Preview
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
NOTICE OF
June 17,2021 09:53
By: JILLIAN HENZLER 0089048
Confirmation Nbr. 2279741
FALLS POINTE COMMUNITY ASSOCIATION CV 21 944028
vs.
Judge: STEVEN E. GALL
CYNTHIA SAINTE MARIE AKA CYNTHIA MAYHER,
ET AL
Pages Filed: 22
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
FALLS POINTE COMMUNITY ) CASE NO. CV-21-944028
ASSOCIATION )
) JUDGE STEVEN E. GALL
Plaintiff )
) MAGISTRATE DAY
-vs.- )
)
CYNTHIA SAINTE MARIE AKA ) NOTICE OF SUBMISSION OF
CYNTHIA MAYHER, et al. ) PROPOSED MAGISTRATE'S
) DECISION AND JUDGMENT ENTRY
Defendants. )
)
)
In compliance with this Court's order of June 1, 2021, Plaintiff, Falls Pointe
Community Association, gives notice that a proposed Magistrate's Decision and
Judgment Entry (copies attached hereto) were submitted to the Court.
KAMAN & CUSIMANO, LLC
/s/ Jillian Henzler
Darcy Mehling Good (0068249)
Jillian M. Henzler (0089048)
Attorneys for Plaintiff
50 Public Square, Suite 2000
Cleveland, OH 44113
(216) 696-0650 / FAX (216) 771-8478
kcattorney@kamancus.com
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
CERTIFICATE OF SERVICE
A copy of the foregoing Notice of Submission of Proposed Magistrate's
Decision and Judgment Entry has been served upon the following parties by U.S.
Regular Mail and/or Court's electronic service this 17th day of June, 2021:
Cynthia Sainte Marie aka Cynthia Mayher
9178 Millstream Circle
Olmsted Falls, OH 44138
Falls Pointe Single Family HOA
c/o Kaman & Cusimano, LLC
50 Public Square, Suite 2000
Cleveland, OH 44113
John Mayher
9178 Millstream Circle
Olmsted Falls, OH 44138
Joseph M. McCandish Esq.
30 East Broad Street, 14th Floor
Columbus, OH 43215
Paul M. Nalepka Esq.
3962 Red Bank Road
Cincinnati, OH 45227
/s/ Jillian Henzler
Darcy Mehling Good (0068249)
Jillian M. Henzler (0089048)
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
FALLS POINTE COMMUNITY ) CASE NO. CV-21-944028
ASSOCIATION )
) JUDGE STEVEN E. GALL
Plaintiff )
) MAGISTRATE CHRISTOPHER E.
-vs.- ) DAY
)
CYNTHIA SAINTE MARIE AKA )
CYNTHIA MAYHER, et al. ) MAGISTRATE’S DECISION
) (Sold Subject to Mortgage of
Defendants. ) Defendant, The Bank of New York
) Mellon fka The Bank of New York, as
) Trustee for the Certificateholders of the
) CWABS, Inc., Asset-Backed
) Certificates, Series 2006-18)
This cause was submitted to the Magistrate and heard upon the Complaint of
the Plaintiff, the Answer of Defendant, The Bank of New York Mellon fka The Bank
of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed
Certificates, Series 2006-18, the Answer of State of Ohio Department of Taxation, the
Plaintiff’s Motion for Default Judgment, and the evidence.
The Magistrate finds that all necessary parties have been properly served with
summons according to law and are properly before the Court. Upon the evidence, the
Magistrate finds that the Defendants, Cynthia Sainte Marie aka Cynthia Mayher,
John Mayher, and Falls Pointe Single Family HOA, are in default of Answer or other
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
response to the Complaint and has by reason thereof confessed the allegations of the
Complaint to be true.
The Magistrate further finds that Plaintiffs Motion for Default is well taken
and the same is hereby granted.
The Magistrate finds that there is due the Cuyahoga County Treasurer, taxes,
accrued taxes, assessments, and penalties on the premises described herein
including: (1) taxes, assessments, interest, and penalties, the lien for which attaches
before the date of sale but that are not yet determined, assessed and levied for the
year that includes the date of sale, apportioned pro rata to the part of that year that
precedes the date of sale, and (2) all other taxes, assessments, penalties, and interest
which attached for a prior tax year but have not been paid on or before the date of the
judicial sale. The exact amount of said taxes, accrued taxes, assessments, and
penalties are unascertainable at this time, but will be determined at the time of the
sale of said premises for which amount the Cuyahoga County Treasurer has a good
and valid lien.
The Magistrate finds that there is due the Defendant, The Bank of New York
Mellon fka The Bank of New York, as Trustee for the Certificateholders of the
CWABS, Inc., Asset-Backed Certificates, Series 2006-18, holds a promissory note set
forth in its Answer. The Magistrate further finds that in order to secure the
indebtedness evidenced by the promissory note, a certain mortgage deed was
executed and delivered securing the following described premises:
Premises Known As: 9178 Millstream Circle
Olmsted Falls, Ohio
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
- 2 -
Permanent Parcel No.: 290-04-014
(SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT “A”)
The Magistrate finds that the mortgage of Defendant, The Bank of New York
Mellon fka The Bank of New York, as Trustee for the Certificateholders of the
CWABS, Inc., Asset-Backed Certificates, Series 2006-18, was duly filed with the
Recorder of Cuyahoga County on September 1, 2006, as Instrument No.
200609010458 of the Mortgage Records of Cuyahoga County and thereby became a
valid lien upon said premises, subject to the lien of the Treasurer for taxes.
