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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
New Case Electronically Filed: COMPLAINT W PRELIMINARY JUDICIAL REPORT
December 28,2022 10:12
By: TERRENCE JONES 0039003
Confirmation Nbr. 2735295
TREASURER OF CUYAHOGA COUNTY, OHIO CV 22 973101
vs.
Judge: EMILY HAGAN
COMELBUILDING, LLC
Pages Filed: 15
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IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
TREASURER OF CASE NO. CV
CUYAHOGA COUNTY, OHIO
c/o Courthouse Square Permanent Parcel No. 115-31-038
310 W. Lakeside Ave., Ste. 300
Cleveland, Ohio 44113 Year Certified: 2019
Plaintiff
COMPLAINT FOR COLLECTION OF
DELINQUENT TAXES, ASSESSMENTS
-vs- PENALTIES AND INTEREST,
FORECLOSURE AND EQUITABLE
RELIEF
COMELBUILDING, LLC
c/o Northwest Registered Agent Svc., Inc.
Registered Agent
6545 Market Ave., North, Ste. 100
Canton, OH 44721
Defendant(s).
1. Now comes the Plaintiff, County Treasurer of Cuyahoga County, Ohio, and for his cause
of action against the defendant(s), states accordingly:
A. That a Delinquent Land Certificate (Exhibit “A”), was created and signed by the
Office of the Fiscal Officer and delivered to the Prosecuting Attorney of Cuyahoga
County, Ohio;
B. That the amount of money, Six Hundred Sixty-Five and 52/100 Dollars, ($665.52), a
charge on the Cuyahoga County Tax Duplicate for taxes, assessments, penalties and
interest, originating from said Delinquent Land Certificate appearing to be due and
unpaid, is due and unpaid, and is a good and valid first lien against the property
described in the Preliminary Judicial Report (Exhibit "B"), which, together with the
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Delinquent Land Certificate are hereby incorporated and made a part of this
Complaint; Plaintiff further states that there is and will also be due and payable and
thereby a good and valid first lien, all taxes, assessments, penalties and interest
accruing subsequent to the Date Certified, as it appears on the Delinquent Land
Certificate, and prior to the date of the entry of Confirmation of Sale; that there is
also due the sum of Four Hundred Twenty-Five and 00/100 Dollars ($425.00), to be
taxed as costs for a Preliminary Judicial Report, and that there is and will also be
due the costs incurred in this proceeding, and that FULL PAYMENT OF ALL
AMOUNTS DUE as described in this paragraph is necessary to redeem this parcel
and remove it from further foreclosure proceedings.
C. That said taxes, assessments, penalties and interest originating from said Delinquent
Land Certificate as certified by the Office of the Fiscal Officer have not been paid
for at least one year after certification as delinquent, that all statutory conditions
precedent to the institution of this proceeding have been met, and that, if the matter
proceeds to final hearing and/or trial, and that the Delinquent Land Certificate shall
be prima facie evidence of the amount and validity of the taxes, assessments,
charges, penalties and interest certified as delinquent.
D. That this action in foreclosure proceedings is commenced under provisions of Section
323.25 and/or Section 5721.18(A) of the Ohio Revised Code for the reason that the
provisions for notice under Section 5721.18(B) do not provide adequate notice as to
all who may be parties of record in the county where the land is located, and who
may have a right, title, or interest in or lien upon such property, the location ofwhich
parties may be reasonably ascertainable.
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2. Plaintiff further says that the following named defendants to wit:
COMELBUILDING, LLC
have or claim to have some interest in or lien upon said premises, but Plaintiff not being fully
advised as to the extent, if any, of such liens or claims, states that the same, if any, are inferior and
subsequent to the lien of the Plaintiff and prays that said defendants be required to set up their liens
or claims or be forever barred from asserting same against the within described premises.
WHEREFORE, Plaintiff demands that the amount of money appearing to be due and
unpaid for taxes, assessments, penalties and interest, as appears on the Delinquent Land Certificate
and, that the amount of money payable for taxes, assessments, penalties and interest, subsequent
to the Date Certified, as it appears on the Delinquent Land Certificate, and prior to the date of the
entry of Confirmation of Sale, be found to be due, unpaid and payable, and a good and valid first
lien against the herein described property; that such lien against said property be foreclosed; that
the Court make such order for the payment of costs incurred in this proceeding as is deemed proper,
together with Four Hundred Twenty-Five and 00/100 Dollars ($425.00) for the Preliminary
Judicial Report; that unless the amount found due the Plaintiff together with costs of this
proceeding be tendered to the County Treasurer 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; that
any person owning or claiming any right, title or interest in or lien upon any parcel set forth in this
complaint be required to answer, setting up their interest, if any, on said property or be forever
barred from asserting same; that the Court order said property to be sold according to law; that an
Order of Sale be issued to the Sheriff directing him to advertise and sell said property at public
sale in the manner provided by law; that thereafter a report of such sale be made by the Sheriff to
the Court for further proceedings under law; and for such other and further relief, as in law or
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equity, that this Plaintiff may be entitled.
Respectfully submitted,
MICHAEL C. O’MALLEY (0059592)
Prosecuting Attorney of Cuyahoga County, Ohio
BY: Terrence Jones (0039003)
Assistant Prosecuting Attorney - Tax Foreclosure
Courthouse Square
310 W. Lakeside Ave., Ste. 300
Cleveland, Ohio 44113
(216) 443-7797
tjones@prosecutor.cuyahogacounty.us
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3/1/2021 DELINQUENT LAND CERTIFICATE
YEAR 2021 Cuyahoga COUNTY, OHIO
CERT NO. 2199
0740CLEVELAND, OHIO PARCEL NO. 115-31-038
TO THE COUNTY PROSECUTOR,
I HEREBY CERTIFY THAT THE TAXES, ASSESSMENTS, AND PENALTIES UPON THE TRACT OF LAND,
CITY OR TOWN LOT CERTIFIED DELINQUENT FOR THE NON-PAYMENT OF TAXES, SITUATED IN THE
TAXING DISTRICT OF 0740CLEVELAND, ENTERED ON THE CURRENT TAX LIST IN THE NAME OF
COMELBUILDING LLC WHOSE TAX MAILING NAME/ADDRESS IS:
COMELBUILDING LLC 988 NATHANIEL RD CLEVELAND, OH 44110
AND SAID REAL PROPERTY IS DESCRIBED AS FOLLOWS, TO WIT:
DESCRIPTION: 42 STCLCO 0040 ALL
FRONT FT: 38.00 STREET: 988 NATHANIEL RD FEET DEEP: 105.00 ACRES: 0.09
HAVE NOT BEEN PAID FOR A PERIOD OF ONE YEAR AND SAID TRACT OF LAND, CITY OR TOWN LOT IS
NOW CERTIFIED DELINQUENT AND PLACED ON THE LIST OF DELINQUENT LANDS, AND THAT TAXES,
ASSESSMENTS, AND PENALTIES AMOUNT TO $665.52.
