Preview
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F22-44523 DAH/as:gm December 29, 2022
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
Freedom Mortgage Corporation ) CASE NO.
10500 Kincaid Drive )
Fishers, IN 46037 ) PPN: 6714825
)
Plaintiff, ) JUDGE
)
)
) COMPLAINT FOR FORECLOSURE
)
) (Disputed Liens: JL-2012-9667 and JL-
) 2013-9099)
)
)
-vs- )
)
)
)
DeShannon M. Barker )
318 North Firestone Boulevard )
Akron, OH 44301 )
)
Also serve at: )
683 Lauby Avenue )
Akron, OH 44306; )
)
)
Calvin L. Barker )
318 North Firestone Boulevard )
Akron, OH 44301 )
)
Also serve at: )
683 Lauby Avenue )
Akron, OH 44306; )
)
)
)
)
Sandra Kurt, Summit County Clerk of Courts
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State of Ohio, Department of Taxation )
c/o Ohio Attorney General )
150 East Gay Street, 21st Floor )
Columbus, OH 43215 )
)
Also serve at: )
4485 Northland Ridge Blvd. )
Columbus, OH 43229; )
)
)
Defendants )
)
FIRST COUNT
1. Plaintiff says that it is the holder of and/or entitled to enforce the promissory note
and note loan modification agreement, copies of which are hereto attached, marked EXHIBIT “A”
and EXHIBIT “B”, respectively, and made a part hereof; that by reason of default in payment of
the said note, modification agreement and mortgage securing same, it has declared said debt due;
that there is due and unpaid thereon the sum of $130,867.82 plus interest at the rate of 2.75% per
annum from July 1, 2022. Plaintiff further says that it has complied with all conditions precedent
as set forth in the note, modification agreement, and mortgage.
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SECOND COUNT
2. Plaintiff incorporates herein by reference all of the allegations contained in its first
count, and further says that it is the holder of a certain mortgage deed, securing the payment of
said promissory note and modification agreement, a copy of which is attached hereto, marked
EXHIBIT “C”, and being Permanent Parcel #6714825, and made a part hereof; and has been
assigned to Plaintiff as evidenced by the assignment of mortgage, a copy of which is attached
hereto and marked as EXHIBIT “D”; that said mortgage is a valid and first lien upon said premises.
3. Plaintiff says that the conditions of said mortgage have been broken by reason of
default in payment, and the same has become absolute; that the Defendants named in the
Complaint, claim or may claim an interest in the premises described in EXHIBIT “C”.
4. Plaintiff says that pursuant to the covenants and conditions of said mortgage deed
it may, from time to time during the pendency of this action, advance sums to pay real estate taxes,
hazard insurance premiums and property protection and maintenance.
5. Plaintiff says that the conditions of said mortgage have been broken by reason of
default in payment, and the same has become absolute; that the Defendants named in the
Complaint, have or claim to have an interest in the premises as referenced in the attached
Preliminary Judicial Report, marked as EXHIBIT “E”. The original Preliminary Judicial Report
has been filed herewith.
WHEREFOR E Plaintiff demands judgment against the Defendant DeShannon M.
Barker in the sum of $130,867.82 plus interest at the rate of 2.75% per annum from July 1, 2022;
that the Defendants named herein be required to answer and set up any claim that they may have
in said premises or be forever barred; that the Plaintiff be found to have a valid and first lien on
said premises for this amount so owing together with its advances made pursuant to the terms of
Sandra Kurt, Summit County Clerk of Courts
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the mortgage for real estate taxes, hazard insurance premiums, and the premises be ordered
appraised, advertised, and sold according to law, and that from the proceeds the Plaintiff be paid
the amount found due it, and for such other and further relief as equity entitled it to receive.
REIMER LAW CO.
Douglas A. Haessig (0079200)
Peter L. Mehler (0075283)
P.O. Box 39696
Solon, OH 44139
Phone: (440) 600-5500 Ext. 5549
Fax: 440-600-5520
Email: dhaessig@reimerlaw.com
Sandra Kurt, Summit County Clerk of Courts
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Exhibit A
Sandra Kurt, Summit County Clerk of Courts
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Sandra Kurt, Summit County Clerk of Courts
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Sandra Kurt, Summit County Clerk of Courts
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Exhibit B
Sandra Kurt, Summit County Clerk of Courts
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Sandra Kurt, Summit County Clerk of Courts
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Exhibit C
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Sandra Kurt, Summit County Clerk of Courts
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Sandra Kurt, Summit County Clerk of Courts
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Exhibit D
Sandra Kurt, Summit County Clerk of Courts
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Sandra Kurt, Summit County Clerk of Courts
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Exhibit E Preliminary Judicial Report
ISSUED BY
FIRST AMERICAN TITLE INSURANCE COMPANY
REPORT NUMBER
Judicial Report 5007339-200096
Guaranteed Party Name: FREEDOM MORTGAGE - FORECLOSURE File No.