The Magistrate further finds that the mortgage of Defendant, The Bank of New
York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the
CWABS, Inc., Asset-Backed Certificates, Series 2006-18, is a prior lien as defined in
O.R.C. Section 2329.20 and that the decree rendered herein will not affect said
mortgage or obligation secured thereby and that said property is to be sold subject to
the mortgage of Defendant, The Bank of New York Mellon fka The Bank of New York,
as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates,
Series 2006-18,
The Magistrate further finds that the Plaintiff, filed its Certificates of Lien, on
January 26, 2018 and August 26, 2020, as Instrument Nos. 201801260347 and
202008260573, respectively, of Cuyahoga County Records, and thereby obtained what
became and is a good, valid and subsisting lien upon the premises herein. As a result,
the Plaintiff is entitled to have the equity of redemption and dower of the Defendants,
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
- 3 -
Cynthia Sainte Marie aka Cynthia Mayher, and John Mayher in and to said premises
foreclosed.
The Magistrate further finds that there is due and owing to the Plaintiff the
sum of $5,897.95 as of June 11, 2021 as shown in the Affidavit in support of Plaintiffs
Motion for Default Judgment.
The Magistrate further finds that of the above balance due $1,577.50 is
attorney fees and $1,042.95 is court costs.
The Magistrate finds that a money judgment in the sum of $3,277.50 (which
does not include attorney fees), with interest at 8% pursuant to O.R.C. §1343.01 per
annum from June 11, 2021 plus $1,042.95 in court costs and title work (which have
not been otherwise paid or refunded), as shown in the Affidavit filed by Plaintff in
support of its Motion for Default Judgment, is rendered in favor of the Plaintiff and
against the Defendant, Cynthia Sainte Marie aka Cynthia Mayher,.
The Magistrate further finds that Plaintiff is entitled to attorney’s fees. A
determination of the amount of said fees is held for further order.
The Magistrate finds the marshalling of Plaintiff’s lien and the initial
distribution due to Plaintiff from the proceeds of the sheriff’s sale shall be the value
of Plaintiff’s lien recorded on August 7, 2020 as Instrument No. 202008260573 of
Cuyahoga County Records.
The Magistrate finds that additional sums for maintenance fees and
assessments, etc. may accrue during the pendency of this case and that, as a result,
Plaintiff may claim an additional interest in the subject premises and/or a
supplemental money judgment against the Defendant, Cynthia Sainte Marie aka
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
- 4 -
Cynthia Mayher. A determination of the amount of said claim or judgment is held
for further order.
The Magistrate finds that Defendant, State of Ohio Department of Taxation,
filed an Answer. The Magistrate makes no finding at this time as to the rights, titles,
interests or liens of Defendant, State of Ohio Department of Taxation, except to note
that such claim, right, title, interest or lien is hereby ordered transferred to the
proceeds derived from the sale of said premises, after the payment of costs of the
within action, and taxes due and payable, and the same is hereby ordered continued
until further order.
Pursuant to Civ. R. 54(B) there is no just reason for delay in entering the
judgment herein.
ORDER
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that, unless
the sums hereinabove found due, together with the costs of this action, be fully paid
within three days of the date of the Court's adoption of the Magistrate's Decision, the
equity of redemption and dower of all the defendants in and to said premises will be
foreclosed, and said premises sold; and that an order of sale shall issue to the Sheriff
of Cuyahoga County, directing him to appraise, advertise in a paper of general
circulation within the county, and sell said premises as upon execution and according
to law, free and clear of the interest of all parties to this action, excepting that of
Defendant, The Bank of New York Mellon fka The Bank of New York, as Trustee for
the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
- 5 -
18, pursuant to the statutes in such cases made and provided. Said premises shall
be advertised for sale and sold pursuant to O.R.C. Section 2329.20 and Section
2329.21, subject to Defendant, The Bank of New York Mellon fka The Bank of New
York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed
Certificates, Series 2006-18, 'smortgage, that said premises shall be advertised for
sale and sold at a minimum value of not less than two-thirds of the difference between
the value of the real estate as appraised and the amount remaining unpaid on the
note and mortgage of Defendant, The Bank of New York Mellon fka The Bank of New
York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed
Certificates, Series 2006-18.
In the event, that two-thirds of the appraised value is less than the mortgage
value, the sheriff should set the minimum bid at zero, with the purchaser being
responsible for costs and taxes. If the court authorizes a private selling officer to sell
the real estate, then the sale must proceed in accordance with R.C. §2329.152.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED prior to filing a
Praecipe for Order of Sale, Plaintiffs counsel must request a payoff from counsel for
The Bank of New York Mellon fka The Bank of New York, as Trustee for the
Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18,.
Once Plaintiff's counsel sends its request, counsel for The Bank of New York Mellon
fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc.,
Asset-Backed Certificates, Series 2006-18, must file an affidavit or provide similar
document to the Plaintiff's counsel attesting to the amount owed on the note and
mortgage within 10 days
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
- 6 -
If this is a residential property and the property remains unsold after the first
auction, then a second auction shall be held and the property shall be sold to the
highest bidder without regard to the minimum bid requirement in §2329.20 of the
Revised Code. This auction shall be held no earlier than seven days and not later
than thirty days after the first auction.
If there is a bidder at the second or subsequent sales, the judgment creditor
and the first lien holder have the right to redeem the property within fourteen days
of the sale, by paying the purchase price to the Clerk of Court. Upon timely payment,
the court will proceed as described in R.C. §2329.31 with the redeeming party
considered the successful purchaser at sale.
