019-1-78, plus interest at the rate of 18% per annum from August 26, 2019; plus
(c) the certificate purchase price of $3,684.73 on subsequent Tax Certificate No. S2020-1-176, plus interest at the rate of 18% per annum from September 25, 2020; plus
d) the amount paid under O.R.C. §5721.37(B)(2), which is $3,131.12 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
(e) 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 Defandant FIG'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 Defendant FIG 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 Parties 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, FIG 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 the 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 FIG may be entitled to at law and/or in equity.
The defendants named above are required to answer on or before the 23rd day of November, 2021.
Defendants, FIG AS CUSTODIAN FOR FIG OH18, LLC.
By James L. Sassano and Bradley P. Toman, Attorneys for Plaintiff.