Guaranteed Party Address: 10500 KINCAID DRIVE Effective Date: 11/30/2022
City, State, Zip: Fishers, IN 46037
Pursuant to your request for a Preliminary Judicial Report (hereinafter “the Report”) for use in judicial proceedings, FIRST
AMERICAN TITLE INSURANCE COMPANY (hereinafter “the Company”) hereby guarantees in an amount not to exceed
$123,869.00 that it has examined the public records in Summit County, Ohio as to the land described in Schedule A, that the
record title to the land is at the date hereof vested in DeShannon M. Barker by instrument recorded in Instrument Number:
56447821 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.
Issuing Agent: Mortgage Connect, LP
Agent Account No.: 5238014
Address: 600 Clubhouse Dr
City, State, Zip: Moon Township, PA 15108
Telephone: 866-789-1814
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its
authorized officers as of Date of Policy shown in Schedule A.
This jacket was created electronically and constitutes an original document
By:
Timothy M. Joseph
Authorized Countersignature
Page 1 of 5 Preliminary Judicial Report (4-15-10)
Ohio
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CONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT
1. Definition of Terms. receives actual notice that they may be required to pay money or
(a) “Guaranteed Party”: The party or parties named herein or the other compensation for a matter covered by this Report or actual
purchaser at judicial sale. notice someone claims an interest in the Land covered by this
(b) “Guaranteed Claimant”: Guaranteed Party claiming lossor Report.
damage hereunder. 5. Extent of Liability
(c) “Land”: The land described specifically
or by reference in The liability of the Company shall in no case exceed in all the
Schedule A, and improvements affixed thereto, which by law amount stated herein and shall in all cases be limited to the actual
constitute real property; provided however the term “land” does loss, including but not limited to attorneys fees and costs of
not include any property beyond the lines of the area specificallydefense, only of the Guaranteed Claimant.
Any and all payments
described or referred toinSchedule A, nor any right,title, under this Report shall reduce the amount of this Report pro tanto
interest, estate,or easement in abutting streets, roads, and the Company’s liability shall terminate when the total amount of
avenues, lanes, ways or waterways. the Report has been paid.
(d) “Public Records”: Those records under state statute and, if a6. Options to Pay or Otherwise Settle Claims; Termination of
United States District Court resides in the county in which the Liability
Land is situated, the records of the clerk of the United States The Company in its sole discretion shall have the following options:
DistrictCourt, which impart constructivenotice of matters (a) To pay or tender to the Guaranteed Claimant the amount of
relating to real property to purchasers for value without the Report or the balance remaining thereof, less any
knowledge and which are required to be maintained in certain attorneys fees, costs or expenses paid by the Company to the
public offices in the county in which the land is situated. date of tender. If this option is exercised, all liability of the
2. Determination of Liability Company under this Report terminates includingbut not
This Report together with any Final Judicial Report or any limited to any liability
forattorneys fees, or any costs of
Supplement or Endorsement thereof, issued by the Company is the defense or prosecution of any litigation.
entire contract between the Guaranteed Party and the Company. (b) To pay or otherwise settle with other parties for or in the name
Any claim of monetary loss or damage, whether or not based on of the Guaranteed Claimant any claims guaranteed by this
negligence, and which arises out of the status of the title to the estate Report.
or interest guaranteed hereby or any action asserting such claim, (c) To continue, re-open or initiate any judicial proceeding in order
shall be restricted to this Report. to adjudicate any claim covered by this Report.
The Company
3. Liability of Company. shall have the right to select counsel of its choice (subject to
This Report is a guarantee of the record title of the Land only, as the right of the Guaranteed Claimant to object for reasonable
disclosed by an examination of the Public Records herein defined. cause) to represent the Guaranteed Claimant and will not pay
4. Notice of Claim to be given by Guaranteed Party. the fees of any other counsel.
In case knowledge shall come to the Guaranteed Party of any lien, (d) To pay or tender to the Guaranteed Claimant the difference
encumbrance, defect, or other claim of title guaranteed against and between the value of the estate or interest as guaranteed and
not excepted in thisReport, whether in a legal proceeding or the value of the estate or interest subject to the defect, lien or
otherwise, the Guaranteed Party shall notify the Company within a encumbrance guaranteed against by this Report.
reasonable time in writing and secure to the Company the right to7. Notices
oppose such proceeding or claim, or to remove said lien, All notices required to be given to the Company shall be given
encumbrance or defect at its own cost.