Philip Tomko
Fiscal Officer
9,100 LAND VALUE
32,300 BUILDING VALUE
DEPUTY
41,400 TOTAL VALUE
1,280.78 CURRENT YEAR DELQ TAX
64.04 FIRST HALF PENALTY
0.00 SECOND HALF PENALTY
13.05 INTEREST
652.47 PRIOR YEAR DELQ TAX
0.00 PRIOR YEAR DELQ SPECIAL ASSESSMENTS
DATE CERTIFIED: 2019 PROSECUTOR:
DATE ADVERTISED: 2020 REV. CODE SEC. 5721.13
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Exhibit "A"
PRELIMINARY JUDICIAL REPORT
File No.: 2022-229PJR PJR No.: PJR80794850
Guaranteed Party Name and Address:
To: Cuyahoga County Treasurer
310 W. Lakeside Ave
Cleveland, OH 44113
Pursuant to your request for a Preliminary Judicial Report (hereinafter "the Report") for use in judicial
proceedings, Old Republic National Title Insurance (hereinafter "the Company") hereby guarantees in an amount
not to exceed $3,743.03 that it has examined the public records in Cuyahoga County, Ohio as to the land
described inSchedule A, that the record title to the land is at the date hereof vested in the name Comelbuilding,
LLC., by deed filed May 8, 2020 and recorded in Instrument No. 202005080212, of the Cuyahoga County,
Ohio Records and free from all encumbrances, liens or defects of record, except as shown in Schedule B.
This is a guarantee of the record title only and is made for the use and benefit of the Guaranteed Party and
the purchaser at judicial sale thereunder and is subject to the Exclusions from Coverage, the Exceptions
contained in Schedule B and the Conditions and Stipulations contained herein.
This Report shall not be valid or binding until it has been signed by either an authorized agent or representative
of the Company and Schedules A and B have been attached hereto.
Effective Date: November 22, 2022 at 12:00 AM
Issued By:
Erie Title Barristers Group
Authorized Officer or Agent
OLD REPUBLIC NATIONAL TITLE INSURANCE
Preliminary Judicial Report File No.:2022-229PJR
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Filed 12/28/2022 10:12 / / CV 22 973101 / Confirmation
Exhibit BNbr. 2735295 / CLJSZ
File No.: 2022-229PJR PJR No.: PJR80794850
PRELIMINARY JUDICIAL REPORT
SCHEDULE A
Description of Land
See Exhibit A
OLD REPUBLIC NATIONAL TITLE INSURANCE
Preliminary Judicial Report File No.:2022-229PJR
Schedule A
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File No.: 2022-229PJR PJR No.: PJR80794850
PRELIMINARY JUDICIAL REPORT
SCHEDULE B
The matters shown below are exceptions to this Preliminary Judicial Report and the Company assumes no liability
arising therefrom.
1. This company has made no examination of the premises described herein for covenants, restrictions,
declarations, reservations, limitations, conditions, agreements, easements, rights of way, leases, and oil
and gas rights of record, if any.
2. The Cuyahoga County general real estate records show that taxes for PPN 115-31-038 for the years2019
through the second half of 2021 are a lien and are delinquent in the amount of $3,743.03. This amount
includes penalties and interest. Taxes for the first half of 2022 and subsequent years are a lien but are
not yet due and payable.
OLD REPUBLIC NATIONAL TITLE INSURANCE
Preliminary Judicial Report File No.:2022-229PJR
Schedule B
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File No.: 2022-229PJR PJR No.: PJR80794850
CONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT
1. Definition of Terms 6. Options to Pay or Otherwise Settle Claims;
"Guaranteed Party": The party or parties named herein or the Termination of Liability
purchaser at judicial sale. The Company in its sole discretion shall have the following
"Guaranteed Claimant": Guaranteed Party claiming loss or options:
damage hereunder. a) To pay or tender to the Guaranteed Claimant the amount of
"Land": The land described specifically or by reference in the Report or the balance remaining thereof, less any
Schedule A, and improvements affixed thereto, which by law attorneys' fees, costs or expenses paid by the Company to
constitute real property;provided however the term "land" does the date of tender.If this option is exercised, all liability of the
Company under this Report terminates including but not
not include any property beyond the lines of the area specifically
described or referred to in Schedule A, nor any right, title, limited to any for
liability attorneys' fees, or any costs of
interest,estate,or easement in abutting streets, roads, avenues, defense or prosecution of any litigation.
lanes, ways or waterways. b) To pay or otherwise settlewith other parties for or in the
name of the Guaranteed Claimant any claims guaranteed by
"Public Records": Those records under state statute and, if a
this Report.