In the event an Order of Sale is returned by the selling officer unexecuted,
subsequent Orders of Sale shall issue in accord with appraisal instructions contained
in the Praecipe for those sales.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, coming now
to distribute the proceeds of said sale, the Sheriff or private selling officer out of the
funds in his hands pay:
FIRST: The costs herein, including the sum of $1,150.00 payable to
Falls Pointe Community Association, c/o Kaman &
Cusimano, LLC, for the Judicial Reports filed herein,
which sum is taxed as costs;
SECOND: IF THE PLAINTIFF IS THE PURCHASER AND HAS
ELECTED TO FORGO THE PAYMENT FROM THE
SALE PROCEEDS OF CERTAIN TAXES AS PROVIDED
IN R.C. §323.47(B):
To the Treasurer of Cuyahoga County, Ohio, taxes, accrued
taxes, assessments, and penalties on the premises
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
- 7 -
hereinafter described, as shown on the County Treasurer’s
tax duplicate;
OTHERWISE:
To the Cuyahoga County Treasurer, taxes, assessments,
interest, and penalties, the lien for which attaches before
the date of sale but that are not yet determined, assessed
and levied for the year that includes the date of sale,
apportioned pro rata to the part of that year that precedes
the date of sale, and all other taxes, assessments, penalties,
and interest which attached for a prior tax year but have
not been paid on or before the date of sale.
THIRD: The balance, if any, to the Clerk of Courts to be held
pending further order
In the event Plaintiff is the successful bidder at the sale, the amount of the
deposits made herein by Plaintiff and the cost of the judicial reports in the sum of
$1,150.00, will be deducted from the total amount of Court costs otherwise payable
herein.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that additional
sums for maintenance fees and assessments, etc. may accrue during the pendency of
this case and that, as a result, Plaintiff may claim an additional interest in the subject
premises and/or a supplemental money judgment against the Defendant, Cynthia
Sainte Marie aka Cynthia Mayher, A determination of the amount of said claim or
judgment is held for further order.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, upon the
confirmation of sale made herein, a minute of these proceedings be entered upon the
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
- 8 -
Cuyahoga County Records involved in this action to reflect that they are released as
liens against the subject premises.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, after said
sale has been completed, a deed will be conveyed to the purchaser and a Writ of
Possession of said property be issued.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, if a
successful sale occurs, the parties are ordered to file any motions for reimbursement
of advances pursuant to R.C. § 5301.233 within 21 days from the sale. A party may
move the court to extend this deadline for good cause shown. No party will be granted
reimbursement for advances if such a motion is not filed before this deadline. Within
7 days from the filing of a motion for reimbursement, a party may file a brief in
opposition. The court will then make a careful examination of the sale pursuant to
the applicable statutes. If, however, this case does not involve advances or no
mortgagee intends to seek advances, a party may file a notice to this effect within
seven days of the sale. Where such notice is filed, no party filing such notice will be
granted reimbursement for advances and the court will make a careful examination
of the sale pursuant to the applicable statutes upon the return of the order of sale. A
party may redeem before confirmation of the sale. Nothing in this order prevents the
court from staying the confirmation of sale to permit a property owner additional time
to redeem.
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
- 9 -
RECORD IS HEREBY ORDERED.
MAGISTRATE DAY
--NOTICE--
A party shall not assign as error on appeal the court’s
adoption of any factual finding or legal conclusion, whether
or not specifically designated as a finding of fact or
conclusion of law under Civ. R. 53(D)(3)(a)(ii), unless the
party timely and specifically objects to that factual finding
or legal conclusion as required by Civ. R. 53(D)(3)(b).
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
- 10 -
CERTIFICATE OF SERVICE
Copies of the foregoing have been sent by ordinary U.S. Mail by the Clerk of
Courts to the following parties or their counsel of record:
Cynthia Sainte Marie aka Cynthia Darcy Mehling Good, Esq.
Mayher Jillian M. Henzler, Esq.
9178 Millstream Circle Kaman & Cusimano, LLC
Olmsted Falls, OH 44138 50 Public Square, Suite 2000
Defendant Cleveland, OH 44113
Attorneys for Plaintiff
Falls Pointe Single Family HOA
c/o Kaman & Cusimano, LLC
50 Public Square, Suite 2000
Cleveland, OH 44113
Defendant
John Mayher
9178 Millstream Circle
Olmsted Falls, OH 44138
Defendant
Joseph M. McCandish Esq.
30 East Broad Street, 14th Floor
Columbus, OH 43215
Attorney for Defendant, State of Ohio
Department of Taxation
Paul M. Nalepka Esq.
3962 Red Bank Road
Cincinnati, OH 45227
Attorney for Defendant, The Bank of
New York Mellon fka The Bank ofNew
York, as Trustee for the
Certificateholders of the CWABS, Inc.,
Asset-Backed Certificates, Series 2006
18
Copies mailed by the Clerk of Courts on .
CLERK OF COURTS
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
- 11 -
EXHIBIT A
LEGAL DESCRIPTION
File Number: J210144
Situated in the City of Olmsted Falls, County of Cuyahoga and State of Ohio, and known as being Sublot No. 14
in Falls Pointe Phase I Subdivision of part of Original Olmsted Township Tract 3, as shown by the recorded plat
in Volume 278 of Maps, Page 37 of Cuyahoga County Records, as appears by said plat, be the same more or
less, but subject to all legal highways.
Premises commonly known as:
9178 Millstream Circle
Olmsted Falls, OH 44138
Permanent Parcel No(s)
290-04-014
End of Exhibit A Legal Description
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
FALLS POINTE COMMUNITY ) CASE NO. CV-21-944028
ASSOCIATION )
) JUDGE STEVEN E. GALL
Plaintiff )
) MAGISTRATE CHRISTOPHER E.