Any action for the payment promptly and any statements in writing required to be furnished to
of any loss under this Report must be commenced within one year the Company shall be addressed to FIRST AMERICAN TITLE
after the Guaranteed Party INSURANCE COMPANY, Attn: Claims National Intake Center, 5
First American Way, Santa Ana, California 92707. Phone 888-
632-1642 (claims.nic@firstam.com)
EXCLUSIONS FROM COVERAGE
1. The Company assumes no liability under this Report for any loss, cost
4. The Company assumes no liability under this Report for the proper
or damage resulting from any physical condition of the Land. form or execution of any pleadings or other documents to be filed in
2. The Company assumes no liability under this Report for any loss, cost any judicial proceedings.
or damage resulting from any typographical, clerical or other errors in
5. The Company assumes no liability under this Report for any loss,
the Public Records. cost, or damage resulting from the failure to complete service on any
3. The Company assumes no liability
under the Report for matters parties shown in Schedule B of the Preliminary Judicial Report and
affecting title subsequent to the date of this Report or the Final Judicial
the Final Judicial Report or any Supplemental Report issued thereto.
report or any supplement thereto.
Page 2 of 5 Preliminary Judicial Report (4-15-10)
Ohio
Sandra Kurt, Summit County Clerk of Courts
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Preliminary Judicial Report
ISSUED BY
FIRST AMERICAN TITLE INSURANCE COMPANY
REPORT NUMBER
Schedule A 5007339-200096
File No.:
DESCRIPTION OF THE LAND
The Following Described Property Situated in the City of Akron, County of Summit, and State of Ohio:
And Known as Being the Easterly 50 Feet of the Westerly 76 Feet of the Southerly 135 Feet of Sublot No. 62 in the Ardmore
Allotment as Recorded in Plat Book 33, Page 74-78 Inclusive, Summit County Records, Excepting Therefrom the Southerly
25 Feet of Said Premises for Street Purposes by the Same More or Less, but Subject to All Legal Highways.
Being the same property conveyed to DeShannon M. Barker from U.S. Bank Trust, N.A., as Trustee for LSF 10 Master
Participation Trust by Deed recorded 02/28/2019 as instrument number 56447821.
Page 3 of 5 Preliminary Judicial Report (4-15-10)
Ohio - Schedule A
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Preliminary Judicial Report
ISSUED BY
FIRST AMERICAN TITLE INSURANCE COMPANY
REPORT NUMBER
Schedule B 5007339-200096
File No.
EXCEPTIONS
1. The last recorded document purporting to transfer title to the land described herein shows the
following purported owner:
Grantor: U.S. Bank Trust, N.A., as Trustee for LSF 10 Master Participation Trust
Grantee: DeShannon M. Barker
Dated: 12/13/2018
Date Recorded: 02/28/2019
Consideration/Transfer Tax: $0.00
Instrument No: 56447821
2. A.P. No.: 6714825
Assessed Valuation:
Land: $5,580.00
Improvements: $20,930.00
Exemptions: $0.00
Total Value: $26,510.00
Tax Obligation Information:
Tax Period: 2nd Half
Tax Year: 2021
Tax Amount: $887.00
Tax Status: Paid
Exemption Information:
Homestead: No
Agricultural: No
Veteran: No
Over 65: No
Mobile Home: No
Disability: No
3. A Deed of Trust/Mortgage to secure an original indebtedness of $123,869.00, and any amounts or
obligations secured thereby:
Dated: 01/30/2019
Recorded: 02/28/2019
As Instrument No.: 56447822 Of Official Records.
Trustor: DeShannon M. Barker, a married woman
Beneficiary: MERS Inc., as nominee for Fairway Independent Mortgage Corporation
MERS MIN:
Page 4 of 5 Preliminary Judicial Report (4-15-10)
Ohio - Schedule B
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i. The beneficial interest under the Deed of Trust was assigned by MERS Inc., as nominee for
Fairway Independent Mortgage Corporation to Freedom Mortgage Corporation by Assignment
recorded 06/07/2022 as Instrument No. 56745033 of Official Records.
ii. A document recorded 06/25/2021 as Instrument No. 56652773 of Official Records provides that
the Deed of Trust or the obligation secured thereby has been modified.
4. A State Tax lien in favor of Ohio Department of Taxation, evidenced by a judgment, Recorded
08/16/2012 as instrument number JL-2012-9667 of Official Records debtor: DeShannon Barker and
Calvin Barker amount: $1,239.75.