United States DistrictCourt resides in the county in which the
c) To continue, re-open or initiateany judicial proceeding in
Land is situated,the records of the clerk of the United States order to adjudicate any claim covered by this Report. The
District Court, which impart constructive notice of matters relating Company shall have the right toselect counsel of itschoice
to real property to purchasers for value without knowledge and (subject to the right of the Guaranteed Claimant to object for
which are required to be maintained in certain public offices in the
reasonable cause) to represent the Guaranteed Claimant and
county in which the land is situated.
will not pay the fees of any other counsel.
d) To pay or tender to the Guaranteed Claimant the difference
2. Determination of Liability
This Report together with any Final Judicial Report or any between the value of the estate or interest as guaranteed and
Supplement or Endorsement thereof, issued by the Company is the value of the estate or interest subject to the defect,lien,
the entire contract between the Guaranteed Party and the or encumbrance guaranteed against by this Report.
Company. 7. Notices
Any claim of monetary loss or damage, whether or not based on All notices required to be given to the Company shallbe given
negligence, and which arises out of the status of the title to the promptly and any statements in writing required to be furnished to
estate or interest guaranteed hereby or any action asserting such the Company shall be addressed to Old Republic National Title
claim, shall be restricted to this Report. Insurance, 40o Second Avenue South, Minneapolis, MN 55401.
3. Liability of Company EXCLUSIONS FROM COVERAGE
This Report is a guarantee of the record title of the Land only,
as
1 The Company assumes no Report for any
liability under this
disclosed by an examination of the Public Records herein loss, cost or damage resulting from any physical condition of
defined.
the Land.
4. Notice of Claim to be given to Guaranteed Claimant 2. The Company assumes no liability under this
Report for any
In case knowledge shallcome to the Guaranteed Party of any loss, cost or damage resulting from any typographical,
lien, encumbrance, defect, or other claim of titleguaranteed clerical or other errors in the Public Records.
against and not excepted in this Report, whether in a legal 3. The Company assumes no liability
under the Report for
proceeding or otherwise, the Guaranteed Party shall notifythe matters affecting title subsequent to the date of this Report or
Company within a reasonable time in writingand secure to the the Final Judicial Report or any supplement thereto.
Company the right to oppose such proceeding or claim, or to
remove said lien,encumbrance or defect at its own cost. Any 4. The Company assumes no liability under this
Report for the
action for the payment of any loss under this Report must be proper form or execution of any pleadings or other
commenced within one year after the Guaranteed Party receives documents to be filed in any judicial proceedings.
actual notice that they may be required to pay money or other 5. The Company assumes no liability under this
Report for any
compensation for a matter covered by this Report or actual notice loss, cost or damage resulting from the failure to complete
someone claims an interest in the Land covered by this Report. service on any parties shown in Schedule B of the
Preliminary Judicial Report and the FinalJudicial Report or
5. Extent of Liability any Supplemental Report issued thereto.
The of the
liability Company shall in no case exceed inall the
amount stated herein and shall in allcases be limitedto the
actual loss, includingbut not limited to attorneys' fees and costs
of defense, only of the Guaranteed Party. Any and allpayments
under this Report shall reduce the amount of this Report pro
tanto and the Company's shall
liability terminate when the total
amount of the Report has been paid.
OLD REPUBLIC NATIONAL TITLE INSURANCE
PrelfmfWO12/28/2022 10:12 / / CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ File No.:2022-229PJR
Conditions and Stipulations
The above-referenced Preliminary Judicial Report is amended as follows:
1. Definition of Terms is amended as follows:
"Guaranteed Party": All parties to the proceedings and the purchaser at judicial sale.
5. Extent of Liability is amended to read as follows:
The liability of the Company to any Guaranteed Claimant or Guaranteed Party shall in no case exceed in the
aggregate the amount stated herein; however, expenditures for litigation costs and attorney's fees incurred in
contesting a claim or reopening, continuing or initiatinga judicial proceeding, shall not reduce the amount
recoverable herein.
6. Options to Pay or Otherwise Settle Claims; Termination of Liability, subparagraphs (a) and (d) are amended to
read as follows:
a. To pay or tender to the Guaranteed Claimant the amount guaranteed under the Report or the balance
remaining thereof. If this option is exercised, all liability of the Company under this Report terminates.
d. To pay or tender to the Guaranteed Claimant the difference between the value of the estate or interest as
guaranteed and the value of the estate or interest subject to the non-monetary defect or non-monetary
encumbrance guaranteed against by this Report
This endorsement is made a part of the preliminary judicial report referred to above, and except as modified
herein, is subject to the terms and provisions thereof.
Date: November 22, 2022
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EXHIBIT A
PERMANENT PARCEL NO. 115-31-038
Situated in the City of Cleveland, County of Cuyahoga, State of Ohio: And known as being
Sublot No. 40 in the St. Clair Land Company's Subdivision of part of Original Euclid Township
Lots Nos. 42 and 43, Tract 10, as shown by the recorded plat in Volume 31 of Maps, Page 23 of
Cuyahoga County Records, and being 38 feet front on the Southwesterly side of Nathaniel Road,
N.E., formerly Baldwin Street and extending back of equal width 105 feet, as appears by said
plat, be the same more or less, but subject to all legal highways.
Property Address: 988 Nathaniel Road, Cleveland, OH 44110
This Legal Description Complies with
The Cuyahoga Transfer and
Conveyance Standards and is approved
for transfer.
DEC 03
Agsnt
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CUYAHOGA COUNTY
OFFICE OF FISCAL OFFICER - 2
CUYAHOGA COUNTY FISCAL OFFICER DEED 5/8/2020 1:26:12 PM
l15-31.038 5/8/2020 1:
K-05082020-12 202005080212
COMELBUILDING LLC Tax Dist.3100
Warranty Deed LUC: 5200 EX:
Sale Amt: $ 83,000.00 LAND: 9,100
Conv. Fee: $ 332.00 BLDG: 32,300
Chicago Title Insurance C TOTAL: 41,400
972350
>’<9 7 2 ■yc
WARRANTY DEED
Know all Men by these Presents: EASY CLEVELAND LLC, an Ohio Limited Liability
Company, (the “Grantor”), for the sum of Ten Dollars ($10.00), and other good and valuable
consideration, does hereby give, grant, bargain, sell and convey, with general warranty covenants
unto COMELBUILDING LLC, an Ohio Limited Liability Company, (the “Grantee”), whose tax
mailing address is 988 Nathaniel Road, Cleveland, OH 44110, all such rights and title of the
Grantor in and to the following real property:
Situated in the City of Cleveland, County of Cuyahoga and State of Ohio:
And known as being Sublot No. 40 in The St. Clair Land Company's Subdivision of part
of Original Euclid Township Lots Nos. 42 and 43, Tract 10, as shown by the recorded plat
in Volume 31 of Maps, Page 23 of Cuyahoga County Records, and being 38 feet front on
the Southwesterly side of Nathaniel Road, N. E., formerly Baldwin Street and extending
back of equal width 105 feet, as appears by said plat, be the same more or less, but subject
to all legal highways. .