-vs.- ) DAY
)
CYNTHIA SAINTE MARIE AKA ) ORDER ADOPTING
CYNTHIA MAYHER, et al. ) MAGISTRATE’S DECISION
) [Sold Subject to Mortgage of Defendant,
Defendants. ) The Bank of New York Mellon fka The
) Bank of New York, as Trustee for the
) Certificateholders of the CWABS, Inc.,
) Asset-Backed Certificates, Series 2006
) 18]
This cause is before the Court on the decision of the Magistrate, the evidence
admitted at the hearing, and the motions and pleadings in the Court file.
Default judgment granted in favor of Plaintiff against the following
Defendants:
Cynthia Sainte Marie aka Cynthia Mayher, John Mayher, and Falls Pointe
Single Family HOA.
The Court further finds that the mortgage of Defendant, The Bank of New York
Mellon fka The Bank of New York, as Trustee for the Certificateholders of the
CWABS, Inc., Asset-Backed Certificates, Series 2006-18, is a prior lien as defined in
O.R.C. Section 2329.20 and that the decree rendered herein will not affect said
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
mortgage or obligation secured thereby and that said property is to be sold subject to
the mortgage of Defendant, The Bank of New York Mellon fka The Bank of New York,
as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates,
Series 2006-18.
The Court adopts the Magistrate’s Decision dated granting a
foreclosure on the premises.
(SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF)
PREMISES COMMONLY KNOWN AS:
9178 Millstream Circle, Olmsted Falls, OH
PERMANENT PARCEL NO.: 290-04-014
The parties who have asserted an interest in the premises and Defendant,
State of Ohio, Department of Taxation will be paid according to their priority. The
claims of all parties who have asserted an interest in premises and whose claims are
not paid in the order of distribution herein are transferred to the proceeds of sale and
will be determined at a later date.
Judgment in the sum of $3,277.50 (which does not include attorney fees), with
interest at 8% pursuant to O.R.C. §1343.01 per annum from June 11, 2021 plus
$1,042.95 in court costs and title work (which have not been otherwise paid or
refunded), for a total amount of $4,320.45 as shown in the Affidavit filed by Plaintiff
in support of its Motion for Default Judgment, is rendered in favor of the Plaintiff
and against the Defendant, Cynthia Sainte Marie aka Cynthia Mayher.
The Court finds that Defendant, State of Ohio Department of Taxation, filed
an Answer. The Court makes no finding at this time as to the rights, titles, interests
or liens of Defendant, State of Ohio Department of Taxation, except to note that such
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
claim, right, title, interest or lien is hereby ordered transferred to the proceeds
derived from the sale of said premises, after the payment of costs of the within action,
and taxes due and payable, and the same is hereby ordered continued until further
order.
The Court finds that Plaintiff has standing to bring this case.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that, unless
the sums hereinabove found due, together with the costs of this action, be fully paid
within three days of the date of the Court's adoption of the Magistrate's Decision, the
equity of redemption and dower of all the defendants in and to said premises will be
foreclosed, and said premises sold; and that an order of sale shall issue to the Sheriff
of Cuyahoga County, directing him to appraise, advertise in a paper of general
circulation within the county, and sell said premises as upon execution and according
to law, free and clear of the interest of all parties to this action, excepting that of
Defendant, The Bank of New York Mellon fka The Bank of New York, as Trustee for
the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006
18, pursuant to the statutes in such cases made and provided. Said premises shall
be advertised for sale and sold pursuant to O.R.C. Section 2329.20 and Section
2329.21, subject to Defendant, The Bank of New York Mellon fka The Bank of New
York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed
Certificates, Series 2006-18, 'smortgage, that said premises shall be advertised for
sale and sold at a minimum value of not less than two-thirds of the difference between
the value of the real estate as appraised and the amount remaining unpaid on the
note and mortgage of Defendant, The Bank of New York Mellon fka The Bank of New
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed
Certificates, Series 2006-18.
In the event, that two-thirds of the appraised value is less than the mortgage
value, the sheriff should set the minimum bid at zero, with the purchaser being
responsible for costs and taxes. If the court authorizes a private selling officer to sell
the real estate, then the sale must proceed in accordance with R.C. §2329.152.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED prior to filing a
Praecipe for Order of Sale, Plaintiffs counsel must request a payoff from counsel for
The Bank of New York Mellon fka The Bank of New York, as Trustee for the
Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18,.
Once Plaintiffs counsel sends its request, counsel for The Bank of New York Mellon
fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc.,
Asset-Backed Certificates, Series 2006-18, must file an affidavit or provide similar
document to the Plaintiffs counsel attesting to the amount owed on the note and
mortgage within 10 days.
If this is a residential property and the property remains unsold after the first
auction, then a second auction shall be held and the property shall be sold to the
highest bidder without regard to the minimum bid requirement in §2329.20 of the
Revised Code. This auction shall be held no earlier than seven days and not later
than thirty days after the first auction.
If there is a bidder at the second or subsequent sales, the judgment creditor
and the first lien holder have the right to redeem the property within fourteen days
of the sale, by paying the purchase price to the Clerk of Court. Upon timely payment,
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
the court will proceed as described in R.C. §2329.31 with the redeeming party
considered the successful purchaser at sale.
In the event an Order of Sale is returned by the selling officer unexecuted,
subsequent Orders of Sale shall issue in accord with appraisal instructions contained
in the Praecipe for those sales.