5. A State Tax lien in favor of Ohio Department of Taxation, evidenced by a judgment, Recorded
10/03/2013 as instrument number JL-2013-9099 of Official Records debtor: DeShannon Barker and
Calvin Barker amount: $345.73.
6. Subject to easements, restrictions and other matters as set forth on Plat recorded in Plat Book 33,
Page 74-78.
7. No evidence of the filing of a Homeowner’s/Condominium Association within the scope of the search.
Page 5 of 5 Preliminary Judicial Report (4-15-10)
Ohio - Schedule B
Sandra Kurt, Summit County Clerk of Courts
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F22-44523 DAH/as:gm December 29, 2022
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
Freedom Mortgage Corporation ) CASE NO.
10500 Kincaid Drive )
Fishers, IN 46037 ) PPN: 6714825
)
Plaintiff, ) JUDGE
)
)
) COMPLAINT FOR FORECLOSURE
)
) (Disputed Liens: JL-2012-9667 and JL-
) 2013-9099)
)
)
-vs- )
)
)
)
DeShannon M. Barker )
318 North Firestone Boulevard )
Akron, OH 44301 )
)
Also serve at: )
683 Lauby Avenue )
Akron, OH 44306; )
)
)
Calvin L. Barker )
318 North Firestone Boulevard )
Akron, OH 44301 )
)
Also serve at: )
683 Lauby Avenue )
Akron, OH 44306; )
)
)
)
)
Sandra Kurt, Summit County Clerk of Courts
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State of Ohio, Department of Taxation )
c/o Ohio Attorney General )
150 East Gay Street, 21st Floor )
Columbus, OH 43215 )
)
Also serve at: )
4485 Northland Ridge Blvd. )
Columbus, OH 43229; )
)
)
Defendants )
)
FIRST COUNT
1. Plaintiff says that it is the holder of and/or entitled to enforce the promissory note
and note loan modification agreement, copies of which are hereto attached, marked EXHIBIT “A”
and EXHIBIT “B”, respectively, and made a part hereof; that by reason of default in payment of
the said note, modification agreement and mortgage securing same, it has declared said debt due;
that there is due and unpaid thereon the sum of $130,867.82 plus interest at the rate of 2.75% per
annum from July 1, 2022. Plaintiff further says that it has complied with all conditions precedent
as set forth in the note, modification agreement, and mortgage.
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SECOND COUNT
2. Plaintiff incorporates herein by reference all of the allegations contained in its first
count, and further says that it is the holder of a certain mortgage deed, securing the payment of
said promissory note and modification agreement, a copy of which is attached hereto, marked
EXHIBIT “C”, and being Permanent Parcel #6714825, and made a part hereof; and has been
assigned to Plaintiff as evidenced by the assignment of mortgage, a copy of which is attached
hereto and marked as EXHIBIT “D”; that said mortgage is a valid and first lien upon said premises.
3. Plaintiff says that the conditions of said mortgage have been broken by reason of
default in payment, and the same has become absolute; that the Defendants named in the
Complaint, claim or may claim an interest in the premises described in EXHIBIT “C”.
4. Plaintiff says that pursuant to the covenants and conditions of said mortgage deed
it may, from time to time during the pendency of this action, advance sums to pay real estate taxes,
hazard insurance premiums and property protection and maintenance.
5. Plaintiff says that the conditions of said mortgage have been broken by reason of
default in payment, and the same has become absolute; that the Defendants named in the
Complaint, have or claim to have an interest in the premises as referenced in the attached
Preliminary Judicial Report, marked as EXHIBIT “E”. The original Preliminary Judicial Report
has been filed herewith.
WHEREFOR E Plaintiff demands judgment against the Defendant DeShannon M.
Barker in the sum of $130,867.82 plus interest at the rate of 2.75% per annum from July 1, 2022;
that the Defendants named herein be required to answer and set up any claim that they may have
in said premises or be forever barred; that the Plaintiff be found to have a valid and first lien on
said premises for this amount so owing together with its advances made pursuant to the terms of
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the mortgage for real estate taxes, hazard insurance premiums, and the premises be ordered
appraised, advertised, and sold according to law, and that from the proceeds the Plaintiff be paid
the amount found due it, and for such other and further relief as equity entitled it to receive.
REIMER LAW CO.