Chicago Title
988 Nathaniel Road
Cleveland, Ohio 44110 Order # _____
JVOrder#3-01^9-
Permanent Parcel Number 115-31-038
(Property Address: 988 Nathaniel Road, Cleveland, OH 44110)
(Permanent Parcel No.: 115-31-038)
(Prior Instrument Reference: AFN 202002070253)
' Subject, however, to all legal highways, exceptions, reservations and conditions of record
or otherwise contained herein.
To have and to hold the above granted and bargained premises, with the appurtenances
thereof, unto the Grantee, its successors and assigns forever; and the Grantor does for itself and its
successors and assigns, covenant with the Grantee, that Grantor is well seized of the above
described real property, as a good and indefeasible estate in fee simple, and have good right to
bargain and sell the same in manner and form as above written.
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In Witness Whereof, MARC MACHICOTE, CHIEF EXECUTIVE MEMBER OF EASY
CLEVELAND LLC, has hereunto set his hand, this day of, 2020.
EASY CLE
BY: MARQMACHICOTE
ITS: CHIEF EXECUTIVE MEMBER
STATE OF OHIO )
)SS
) OUNTY
This is an acknowledgment clause; no oath or affirmation was administered to the signer.
Before me a notary public in and for said County and State personally appeared the above-named
MARC MACHICOTE. CHIEF EXECUTIVE MEMBER OF EASY CLEVELAND LLC, who
acknowledged that he did sign the foregoing instrument and that the same is his free act and deed.
IN WITNESS, WHEREOF, I have hereunto set my hand and official seal
Ohio this ,^-H^ day of ,
Notary Public f /
ission expires Sfre ps.
My co
This Instrument Was Prepared by: Lisa A. Schwitzgebel
Jack W. Morrison, Jr., Esq.
AMER CUNNINGHAM CO., LPA Notary Public - Ohio
One Cascade Plaza, Suite 1510
Akron, Ohio 44308 My Commission Expires
(330)762-2411
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Primary Owner COMELBUILDING LLC
Property Address 988 Nathaniel RD Cleveland,OH 44110
Tax Mailing Address COMELBUILDING LLC 6545 MARKET AVE 100 NORTH CANTON, OH 44721
Legal Description 42 STCLCO 0040 ALL
Property Class TWO FAMILY DWELLING
Parcel Number 115-31-038
Taxset Cleveland
Tax Year 2021
Assessed Values Market Values Flags
Land Value $3,640 Land Value $10,400 Owner Occupancy Credit N
Building Value $12,880 Building Value $36,800 Homestead Reduction N
Total Value $16,520 Total Value $47,200 Foreclosure Y
Homestead Value $ Cert. Pending N
Cert. Sold N
Half Year Charge Amounts Rates Payment Plan N
Gross Tax $1,059.18 Full Rate 128.23
Less 920 Reduction $372.04 920 Reduction Rate .351253
Sub Total $687.14 Effective Rate 83.188885 Escrow
10% Reduction Amount $56.39 Escrow N
Owner Occupancy Credit $.00 Payment Amount $.00
Homestead Reduction Amount $.00
Total Assessments $.00
Half Year Net Taxes $630.75
Charges Payments Balance Due
Tax Balance Summary $3,743.03 $.00 $3,743.03
12021 (pay in 2022) Charge and Payment Detail
Taxset Charge Type Charges Payments Balance Due
Cleveland
Prior year penalty - 2020 $198.52 $.00 $198.52
Prior year penalty - 2019 $59.32 $.00 $59.32
Prioryear August interest - 2021 $53.24 $.00 $53.24
Prior year interest - 2020 $13.05 $.00 $13.05
Prior year tax - 2020 $1,280.78 $.00 $1,280.78
December interest - 2021 $87.92 $.00 $87.92
Prior year tax - 2019 $593.15 $.00 $593.15
DELQ BALANCE $2,285.98 $.00 $2,285.98
1st half tax $630.75 $.00 $630.75
1st half penalty $63.08 $.00 $63.08
1ST HALF BALANCE $693.83 $.00 $693.83
2nd half tax $630.75 $.00 $630.75
2nd half penalty $132.47 $.00 $132.47
2ND HALF BALANCE $763.22 $.00 $763.22
Charges Payments Balance Due
Total Balance $3,743.03 $.00 $3,743.03
Disclaimer Information included on this report is believed to be accurate but is not guaranteed. Cuyahoga County is not liable for errors or omissions. Cuyahoga County provides this geographic data and related analytical results as a free public service
on an "as is" basis. Cuyahoga County makes no guarantee(s) or warranties) as to the accuracy, completeness, or timeliness of the information contained herein, and said information is not intended to, nor does it, constitute an official public record of
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6000 Parkland Blvd
Mayfield Heights, OH 44124
Phone 216-986-7600
Fax 216-986-7680
Invoice
December 8, 2022
Prosecutors Office
Court House Square
310 West Lakeside, Suite 300
Cleveland, Ohio 44113
Attn: Sandra Smith
Permanent Parcel Number: 115-31-038
Order Number: 2022-229PJR
Owner: Comelbuilding LLC
Preliminary Judicial Report: $425.00
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Preview
NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas New Case Electronically Filed: COMPLAINT W PRELIMINARY JUDICIAL REPORT December 28,2022 10:12 By: TERRENCE JONES 0039003 Confirmation Nbr. 2735295 TREASURER OF CUYAHOGA COUNTY, OHIO CV 22 973101 vs. Judge: EMILY HAGAN COMELBUILDING, LLC Pages Filed: 15 Electronically Filed 12/28/2022 10:12 // CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO TREASURER OF CASE NO. CV CUYAHOGA COUNTY, OHIO c/o Courthouse Square Permanent Parcel No. 115-31-038 310 W. Lakeside Ave., Ste. 300 Cleveland, Ohio 44113 Year Certified: 2019 Plaintiff COMPLAINT FOR COLLECTION OF DELINQUENT TAXES, ASSESSMENTS -vs- PENALTIES AND INTEREST, FORECLOSURE AND EQUITABLE RELIEF COMELBUILDING, LLC c/o Northwest Registered Agent Svc., Inc. Registered Agent 6545 Market Ave., North, Ste. 100 Canton, OH 44721 Defendant(s). 