And coming now to distribute the proceeds of said sale, the Sheriff or private
selling officer out of the funds in his hands pay:
FIRST: The costs herein, including the sum of $1,150.00 payable to
Falls Pointe Community Association, c/o Kaman &
Cusimano, LLC, for the Judicial Reports filed herein,
which sum is taxed as costs;
SECOND: IF THE PLAINTIFF IS THE PURCHASER AND HAS
ELECTED TO FORGO THE PAYMENT FROM THE
SALE PROCEEDS OF CERTAIN TAXES AS PROVIDED
IN R.C. §323.47(B):
To the Treasurer of Cuyahoga County, Ohio, taxes, accrued
taxes, assessments, and penalties on the premises
hereinafter described, as shown on the County Treasurer’s
tax duplicate;
OTHERWISE:
To the Cuyahoga County Treasurer, taxes, assessments,
interest, and penalties, the lien for which attaches before
the date of sale but that are not yet determined, assessed
and levied for the year that includes the date of sale,
apportioned pro rata to the part of that year that precedes
the date of sale, and all other taxes, assessments, penalties,
and interest which attached for a prior tax year but have
not been paid on or before the date of sale.
THIRD: The balance, if any, to the Clerk of Courts to be held
pending further order
Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH
In the event Plaintiff is the successful bidder at the sale, the amount of the
de
Preview
NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas NOTICE OF June 17,2021 09:53 By: JILLIAN HENZLER 0089048 Confirmation Nbr. 2279741 FALLS POINTE COMMUNITY ASSOCIATION CV 21 944028 vs. Judge: STEVEN E. GALL CYNTHIA SAINTE MARIE AKA CYNTHIA MAYHER, ET AL Pages Filed: 22 Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO FALLS POINTE COMMUNITY ) CASE NO. CV-21-944028 ASSOCIATION ) ) JUDGE STEVEN E. GALL Plaintiff ) ) MAGISTRATE DAY -vs.- ) ) CYNTHIA SAINTE MARIE AKA ) NOTICE OF SUBMISSION OF CYNTHIA MAYHER, et al. ) PROPOSED MAGISTRATE'S ) DECISION AND JUDGMENT ENTRY Defendants. ) ) ) In compliance with this Court's order of June 1, 2021, Plaintiff, Falls Pointe Community Association, gives notice that a proposed Magistrate's Decision and Judgment Entry (copies attached hereto) were submitted to the Court. KAMAN & CUSIMANO, LLC /s/ Jillian Henzler Darcy Mehling Good (0068249) Jillian M. Henzler (0089048) Attorneys for Plaintiff 50 Public Square, Suite 2000 Cleveland, OH 44113 (216) 696-0650 / FAX (216) 771-8478 kcattorney@kamancus.com Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH CERTIFICATE OF SERVICE A copy of the foregoing Notice of Submission of Proposed Magistrate's Decision and Judgment Entry has been served upon the following parties by U.S. Regular Mail and/or Court's electronic service this 17th day of June, 2021: Cynthia Sainte Marie aka Cynthia Mayher 9178 Millstream Circle Olmsted Falls, OH 44138 Falls Pointe Single Family HOA c/o Kaman & Cusimano, LLC 50 Public Square, Suite 2000 Cleveland, OH 44113 John Mayher 9178 Millstream Circle Olmsted Falls, OH 44138 Joseph M. McCandish Esq. 30 East Broad Street, 14th Floor Columbus, OH 43215 Paul M. Nalepka Esq. 3962 Red Bank Road Cincinnati, OH 45227 /s/ Jillian Henzler Darcy Mehling Good (0068249) Jillian M. Henzler (0089048) Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO FALLS POINTE COMMUNITY ) CASE NO. CV-21-944028 ASSOCIATION ) ) JUDGE STEVEN E. GALL Plaintiff ) ) MAGISTRATE CHRISTOPHER E. -vs.- ) DAY ) CYNTHIA SAINTE MARIE AKA ) CYNTHIA MAYHER, et al. ) MAGISTRATE’S DECISION ) (Sold Subject to Mortgage of Defendants. ) Defendant, The Bank of New York ) Mellon fka The Bank of New York, as ) Trustee for the Certificateholders of the ) CWABS, Inc., Asset-Backed ) Certificates, Series 2006-18) This cause was submitted to the Magistrate and heard upon the Complaint of the Plaintiff, the Answer of Defendant, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18, the Answer of State of Ohio Department of Taxation, the Plaintiff’s Motion for Default Judgment, and the evidence. The Magistrate finds that all necessary parties have been properly served with summons according to law and are properly before the Court. Upon the evidence, the Magistrate finds that the Defendants, Cynthia Sainte Marie aka Cynthia Mayher, John Mayher, and Falls Pointe Single Family HOA, are in default of Answer or other Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH response to the Complaint and has by reason thereof confessed the allegations of the Complaint to be true. The Magistrate further finds that Plaintiffs Motion for Default is well taken and the same is hereby granted. The Magistrate finds that there is due the Cuyahoga County Treasurer, taxes, accrued taxes, assessments, and penalties on the premises described herein including: (1) taxes, assessments, interest, and penalties, the lien for which attaches before the date of sale but that are not yet determined, assessed and levied for the year that includes the date of sale, apportioned pro rata to the part of that year that precedes the date of sale, and (2) all other taxes, assessments, penalties, and interest which attached for a prior tax year but have not been paid on or before the date of the judicial sale. The exact amount of said taxes, accrued taxes, assessments, and penalties are unascertainable at this time, but will be determined at the time of the sale of said premises for which amount the Cuyahoga County Treasurer has a good and valid lien. The Magistrate finds that there is due the Defendant, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18, holds a promissory note set forth in its Answer. The Magistrate further finds that in order to secure the indebtedness evidenced by the promissory note, a certain mortgage deed was executed and delivered securing the following described premises: Premises Known As: 9178 Millstream Circle Olmsted Falls, Ohio Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH - 2 - Permanent Parcel No.: 290-04-014 (SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT “A”) The Magistrate finds that the mortgage of Defendant, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18, was duly filed with the Recorder of Cuyahoga County on September 1, 2006, as Instrument No. 200609010458 of the Mortgage Records of Cuyahoga County and thereby became a valid lien upon said premises, subject to the lien of the Treasurer for taxes. The Magistrate further finds that the mortgage of Defendant, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18, is a prior lien as defined in O.R.C. Section 2329.20 and that the