Douglas A. Haessig (0079200)
Peter L. Mehler (0075283)
P.O. Box 39696
Solon, OH 44139
Phone: (440) 600-5500 Ext. 5549
Fax: 440-600-5520
Email: dhaessig@reimerlaw.com
Sandra Kurt, Summit County Clerk of Courts
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Exhibit A
Sandra Kurt, Summit County Clerk of Courts
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Sandra Kurt, Summit County Clerk of Courts
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Sandra Kurt, Summit County Clerk of Courts
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Exhibit B
Sandra Kurt, Summit County Clerk of Courts
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Sandra Kurt, Summit County Clerk of Courts
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Sandra Kurt, Summit County Clerk of Courts
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Exhibit C
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Sandra Kurt, Summit County Clerk of Courts
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Sandra Kurt, Summit County Clerk of Courts
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CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 65 of 86
Sandra Kurt, Summit County Clerk of Courts
CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 66 of 86
Sandra Kurt, Summit County Clerk of Courts
CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 67 of 86
Sandra Kurt, Summit County Clerk
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CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 1 of 86 F22-44523 DAH/as:gm December 29, 2022 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO Freedom Mortgage Corporation ) CASE NO. 10500 Kincaid Drive ) Fishers, IN 46037 ) PPN: 6714825 ) Plaintiff, ) JUDGE ) ) ) COMPLAINT FOR FORECLOSURE ) ) (Disputed Liens: JL-2012-9667 and JL- ) 2013-9099) ) ) -vs- ) ) ) ) DeShannon M. Barker ) 318 North Firestone Boulevard ) Akron, OH 44301 ) ) Also serve at: ) 683 Lauby Avenue ) Akron, OH 44306; ) ) ) Calvin L. Barker ) 318 North Firestone Boulevard ) Akron, OH 44301 ) ) Also serve at: ) 683 Lauby Avenue ) Akron, OH 44306; ) ) ) ) ) Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 2 of 86 State of Ohio, Department of Taxation ) c/o Ohio Attorney General ) 150 East Gay Street, 21st Floor ) Columbus, OH 43215 ) ) Also serve at: ) 4485 Northland Ridge Blvd. ) Columbus, OH 43229; ) ) ) Defendants ) ) FIRST COUNT 1. Plaintiff says that it is the holder of and/or entitled to enforce the promissory note and note loan modification agreement, copies of which are hereto attached, marked EXHIBIT “A” and EXHIBIT “B”, respectively, and made a part hereof; that by reason of default in payment of the said note, modification agreement and mortgage securing same, it has declared said debt due; that there is due and unpaid thereon the sum of $130,867.82 plus interest at the rate of 2.75% per annum from July 1, 2022. Plaintiff further says that it has complied with all conditions precedent as set forth in the note, modification agreement, and mortgage. Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 3 of 86 SECOND COUNT 2. Plaintiff incorporates herein by reference all of the allegations contained in its first count, and further says that it is the holder of a certain mortgage deed, securing the payment of said promissory note and modification agreement, a copy of which is attached hereto, marked EXHIBIT “C”, and being Permanent Parcel #6714825, and made a part hereof; and has been assigned to Plaintiff as evidenced by the assignment of mortgage, a copy of which is attached hereto and marked as EXHIBIT “D”; that said mortgage is a valid and first lien upon said premises. 3. Plaintiff says that the conditions of said mortgage have been broken by reason of default in payment, and the same has become absolute; that the Defendants named in the Complaint, claim or may claim an interest in the premises described in EXHIBIT “C”. 4. Plaintiff says that pursuant to the covenants and conditions of said mortgage deed it may, from time to time during the pendency of this action, advance sums to pay real estate taxes, hazard insurance premiums and property protection and maintenance. 5. Plaintiff says that the conditions of said mortgage have been broken by reason of default in payment, and the same has become absolute; that the Defendants named in the Complaint, have or claim to have an interest in the premises as referenced in the attached Preliminary Judicial Report, marked as EXHIBIT “E”. The original Preliminary Judicial Report has been filed herewith. WHEREFOR E Plaintiff demands judgment against the Defendant DeShannon M. Barker in the sum of $130,867.82 plus interest at the rate of 2.75% per annum from July 1, 2022; that the Defendants named herein be required to answer and set up any claim that they may have in said premises or be forever barred; that the Plaintiff be found to have a valid and first lien on said premises for this amount so owing together with its advances made pursuant to the terms of Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 4 of 86 the mortgage for real estate taxes, hazard insurance premiums, and the premises be ordered appraised, advertised, and sold according to law, and that from the proceeds the Plaintiff be paid the amount found due it, and for such other and further relief as equity entitled it to receive. REIMER LAW CO. Douglas A. Haessig (0079200) Peter L. Mehler (0075283) P.O. Box 39696 Solon, OH 44139 Phone: (440) 600-5500 Ext. 5549 Fax: 440-600-5520 Email: dhaessig@reimerlaw.com Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 5 of 86 Exhibit A Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 6 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 7 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 8 of 86 Exhibit B Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 9 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 10 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 11 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 12 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 13 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 14 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 15 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 16 of 86 Exhibit C Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 17 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 18 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 19 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 20 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 21 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 22 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 23 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 24 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 25 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 26 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 27 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 28 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 29 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 30 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 31 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 32 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 33 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 34 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 35 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 36 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 37 of 86 Exhibit D Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 38 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 39 of 86 Exhibit E Preliminary Judicial Report ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY REPORT NUMBER Judicial Report 5007339-200096 Guaranteed Party Name: FREEDOM MORTGAGE - FORECLOSURE File No. Guaranteed Party Address: 10500 KINCAID DRIVE Effective Date: 11/30/2022 City, State, Zip: Fishers, IN 46037 Pursuant to your request for a Preliminary Judicial Report (hereinafter “the Report”) for use in judicial proceedings, FIRST AMERICAN TITLE INSURANCE COMPANY (hereinafter “the Company”) hereby guarantees in an amount not to exceed $123,869.00 that it has examined the public records in Summit County, Ohio as to the land described in Schedule A, that the record title to the land is at the date hereof vested in DeShannon M. Barker by instrument recorded in Instrument Number: 56447821 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. Issuing Agent: Mortgage Connect, LP Agent Account No.: 5238014 Address: 600 Clubhouse Dr City, State, Zip: Moon Township, PA 15108 Telephone: 866-789-1814 In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. This jacket was created electronically and constitutes an original document By: Timothy M. Joseph Authorized Countersignature Page 1 of 5 Preliminary Judicial Report (4-15-10) Ohio Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 40 of 86 CONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT 1. Definition of Terms. receives actual notice that they may be required to pay money or (a) “Guaranteed Party”: The party or parties named herein or the other compensation for a matter covered by this Report or actual purchaser at judicial sale. notice someone claims an interest in the Land covered by this (b) “Guaranteed Claimant”: Guaranteed Party claiming lossor Report. damage hereunder. 5. Extent of Liability (c) “Land”: The land described specifically or by reference in The liability of the Company shall in no case exceed in all the Schedule A, and improvements affixed thereto, which by law amount stated herein and shall in all cases be limited to the actual constitute real property; provided however the term “land” does loss, including but not limited to attorneys fees and costs of not include any property beyond the lines of the area specificallydefense, only of the Guaranteed Claimant. Any and all payments described or referred toinSchedule A, nor any right,title, under this Report shall reduce the amount of this Report pro tanto interest, estate,or easement in abutting streets, roads, and the Company’s liability shall terminate when the total amount of avenues, lanes, ways or waterways. the Report has been paid. (d) “Public Records”: Those records under state statute and, if a6. Options to Pay or Otherwise Settle Claims; Termination of United States District Court resides in the county in which the Liability Land is situated, the records of the clerk of the United States The Company in its sole discretion shall have the following options: DistrictCourt, which impart constructivenotice of matters (a) To pay or tender to the Guaranteed Claimant the amount of relating to real property to purchasers for value without the Report or the balance remaining thereof, less any knowledge and which are required to be maintained in certain attorneys fees, costs or expenses paid by the Company to the public offices in the county in which the land is situated. date of tender. If this option is exercised, all liability of the 2. Determination of Liability Company under this Report terminates includingbut not This Report together with any Final Judicial Report or any limited to any liability forattorneys fees, or any costs of Supplement or Endorsement thereof, issued by the Company is the defense or prosecution of any litigation. entire contract between the Guaranteed Party and the Company. (b) To pay or otherwise settle with other parties for or in the name Any claim of monetary loss or damage, whether or not based on of the Guaranteed Claimant any claims guaranteed by this negligence, and which arises out