1. Now comes the Plaintiff, County Treasurer of Cuyahoga County, Ohio, and for his cause of action against the defendant(s), states accordingly: A. That a Delinquent Land Certificate (Exhibit “A”), was created and signed by the Office of the Fiscal Officer and delivered to the Prosecuting Attorney of Cuyahoga County, Ohio; B. That the amount of money, Six Hundred Sixty-Five and 52/100 Dollars, ($665.52), a charge on the Cuyahoga County Tax Duplicate for taxes, assessments, penalties and interest, originating from said Delinquent Land Certificate appearing to be due and unpaid, is due and unpaid, and is a good and valid first lien against the property described in the Preliminary Judicial Report (Exhibit "B"), which, together with the Electronically Filed 12/28/2022 10:12 // CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ Delinquent Land Certificate are hereby incorporated and made a part of this Complaint; Plaintiff further states that there is and will also be due and payable and thereby a good and valid first lien, all taxes, assessments, penalties and interest accruing subsequent to the Date Certified, as it appears on the Delinquent Land Certificate, and prior to the date of the entry of Confirmation of Sale; that there is also due the sum of Four Hundred Twenty-Five and 00/100 Dollars ($425.00), to be taxed as costs for a Preliminary Judicial Report, and that there is and will also be due the costs incurred in this proceeding, and that FULL PAYMENT OF ALL AMOUNTS DUE as described in this paragraph is necessary to redeem this parcel and remove it from further foreclosure proceedings. C. That said taxes, assessments, penalties and interest originating from said Delinquent Land Certificate as certified by the Office of the Fiscal Officer have not been paid for at least one year after certification as delinquent, that all statutory conditions precedent to the institution of this proceeding have been met, and that, if the matter proceeds to final hearing and/or trial, and that the Delinquent Land Certificate shall be prima facie evidence of the amount and validity of the taxes, assessments, charges, penalties and interest certified as delinquent. D. That this action in foreclosure proceedings is commenced under provisions of Section 323.25 and/or Section 5721.18(A) of the Ohio Revised Code for the reason that the provisions for notice under Section 5721.18(B) do not provide adequate notice as to all who may be parties of record in the county where the land is located, and who may have a right, title, or interest in or lien upon such property, the location ofwhich parties may be reasonably ascertainable. Electronically Filed 12/28/2022 10:12 // CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ 2. Plaintiff further says that the following named defendants to wit: COMELBUILDING, LLC have or claim to have some interest in or lien upon said premises, but Plaintiff not being fully advised as to the extent, if any, of such liens or claims, states that the same, if any, are inferior and subsequent to the lien of the Plaintiff and prays that said defendants be required to set up their liens or claims or be forever barred from asserting same against the within described premises. WHEREFORE, Plaintiff demands that the amount of money appearing to be due and unpaid for taxes, assessments, penalties and interest, as appears on the Delinquent Land Certificate and, that the amount of money payable for taxes, assessments, penalties and interest, subsequent to the Date Certified, as it appears on the Delinquent Land Certificate, and prior to the date of the entry of Confirmation of Sale, be found to be due, unpaid and payable, and a good and valid first lien against the herein described property; that such lien against said property be foreclosed; that the Court make such order for the payment of costs incurred in this proceeding as is deemed proper, together with Four Hundred Twenty-Five and 00/100 Dollars ($425.00) for the Preliminary Judicial Report; that unless the amount found due the Plaintiff together with costs of this proceeding be tendered to the County Treasurer 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; that any person owning or claiming any right, title or interest in or lien upon any parcel set forth in this complaint be required to answer, setting up their interest, if any, on said property or be forever barred from asserting same; that the Court order said property to be sold according to law; that an Order of Sale be issued to the Sheriff directing him to advertise and sell said property at public sale in the manner provided by law; that thereafter a report of such sale be made by the Sheriff to the Court for further proceedings under law; and for such other and further relief, as in law or Electronically Filed 12/28/2022 10:12 // CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ equity, that this Plaintiff may be entitled. Respectfully submitted, MICHAEL C. O’MALLEY (0059592) Prosecuting Attorney of Cuyahoga County, Ohio BY: Terrence Jones (0039003) Assistant Prosecuting Attorney - Tax Foreclosure Courthouse Square 310 W. Lakeside Ave., Ste. 300 Cleveland, Ohio 44113 (216) 443-7797 tjones@prosecutor.cuyahogacounty.us Electronically Filed 12/28/2022 10:12 // CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ 3/1/2021 DELINQUENT LAND CERTIFICATE YEAR 2021 Cuyahoga COUNTY, OHIO CERT NO. 2199 0740CLEVELAND, OHIO PARCEL NO. 115-31-038 TO THE COUNTY PROSECUTOR, I HEREBY CERTIFY THAT THE TAXES, ASSESSMENTS, AND PENALTIES UPON THE TRACT OF LAND, CITY OR TOWN LOT CERTIFIED DELINQUENT FOR THE NON-PAYMENT OF TAXES, SITUATED IN THE TAXING DISTRICT OF 0740CLEVELAND, ENTERED ON THE CURRENT TAX LIST IN THE NAME OF COMELBUILDING LLC WHOSE TAX MAILING NAME/ADDRESS IS: COMELBUILDING LLC 988 NATHANIEL RD CLEVELAND, OH 44110 AND SAID REAL PROPERTY IS DESCRIBED AS FOLLOWS, TO WIT: DESCRIPTION: 42 STCLCO 0040 ALL FRONT FT: 38.00 STREET: 988 NATHANIEL RD FEET DEEP: 105.00 ACRES: 0.09 HAVE NOT BEEN PAID FOR A PERIOD OF ONE YEAR AND SAID TRACT OF LAND, CITY OR TOWN LOT IS NOW CERTIFIED DELINQUENT AND PLACED ON THE LIST OF DELINQUENT LANDS, AND THAT TAXES, ASSESSMENTS, AND PENALTIES AMOUNT TO $665.52. Philip Tomko Fiscal Officer 9,100 LAND VALUE 32,300 BUILDING VALUE DEPUTY 41,400 TOTAL VALUE 1,280.78 CURRENT YEAR DELQ TAX 64.04 FIRST