decree rendered herein will not affect said mortgage or obligation secured thereby and that said property is to be sold subject to the mortgage of Defendant, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18, The Magistrate further finds that the Plaintiff, filed its Certificates of Lien, on January 26, 2018 and August 26, 2020, as Instrument Nos. 201801260347 and 202008260573, respectively, of Cuyahoga County Records, and thereby obtained what became and is a good, valid and subsisting lien upon the premises herein. As a result, the Plaintiff is entitled to have the equity of redemption and dower of the Defendants, Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH - 3 - Cynthia Sainte Marie aka Cynthia Mayher, and John Mayher in and to said premises foreclosed. The Magistrate further finds that there is due and owing to the Plaintiff the sum of $5,897.95 as of June 11, 2021 as shown in the Affidavit in support of Plaintiffs Motion for Default Judgment. The Magistrate further finds that of the above balance due $1,577.50 is attorney fees and $1,042.95 is court costs. The Magistrate finds that a money judgment in the sum of $3,277.50 (which does not include attorney fees), with interest at 8% pursuant to O.R.C. §1343.01 per annum from June 11, 2021 plus $1,042.95 in court costs and title work (which have not been otherwise paid or refunded), as shown in the Affidavit filed by Plaintff in support of its Motion for Default Judgment, is rendered in favor of the Plaintiff and against the Defendant, Cynthia Sainte Marie aka Cynthia Mayher,. The Magistrate further finds that Plaintiff is entitled to attorney’s fees. A determination of the amount of said fees is held for further order. The Magistrate finds the marshalling of Plaintiff’s lien and the initial distribution due to Plaintiff from the proceeds of the sheriff’s sale shall be the value of Plaintiff’s lien recorded on August 7, 2020 as Instrument No. 202008260573 of Cuyahoga County Records. The Magistrate finds that additional sums for maintenance fees and assessments, etc. may accrue during the pendency of this case and that, as a result, Plaintiff may claim an additional interest in the subject premises and/or a supplemental money judgment against the Defendant, Cynthia Sainte Marie aka Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH - 4 - Cynthia Mayher. A determination of the amount of said claim or judgment is held for further order. The Magistrate finds that Defendant, State of Ohio Department of Taxation, filed an Answer. The Magistrate makes no finding at this time as to the rights, titles, interests or liens of Defendant, State of Ohio Department of Taxation, except to note that such claim, right, title, interest or lien is hereby ordered transferred to the proceeds derived from the sale of said premises, after the payment of costs of the within action, and taxes due and payable, and the same is hereby ordered continued until further order. Pursuant to Civ. R. 54(B) there is no just reason for delay in entering the judgment herein. ORDER IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that, unless the sums hereinabove found due, together with the costs of this action, be fully paid within three days of the date of the Court's adoption of the Magistrate's Decision, the equity of redemption and dower of all the defendants in and to said premises will be foreclosed, and said premises sold; and that an order of sale shall issue to the Sheriff of Cuyahoga County, directing him to appraise, advertise in a paper of general circulation within the county, and sell said premises as upon execution and according to law, free and clear of the interest of all parties to this action, excepting that of Defendant, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006- Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH - 5 - 18, pursuant to the statutes in such cases made and provided. Said premises shall be advertised for sale and sold pursuant to O.R.C. Section 2329.20 and Section 2329.21, subject to Defendant, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18, 'smortgage, that said premises shall be advertised for sale and sold at a minimum value of not less than two-thirds of the difference between the value of the real estate as appraised and the amount remaining unpaid on the note and mortgage of Defendant, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18. In the event, that two-thirds of the appraised value is less than the mortgage value, the sheriff should set the minimum bid at zero, with the purchaser being responsible for costs and taxes. If the court authorizes a private selling officer to sell the real estate, then the sale must proceed in accordance with R.C. §2329.152. IT IS FURTHER ORDERED, ADJUDGED AND DECREED prior to filing a Praecipe for Order of Sale, Plaintiffs counsel must request a payoff from counsel for The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18,. Once Plaintiff's counsel sends its request, counsel for The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18, must file an affidavit or provide similar document to the Plaintiff's counsel attesting to the amount owed on the note and mortgage within 10 days Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH - 6 - If this is a residential property and the property remains unsold after the first auction, then a second auction shall be held and the property shall be sold to the highest bidder without regard to the minimum bid requirement in §2329.20 of the Revised Code. This auction shall be held no earlier than seven days and not later than thirty days after the first auction. If there is a bidder at the second or subsequent sales, the judgment creditor and the first lien holder have the right to redeem the property within fourteen days of the sale, by paying the purchase price to the Clerk of Court. Upon timely payment, the court will proceed as described in R.C. §2329.31 with the redeeming party considered the successful purchaser at sale. In the event an Order of Sale is returned by the selling officer unexecuted, subsequent Orders of Sale shall issue in accord with appraisal instructions contained in the Praecipe for those sales. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, coming now to distribute the proceeds of said sale, the Sheriff or private selling officer out of the funds in his hands pay: FIRST: The costs herein, including the sum of $1,150.00 payable to Falls Pointe Community Association, c/o Kaman & Cusimano, LLC, for the Judicial Reports filed herein, which sum is taxed as costs; SECOND: IF THE PLAINTIFF IS THE PURCHASER AND HAS ELECTED TO FORGO THE PAYMENT FROM THE SALE PROCEEDS OF CERTAIN TAXES AS PROVIDED IN R.C. §323.47(B): To the Treasurer of Cuyahoga County, Ohio, taxes, accrued taxes, assessments, and penalties on the premises Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH - 7 - hereinafter described, as shown on the County Treasurer’s tax duplicate; OTHERWISE: To the Cuyahoga County Treasurer, taxes, assessments, interest, and penalties, the lien for which attaches before the date of sale but that are not yet determined, assessed and levied for the year that includes the date of sale, apportioned pro rata to the part of that year that precedes the date of sale, and all other taxes, assessments, penalties, and interest which attached for a prior tax year but have not been paid on or before the date of sale. THIRD: The balance, if any, to the Clerk of Courts to be held pending further order In the event Plaintiff is the successful bidder at the sale, the amount of the deposits made herein by Plaintiff and the cost of the judicial reports in the sum of $1,150.00, will be deducted from the total amount of Court costs otherwise payable herein. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that additional sums for maintenance fees and assessments, etc. may accrue during the pendency of this case and that, as a result, Plaintiff may claim an additional interest in the subject premises and/or a supplemental money judgment against the Defendant, Cynthia Sainte Marie aka Cynthia Mayher, A determination of the amount of said claim or judgment is held for further order. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, upon the confirmation of sale made herein, a minute of these proceedings be entered upon the Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH - 8 - Cuyahoga County Records involved in this action to reflect that they are released as liens against the subject premises. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, after said sale has been completed, a deed will be conveyed to the purchaser and a Writ of Possession of said property be issued. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, if a successful sale occurs, the parties are ordered to file any motions for reimbursement of advances pursuant to R.C. § 5301.233 within 21 days from the sale. A party may move the court to extend this deadline for good cause shown. No party will be granted reimbursement for advances if such a motion is not filed before this deadline. Within 7 days from the filing of a motion for reimbursement, a party may file a brief in opposition. The court will then make a careful examination of the sale pursuant to the applicable statutes. If, however, this case does not involve advances or no mortgagee intends to seek advances, a party may file a notice to this effect within seven days of the sale. Where such notice is filed, no party filing such notice will be granted reimbursement for advances and the court will make a careful examination of the sale pursuant to the applicable statutes upon the return of the order of sale. A party may redeem before confirmation of the sale. Nothing in this order prevents the court from staying the confirmation of sale to permit a property owner additional time to redeem. Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH - 9 - RECORD IS HEREBY ORDERED. MAGISTRATE DAY --NOTICE-- A party shall not assign as error on appeal the court’s adoption of any factual finding or legal conclusion, whether or not specifically designated as a finding of fact or conclusion of law under Civ. R. 53(D)(3)(a)(ii), unless the party timely and specifically objects to that factual finding or legal conclusion as required by Civ. R. 53(D)(3)(b). Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH - 10 - CERTIFICATE OF SERVICE Copies of the foregoing have been sent by ordinary U.S. Mail by the Clerk of Courts to the following parties or their counsel of record: Cynthia Sainte Marie aka Cynthia Darcy Mehling Good, Esq. Mayher Jillian M. Henzler, Esq. 9178 Millstream Circle Kaman & Cusimano, LLC Olmsted Falls, OH 44138 50 Public Square, Suite 2000 Defendant Cleveland, OH 44113 Attorneys for Plaintiff Falls Pointe Single Family HOA c/o Kaman & Cusimano, LLC 50 Public Square, Suite 2000 Cleveland, OH 44113 Defendant John Mayher 9178 Millstream Circle Olmsted Falls, OH 44138 Defendant Joseph M. McCandish Esq. 30 East Broad Street, 14th Floor Columbus, OH 43215 Attorney for Defendant, State of Ohio Department of Taxation Paul M. Nalepka Esq. 3962 Red Bank Road Cincinnati, OH 45227 Attorney for Defendant, The Bank of New York Mellon fka The Bank ofNew York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006 18 Copies mailed by the Clerk of Courts on . CLERK OF COURTS Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH - 11 - EXHIBIT A LEGAL DESCRIPTION File Number: J210144 Situated in the City of Olmsted Falls, County of Cuyahoga and State of Ohio, and known as being Sublot No. 14 in Falls Pointe Phase I Subdivision of part of Original Olmsted Township Tract 3, as shown by the recorded plat in Volume 278 of Maps, Page 37 of Cuyahoga County Records, as appears by said plat, be the same more or less, but subject to all legal highways. Premises commonly known as: 9178 Millstream Circle Olmsted Falls, OH 44138 Permanent Parcel No(s) 290-04-014 End of Exhibit A Legal Description Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO FALLS POINTE COMMUNITY ) CASE NO. CV-21-944028 ASSOCIATION ) ) JUDGE STEVEN E. GALL Plaintiff ) ) MAGISTRATE CHRISTOPHER E. -vs.