of the status of the title to the estate Report. or interest guaranteed hereby or any action asserting such claim, (c) To continue, re-open or initiate any judicial proceeding in order shall be restricted to this Report. to adjudicate any claim covered by this Report. The Company 3. Liability of Company. shall have the right to select counsel of its choice (subject to This Report is a guarantee of the record title of the Land only, as the right of the Guaranteed Claimant to object for reasonable disclosed by an examination of the Public Records herein defined. cause) to represent the Guaranteed Claimant and will not pay 4. Notice of Claim to be given by Guaranteed Party. the fees of any other counsel. In case knowledge shall come to the Guaranteed Party of any lien, (d) To pay or tender to the Guaranteed Claimant the difference encumbrance, defect, or other claim of title guaranteed against and between the value of the estate or interest as guaranteed and not excepted in thisReport, whether in a legal proceeding or the value of the estate or interest subject to the defect, lien or otherwise, the Guaranteed Party shall notify the Company within a encumbrance guaranteed against by this Report. reasonable time in writing and secure to the Company the right to7. Notices oppose such proceeding or claim, or to remove said lien, All notices required to be given to the Company shall be given encumbrance or defect at its own cost. Any action for the payment promptly and any statements in writing required to be furnished to of any loss under this Report must be commenced within one year the Company shall be addressed to FIRST AMERICAN TITLE after the Guaranteed Party INSURANCE COMPANY, Attn: Claims National Intake Center, 5 First American Way, Santa Ana, California 92707. Phone 888- 632-1642 (claims.nic@firstam.com) EXCLUSIONS FROM COVERAGE 1. The Company assumes no liability under this Report for any loss, cost 4. The Company assumes no liability under this Report for the proper or damage resulting from any physical condition of the Land. form or execution of any pleadings or other documents to be filed in 2. The Company assumes no liability under this Report for any loss, cost any judicial proceedings. or damage resulting from any typographical, clerical or other errors in 5. The Company assumes no liability under this Report for any loss, the Public Records. cost, or damage resulting from the failure to complete service on any 3. The Company assumes no liability under the Report for matters parties shown in Schedule B of the Preliminary Judicial Report and affecting title subsequent to the date of this Report or the Final Judicial the Final Judicial Report or any Supplemental Report issued thereto. report or any supplement thereto. Page 2 of 5 Preliminary Judicial Report (4-15-10) Ohio Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 41 of 86 Preliminary Judicial Report ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY REPORT NUMBER Schedule A 5007339-200096 File No.: DESCRIPTION OF THE LAND The Following Described Property Situated in the City of Akron, County of Summit, and State of Ohio: And Known as Being the Easterly 50 Feet of the Westerly 76 Feet of the Southerly 135 Feet of Sublot No. 62 in the Ardmore Allotment as Recorded in Plat Book 33, Page 74-78 Inclusive, Summit County Records, Excepting Therefrom the Southerly 25 Feet of Said Premises for Street Purposes by the Same More or Less, but Subject to All Legal Highways. Being the same property conveyed to DeShannon M. Barker from U.S. Bank Trust, N.A., as Trustee for LSF 10 Master Participation Trust by Deed recorded 02/28/2019 as instrument number 56447821. Page 3 of 5 Preliminary Judicial Report (4-15-10) Ohio - Schedule A Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 42 of 86 Preliminary Judicial Report ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY REPORT NUMBER Schedule B 5007339-200096 File No. EXCEPTIONS 1. The last recorded document purporting to transfer title to the land described herein shows the following purported owner: Grantor: U.S. Bank Trust, N.A., as Trustee for LSF 10 Master Participation Trust Grantee: DeShannon M. Barker Dated: 12/13/2018 Date Recorded: 02/28/2019 Consideration/Transfer Tax: $0.00 Instrument No: 56447821 2. A.P. No.: 6714825 Assessed Valuation: Land: $5,580.00 Improvements: $20,930.00 Exemptions: $0.00 Total Value: $26,510.00 Tax Obligation Information: Tax Period: 2nd Half Tax Year: 2021 Tax Amount: $887.00 Tax Status: Paid Exemption Information: Homestead: No Agricultural: No Veteran: No Over 65: No Mobile Home: No Disability: No 3. A Deed of Trust/Mortgage to secure an original indebtedness of $123,869.00, and any amounts or obligations secured thereby: Dated: 01/30/2019 Recorded: 02/28/2019 As Instrument No.: 56447822 Of Official Records. Trustor: DeShannon M. Barker, a married woman Beneficiary: MERS Inc., as nominee for Fairway Independent Mortgage Corporation MERS MIN: Page 4 of 5 Preliminary Judicial Report (4-15-10) Ohio - Schedule B Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 43 of 86 i. The beneficial interest under the Deed of Trust was assigned by MERS Inc., as nominee for Fairway Independent Mortgage Corporation to Freedom Mortgage Corporation by Assignment recorded 06/07/2022 as Instrument No. 56745033 of Official Records. ii. A document recorded 06/25/2021 as Instrument No. 56652773 of Official Records provides that the Deed of Trust or the obligation secured thereby has been modified. 4. A State Tax lien in favor of Ohio Department of Taxation, evidenced by a judgment, Recorded 08/16/2012 as instrument number JL-2012-9667 of Official Records debtor: DeShannon Barker and Calvin Barker amount: $1,239.75. 