HALF PENALTY 0.00 SECOND HALF PENALTY 13.05 INTEREST 652.47 PRIOR YEAR DELQ TAX 0.00 PRIOR YEAR DELQ SPECIAL ASSESSMENTS DATE CERTIFIED: 2019 PROSECUTOR: DATE ADVERTISED: 2020 REV. CODE SEC. 5721.13 Electronically Filed 12/28/2022 10:12 // CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ Exhibit "A" PRELIMINARY JUDICIAL REPORT File No.: 2022-229PJR PJR No.: PJR80794850 Guaranteed Party Name and Address: To: Cuyahoga County Treasurer 310 W. Lakeside Ave Cleveland, OH 44113 Pursuant to your request for a Preliminary Judicial Report (hereinafter "the Report") for use in judicial proceedings, Old Republic National Title Insurance (hereinafter "the Company") hereby guarantees in an amount not to exceed $3,743.03 that it has examined the public records in Cuyahoga County, Ohio as to the land described inSchedule A, that the record title to the land is at the date hereof vested in the name Comelbuilding, LLC., by deed filed May 8, 2020 and recorded in Instrument No. 202005080212, of the Cuyahoga County, Ohio Records and free from all encumbrances, liens or defects of record, except as shown in Schedule B. This is a guarantee of the record title only and is made for the use and benefit of the Guaranteed Party and the purchaser at judicial sale thereunder and is subject to the Exclusions from Coverage, the Exceptions contained in Schedule B and the Conditions and Stipulations contained herein. This Report shall not be valid or binding until it has been signed by either an authorized agent or representative of the Company and Schedules A and B have been attached hereto. Effective Date: November 22, 2022 at 12:00 AM Issued By: Erie Title Barristers Group Authorized Officer or Agent OLD REPUBLIC NATIONAL TITLE INSURANCE Preliminary Judicial Report File No.:2022-229PJR Electronicallyy Filed 12/28/2022 10:12 / / CV 22 973101 / Confirmation Exhibit BNbr. 2735295 / CLJSZ File No.: 2022-229PJR PJR No.: PJR80794850 PRELIMINARY JUDICIAL REPORT SCHEDULE A Description of Land See Exhibit A OLD REPUBLIC NATIONAL TITLE INSURANCE Preliminary Judicial Report File No.:2022-229PJR Schedule A Electronically Filed 12/28/2022 10:12 // CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ File No.: 2022-229PJR PJR No.: PJR80794850 PRELIMINARY JUDICIAL REPORT SCHEDULE B The matters shown below are exceptions to this Preliminary Judicial Report and the Company assumes no liability arising therefrom. 1. This company has made no examination of the premises described herein for covenants, restrictions, declarations, reservations, limitations, conditions, agreements, easements, rights of way, leases, and oil and gas rights of record, if any. 2. The Cuyahoga County general real estate records show that taxes for PPN 115-31-038 for the years2019 through the second half of 2021 are a lien and are delinquent in the amount of $3,743.03. This amount includes penalties and interest. Taxes for the first half of 2022 and subsequent years are a lien but are not yet due and payable. OLD REPUBLIC NATIONAL TITLE INSURANCE Preliminary Judicial Report File No.:2022-229PJR Schedule B Electronically Filed 12/28/2022 10:12 // CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ File No.: 2022-229PJR PJR No.: PJR80794850 CONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT 1. Definition of Terms 6. Options to Pay or Otherwise Settle Claims; "Guaranteed Party": The party or parties named herein or the Termination of Liability purchaser at judicial sale. The Company in its sole discretion shall have the following "Guaranteed Claimant": Guaranteed Party claiming loss or options: damage hereunder. a) To pay or tender to the Guaranteed Claimant the amount of "Land": The land described specifically or by reference in the Report or the balance remaining thereof, less any Schedule A, and improvements affixed thereto, which by law attorneys' fees, costs or expenses paid by the Company to constitute real property;provided however the term "land" does the date of tender.If this option is exercised, all liability of the Company under this Report terminates including but not not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, limited to any for liability attorneys' fees, or any costs of interest,estate,or easement in abutting streets, roads, avenues, defense or prosecution of any litigation. lanes, ways or waterways. b) To pay or otherwise settlewith other parties for or in the name of the Guaranteed Claimant any claims guaranteed by "Public Records": Those records under state statute and, if a this Report. United States DistrictCourt resides in the county in which the c) To continue, re-open or initiateany judicial proceeding in Land is situated,the records of the clerk of the United States order to adjudicate any claim covered by this Report. The District Court, which impart constructive notice of matters relating Company shall have the right toselect counsel of itschoice to real property to purchasers for value without knowledge and (subject to the right of the Guaranteed Claimant to object for which are required to be maintained in certain public offices in the reasonable cause) to represent the Guaranteed Claimant and county in which the land is situated. will not pay the fees of any other counsel. d) To pay or tender to the Guaranteed Claimant the difference 2. Determination of Liability This Report together with any Final Judicial Report or any between the value of the estate or interest as guaranteed and Supplement or Endorsement thereof, issued by the Company is the value of the estate or interest subject to the defect,lien, the entire contract between the Guaranteed Party and the or encumbrance guaranteed against by this Report. Company. 