- ) DAY ) CYNTHIA SAINTE MARIE AKA ) ORDER ADOPTING CYNTHIA MAYHER, et al. ) MAGISTRATE’S DECISION ) [Sold Subject to Mortgage of Defendant, Defendants. ) The Bank of New York Mellon fka The ) Bank of New York, as Trustee for the ) Certificateholders of the CWABS, Inc., ) Asset-Backed Certificates, Series 2006 ) 18] This cause is before the Court on the decision of the Magistrate, the evidence admitted at the hearing, and the motions and pleadings in the Court file. Default judgment granted in favor of Plaintiff against the following Defendants: Cynthia Sainte Marie aka Cynthia Mayher, John Mayher, and Falls Pointe Single Family HOA. The Court further finds that the mortgage of Defendant, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18, is a prior lien as defined in O.R.C. Section 2329.20 and that the decree rendered herein will not affect said Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH mortgage or obligation secured thereby and that said property is to be sold subject to the mortgage of Defendant, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18. The Court adopts the Magistrate’s Decision dated granting a foreclosure on the premises. (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) PREMISES COMMONLY KNOWN AS: 9178 Millstream Circle, Olmsted Falls, OH PERMANENT PARCEL NO.: 290-04-014 The parties who have asserted an interest in the premises and Defendant, State of Ohio, Department of Taxation will be paid according to their priority. The claims of all parties who have asserted an interest in premises and whose claims are not paid in the order of distribution herein are transferred to the proceeds of sale and will be determined at a later date. Judgment in the sum of $3,277.50 (which does not include attorney fees), with interest at 8% pursuant to O.R.C. §1343.01 per annum from June 11, 2021 plus $1,042.95 in court costs and title work (which have not been otherwise paid or refunded), for a total amount of $4,320.45 as shown in the Affidavit filed by Plaintiff in support of its Motion for Default Judgment, is rendered in favor of the Plaintiff and against the Defendant, Cynthia Sainte Marie aka Cynthia Mayher. The Court finds that Defendant, State of Ohio Department of Taxation, filed an Answer. The Court makes no finding at this time as to the rights, titles, interests or liens of Defendant, State of Ohio Department of Taxation, except to note that such Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH claim, right, title, interest or lien is hereby ordered transferred to the proceeds derived from the sale of said premises, after the payment of costs of the within action, and taxes due and payable, and the same is hereby ordered continued until further order. The Court finds that Plaintiff has standing to bring this case. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that, unless the sums hereinabove found due, together with the costs of this action, be fully paid within three days of the date of the Court's adoption of the Magistrate's Decision, the equity of redemption and dower of all the defendants in and to said premises will be foreclosed, and said premises sold; and that an order of sale shall issue to the Sheriff of Cuyahoga County, directing him to appraise, advertise in a paper of general circulation within the county, and sell said premises as upon execution and according to law, free and clear of the interest of all parties to this action, excepting that of Defendant, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006 18, pursuant to the statutes in such cases made and provided. Said premises shall be advertised for sale and sold pursuant to O.R.C. Section 2329.20 and Section 2329.21, subject to Defendant, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18, 'smortgage, that said premises shall be advertised for sale and sold at a minimum value of not less than two-thirds of the difference between the value of the real estate as appraised and the amount remaining unpaid on the note and mortgage of Defendant, The Bank of New York Mellon fka The Bank of New Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18. In the event, that two-thirds of the appraised value is less than the mortgage value, the sheriff should set the minimum bid at zero, with the purchaser being responsible for costs and taxes. If the court authorizes a private selling officer to sell the real estate, then the sale must proceed in accordance with R.C. §2329.152. IT IS FURTHER ORDERED, ADJUDGED AND DECREED prior to filing a Praecipe for Order of Sale, Plaintiffs counsel must request a payoff from counsel for The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18,. Once Plaintiffs counsel sends its request, counsel for The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-18, must file an affidavit or provide similar document to the Plaintiffs counsel attesting to the amount owed on the note and mortgage within 10 days. If this is a residential property and the property remains unsold after the first auction, then a second auction shall be held and the property shall be sold to the highest bidder without regard to the minimum bid requirement in §2329.20 of the Revised Code. This auction shall be held no earlier than seven days and not later than thirty days after the first auction. If there is a bidder at the second or subsequent sales, the judgment creditor and the first lien holder have the right to redeem the property within fourteen days of the sale, by paying the purchase price to the Clerk of Court. Upon timely payment, Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH the court will proceed as described in R.C. §2329.31 with the redeeming party considered the successful purchaser at sale. In the event an Order of Sale is returned by the selling officer unexecuted, subsequent Orders of Sale shall issue in accord with appraisal instructions contained in the Praecipe for those sales. And coming now to distribute the proceeds of said sale, the Sheriff or private selling officer out of the funds in his hands pay: FIRST: The costs herein, including the sum of $1,150.00 payable to Falls Pointe Community Association, c/o Kaman & Cusimano, LLC, for the Judicial Reports filed herein, which sum is taxed as costs; SECOND: IF THE PLAINTIFF IS THE PURCHASER AND HAS ELECTED TO FORGO THE PAYMENT FROM THE SALE PROCEEDS OF CERTAIN TAXES AS PROVIDED IN R.C. §323.47(B): To the Treasurer of Cuyahoga County, Ohio, taxes, accrued taxes, assessments, and penalties on the premises hereinafter described, as shown on the County Treasurer’s tax duplicate; OTHERWISE: To the Cuyahoga County Treasurer, taxes, assessments, interest, and penalties, the lien for which attaches before the date of sale but that are not yet determined, assessed and levied for the year that includes the date of sale, apportioned pro rata to the part of that year that precedes the date of sale, and all other taxes, assessments, penalties, and interest which attached for a prior tax year but have not been paid on or before the date of sale. THIRD: The balance, if any, to the Clerk of Courts to be held pending further order Electronically Filed 06/17/202109:53 / NOTICE / CV 21 944028 / Confirmation Nbr. 2279741 / BATCH In the event Plaintiff is the successful bidder at the sale, the amount of the de