5. A State Tax lien in favor of Ohio Department of Taxation, evidenced by a judgment, Recorded 10/03/2013 as instrument number JL-2013-9099 of Official Records debtor: DeShannon Barker and Calvin Barker amount: $345.73. 6. Subject to easements, restrictions and other matters as set forth on Plat recorded in Plat Book 33, Page 74-78. 7. No evidence of the filing of a Homeowner’s/Condominium Association within the scope of the search. Page 5 of 5 Preliminary Judicial Report (4-15-10) Ohio - Schedule B Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 44 of 86 F22-44523 DAH/as:gm December 29, 2022 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO Freedom Mortgage Corporation ) CASE NO. 10500 Kincaid Drive ) Fishers, IN 46037 ) PPN: 6714825 ) Plaintiff, ) JUDGE ) ) ) COMPLAINT FOR FORECLOSURE ) ) (Disputed Liens: JL-2012-9667 and JL- ) 2013-9099) ) ) -vs- ) ) ) ) DeShannon M. Barker ) 318 North Firestone Boulevard ) Akron, OH 44301 ) ) Also serve at: ) 683 Lauby Avenue ) Akron, OH 44306; ) ) ) Calvin L. Barker ) 318 North Firestone Boulevard ) Akron, OH 44301 ) ) Also serve at: ) 683 Lauby Avenue ) Akron, OH 44306; ) ) ) ) ) Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 45 of 86 State of Ohio, Department of Taxation ) c/o Ohio Attorney General ) 150 East Gay Street, 21st Floor ) Columbus, OH 43215 ) ) Also serve at: ) 4485 Northland Ridge Blvd. ) Columbus, OH 43229; ) ) ) Defendants ) ) FIRST COUNT 1. Plaintiff says that it is the holder of and/or entitled to enforce the promissory note and note loan modification agreement, copies of which are hereto attached, marked EXHIBIT “A” and EXHIBIT “B”, respectively, and made a part hereof; that by reason of default in payment of the said note, modification agreement and mortgage securing same, it has declared said debt due; that there is due and unpaid thereon the sum of $130,867.82 plus interest at the rate of 2.75% per annum from July 1, 2022. Plaintiff further says that it has complied with all conditions precedent as set forth in the note, modification agreement, and mortgage. Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 46 of 86 SECOND COUNT 2. Plaintiff incorporates herein by reference all of the allegations contained in its first count, and further says that it is the holder of a certain mortgage deed, securing the payment of said promissory note and modification agreement, a copy of which is attached hereto, marked EXHIBIT “C”, and being Permanent Parcel #6714825, and made a part hereof; and has been assigned to Plaintiff as evidenced by the assignment of mortgage, a copy of which is attached hereto and marked as EXHIBIT “D”; that said mortgage is a valid and first lien upon said premises. 3. Plaintiff says that the conditions of said mortgage have been broken by reason of default in payment, and the same has become absolute; that the Defendants named in the Complaint, claim or may claim an interest in the premises described in EXHIBIT “C”. 4. Plaintiff says that pursuant to the covenants and conditions of said mortgage deed it may, from time to time during the pendency of this action, advance sums to pay real estate taxes, hazard insurance premiums and property protection and maintenance. 5. Plaintiff says that the conditions of said mortgage have been broken by reason of default in payment, and the same has become absolute; that the Defendants named in the Complaint, have or claim to have an interest in the premises as referenced in the attached Preliminary Judicial Report, marked as EXHIBIT “E”. The original Preliminary Judicial Report has been filed herewith. WHEREFOR E Plaintiff demands judgment against the Defendant DeShannon M. Barker in the sum of $130,867.82 plus interest at the rate of 2.75% per annum from July 1, 2022; that the Defendants named herein be required to answer and set up any claim that they may have in said premises or be forever barred; that the Plaintiff be found to have a valid and first lien on said premises for this amount so owing together with its advances made pursuant to the terms of Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 47 of 86 the mortgage for real estate taxes, hazard insurance premiums, and the premises be ordered appraised, advertised, and sold according to law, and that from the proceeds the Plaintiff be paid the amount found due it, and for such other and further relief as equity entitled it to receive. REIMER LAW CO. Douglas A. Haessig (0079200) Peter L. Mehler (0075283) P.O. Box 39696 Solon, OH 44139 Phone: (440) 600-5500 Ext. 5549 Fax: 440-600-5520 Email: dhaessig@reimerlaw.com Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 48 of 86 Exhibit A Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 49 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 50 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 51 of 86 Exhibit B Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 52 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 53 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 54 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 55 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 56 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 57 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 58 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 59 of 86 Exhibit C Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 60 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 61 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 62 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 63 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 64 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 65 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 66 of 86 Sandra Kurt, Summit County Clerk of Courts CV-2022-12-4384 CROCE, CHRISTINE 12/30/2022 13:03:59 PM FORC Page 67 of 86 Sandra Kurt, Summit County Clerk