7. Notices Any claim of monetary loss or damage, whether or not based on All notices required to be given to the Company shallbe given negligence, and which arises out of the status of the title to the promptly and any statements in writing required to be furnished to estate or interest guaranteed hereby or any action asserting such the Company shall be addressed to Old Republic National Title claim, shall be restricted to this Report. Insurance, 40o Second Avenue South, Minneapolis, MN 55401. 3. Liability of Company EXCLUSIONS FROM COVERAGE This Report is a guarantee of the record title of the Land only, as 1 The Company assumes no Report for any liability under this disclosed by an examination of the Public Records herein loss, cost or damage resulting from any physical condition of defined. the Land. 4. Notice of Claim to be given to Guaranteed Claimant 2. The Company assumes no liability under this Report for any In case knowledge shallcome to the Guaranteed Party of any loss, cost or damage resulting from any typographical, lien, encumbrance, defect, or other claim of titleguaranteed clerical or other errors in the Public Records. against and not excepted in this Report, whether in a legal 3. The Company assumes no liability under the Report for proceeding or otherwise, the Guaranteed Party shall notifythe matters affecting title subsequent to the date of this Report or Company within a reasonable time in writingand secure to the the Final Judicial Report or any supplement thereto. Company the right to oppose such proceeding or claim, or to remove said lien,encumbrance or defect at its own cost. Any 4. The Company assumes no liability under this Report for the action for the payment of any loss under this Report must be proper form or execution of any pleadings or other commenced within one year after the Guaranteed Party receives documents to be filed in any judicial proceedings. actual notice that they may be required to pay money or other 5. The Company assumes no liability under this Report for any compensation for a matter covered by this Report or actual notice loss, cost or damage resulting from the failure to complete someone claims an interest in the Land covered by this Report. service on any parties shown in Schedule B of the Preliminary Judicial Report and the FinalJudicial Report or 5. Extent of Liability any Supplemental Report issued thereto. The of the liability Company shall in no case exceed inall the amount stated herein and shall in allcases be limitedto the actual loss, includingbut not limited to attorneys' fees and costs of defense, only of the Guaranteed Party. Any and allpayments under this Report shall reduce the amount of this Report pro tanto and the Company's shall liability terminate when the total amount of the Report has been paid. OLD REPUBLIC NATIONAL TITLE INSURANCE PrelfmfWO12/28/2022 10:12 / / CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ File No.:2022-229PJR Conditions and Stipulations The above-referenced Preliminary Judicial Report is amended as follows: 1. Definition of Terms is amended as follows: "Guaranteed Party": All parties to the proceedings and the purchaser at judicial sale. 5. Extent of Liability is amended to read as follows: The liability of the Company to any Guaranteed Claimant or Guaranteed Party shall in no case exceed in the aggregate the amount stated herein; however, expenditures for litigation costs and attorney's fees incurred in contesting a claim or reopening, continuing or initiatinga judicial proceeding, shall not reduce the amount recoverable herein. 6. Options to Pay or Otherwise Settle Claims; Termination of Liability, subparagraphs (a) and (d) are amended to read as follows: a. To pay or tender to the Guaranteed Claimant the amount guaranteed under the Report or the balance remaining thereof. If this option is exercised, all liability of the Company under this Report terminates. d. To pay or tender to the Guaranteed Claimant the difference between the value of the estate or interest as guaranteed and the value of the estate or interest subject to the non-monetary defect or non-monetary encumbrance guaranteed against by this Report This endorsement is made a part of the preliminary judicial report referred to above, and except as modified herein, is subject to the terms and provisions thereof. Date: November 22, 2022 Electronically Filed 12/28/2022 10:12 // CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ EXHIBIT A PERMANENT PARCEL NO. 115-31-038 Situated in the City of Cleveland, County of Cuyahoga, State of Ohio: And known as being Sublot No. 40 in the St. Clair Land Company's Subdivision of part of Original Euclid Township Lots Nos. 42 and 43, Tract 10, as shown by the recorded plat in Volume 31 of Maps, Page 23 of Cuyahoga County Records, and being 38 feet front on the Southwesterly side of Nathaniel Road, N.E., formerly Baldwin Street and extending back of equal width 105 feet, as appears by said plat, be the same more or less, but subject to all legal highways. Property Address: 988 Nathaniel Road, Cleveland, OH 44110 This Legal Description Complies with The Cuyahoga Transfer and Conveyance Standards and is approved for transfer. DEC 03 Agsnt Electronically Filed 12/28/2022 10:12 // CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ CUYAHOGA COUNTY OFFICE OF FISCAL OFFICER - 2 CUYAHOGA COUNTY FISCAL OFFICER DEED 5/8/2020 1:26:12 PM l15-31.038 5/8/2020 1: K-05082020-12 202005080212 COMELBUILDING LLC Tax Dist.3100 Warranty Deed LUC: 5200 EX: Sale Amt: $ 83,000.00 LAND: 9,100 Conv. Fee: $ 332.00 BLDG: 32,300 Chicago Title Insurance C TOTAL: 41,400 972350 >’<9 7 2 ■yc WARRANTY DEED Know all Men by these Presents: EASY CLEVELAND LLC, an Ohio Limited Liability Company, (the “Grantor”), for the sum of Ten Dollars ($10.00), and other good and valuable consideration, does hereby give, grant, bargain, sell and convey, with general warranty covenants unto COMELBUILDING LLC, an Ohio Limited Liability Company, (the “Grantee”), whose tax mailing address is 988 Nathaniel Road, Cleveland, OH 44110, all such rights and title of the Grantor in and to the following real property: Situated in the City of Cleveland, County of Cuyahoga and State of Ohio: And known as being Sublot No. 40 in The St. Clair Land Company's Subdivision of part of Original Euclid Township Lots Nos. 42 and 43, Tract 10, as shown by the recorded plat in Volume 31 of Maps, Page 23 of Cuyahoga County Records, and being 38 feet front on the Southwesterly side of Nathaniel Road, N. E., formerly Baldwin Street and extending back of equal width 105 feet, as appears by said plat, be the same more or less, but subject to all legal highways. . Chicago Title 988 Nathaniel Road Cleveland, Ohio 44110 Order # _____ JVOrder#3-01^9- Permanent Parcel Number 115-31-038 (Property Address: 988 Nathaniel Road, Cleveland, OH 44110) (Permanent Parcel No.: 115-31-038) (Prior Instrument Reference: AFN 202002070253) ' Subject, however, to all legal highways, exceptions, reservations and conditions of record or otherwise contained herein. To have and to hold the above granted and bargained premises, with the appurtenances thereof, unto the Grantee, its successors and assigns forever; and the Grantor does for itself and its successors and assigns, covenant with the Grantee, that Grantor is well seized of the above described real property, as a good and indefeasible estate in fee simple, and have good right to bargain and sell the same in manner and form as above written. Electronically Filed 12/28/2022 10:12 // CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ In Witness Whereof, MARC MACHICOTE, CHIEF EXECUTIVE MEMBER OF EASY CLEVELAND LLC, has hereunto set his hand, this day of, 2020. EASY CLE BY: MARQMACHICOTE ITS: CHIEF EXECUTIVE MEMBER STATE OF OHIO ) )SS ) OUNTY This is an acknowledgment clause; no oath or affirmation was administered to the signer. Before me a notary public in and for said County and State personally appeared the above-named MARC MACHICOTE. CHIEF EXECUTIVE MEMBER OF EASY CLEVELAND LLC, who acknowledged that he did sign the foregoing instrument and that the same is his free act and deed. IN WITNESS, WHEREOF, I have hereunto set my hand and official seal Ohio this ,^-H^ day of , Notary Public f / ission expires Sfre ps. My co This Instrument Was Prepared by: Lisa A. Schwitzgebel Jack W. Morrison, Jr., Esq. AMER CUNNINGHAM CO., LPA Notary Public - Ohio One Cascade Plaza, Suite 1510 Akron, Ohio 44308 My Commission Expires (330)762-2411 Electronically Filed 12/28/2022 10:12 // CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ Primary Owner COMELBUILDING LLC Property Address 988 Nathaniel RD Cleveland,OH 44110 Tax Mailing Address COMELBUILDING LLC 6545 MARKET AVE 100 NORTH CANTON, OH 44721 Legal Description 42 STCLCO 0040 ALL Property Class TWO FAMILY DWELLING Parcel Number 115-31-038 Taxset Cleveland Tax Year 2021 Assessed Values Market Values Flags Land Value $3,640 Land Value $10,400 Owner Occupancy Credit N Building Value $12,880 Building Value $36,800 Homestead Reduction N Total Value $16,520 Total Value $47,200 Foreclosure Y Homestead Value $ Cert. Pending N Cert. Sold N Half Year Charge Amounts Rates Payment Plan N Gross Tax $1,059.18 Full Rate 128.23 Less 920 Reduction $372.04 920 Reduction Rate .351253 Sub Total $687.14 Effective Rate 83.188885 Escrow 10% Reduction Amount $56.39 Escrow N Owner Occupancy Credit $.00 Payment Amount $.00 Homestead Reduction Amount $.00 Total Assessments $.00 Half Year Net Taxes $630.75 Charges Payments Balance Due Tax Balance Summary $3,743.03 $.00 $3,743.03 12021 (pay in 2022) Charge and Payment Detail Taxset Charge Type Charges Payments Balance Due Cleveland Prior year penalty - 2020 $198.52 $.00 $198.52 Prior year penalty - 2019 $59.32 $.00 $59.32 Prioryear August interest - 2021 $53.24 $.00 $53.24 Prior year interest - 2020 $13.05 $.00 $13.05 Prior year tax - 2020 $1,280.78 $.00 $1,280.78 December interest - 2021 $87.92 $.00 $87.92 Prior year tax - 2019 $593.15 $.00 $593.15 DELQ BALANCE $2,285.98 $.00 $2,285.98 1st half tax $630.75 $.00 $630.75 1st half penalty $63.08 $.00 $63.08 1ST HALF BALANCE $693.83 $.00 $693.83 2nd half tax $630.75 $.00 $630.75 2nd half penalty $132.47 $.00 $132.47 2ND HALF BALANCE $763.22 $.00 $763.22 Charges Payments Balance Due Total Balance $3,743.03 $.00 $3,743.03 Disclaimer Information included on this report is believed to be accurate but is not guaranteed. Cuyahoga County is not liable for errors or omissions. Cuyahoga County provides this geographic data and related analytical results as a free public service on an "as is" basis. Cuyahoga County makes no guarantee(s) or warranties) as to the accuracy, completeness, or timeliness of the information contained herein, and said information is not intended to, nor does it, constitute an official public record of Cuyahoga County. While much of the data contained herein is compiled from public records, the official records of the public office or agency from which they were compiled remains the official record of any such public office or agency. By accessing, viewing or using any part of the site, you expressly acknowledge you have read, agree to and consent to be bound by all of the terms and conditions listed on this site. Routine maintenance is performed on Fridays and disruptions may occur. IVe apologize for any inconvenience. Electronically Filed 12/28/2022 10:12 // CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ 6000 Parkland Blvd Mayfield Heights, OH 44124 Phone 216-986-7600 Fax 216-986-7680 Invoice December 8, 2022 Prosecutors Office Court House Square 310 West Lakeside, Suite 300 Cleveland, Ohio 44113 Attn: Sandra Smith Permanent Parcel Number: 115-31-038 Order Number: 2022-229PJR Owner: Comelbuilding LLC Preliminary Judicial Report: $425.00 Electronically Filed 12/28/2022 10:12 // CV 22 973101 / Confirmation Nbr. 2735295 / CLJSZ