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IN THE DARKE COUNTY, OHIO COURT OF COMMO?D PLE,
CIVIL DEVISION JAKAK a TEAS COURT
OUNTY, OHIG
2023 APR 10. AH 7:46
NewRez LLC dba Shellpoint Mortgage
Servicing, CINDY PIKE
CASE NO. 23CV00044 CLERK
Plaintiff,
JUDGE TRAVIS L. FLIEHMAN
Vv.
Brian A. Drake, et al.
Defendants.
JUDGMENT DECREE IN FORECLOSURE
1 This matter to be heard upon the Motion of Plaintiff, NewRez LLC d/b/a Shellpoint
Mortgage Servicing LLC (“Plaintiff”), for Default Judgment in its favor against Defendants Brian
A. Drake and Kimberly Drake.
2. The Court finds that Defendants Brian A. Drake and Kimberly Drake. have been duly
served with Summons and the Complaint and that said Defendants have not filed an Answer and
that said Defendants are in default for want of Answer or other pleading to said Complaint.
3 The Court finds that there is due to Plaintiff on the Note the sum of $90,945.83, with
interest thereon of 2.75% per annum from July 1, 2022, plus late charges and advances and all
costs and expenses incurred for the enforcement of the Note and Mortgage, except to the extent
the payment is prohibited by Ohio law until the date of the Sheriff’s Sale of the premises, together
with any amounts expended by Plaintiff for the preservation of the property as set forth in its
Complaint and that said Note is in default. The Court finds that Plaintiff was the real party in
interest. when it filed its Complaint and has maintained the requisite standing at all times material
to this action.
vo. S54 enee27G
4. The Court further finds that in order to secure the payment of the aforesaid Note, the
Defendants Brian A. Drake and Kimberly Drake executed and delivered to Plaintiff the Mortgage
Deed, as described in Plaintiff's Complaint on the premises therein described; that the Mortgage
Deed is dated May 12, 2021, filed for record on May 19, 2021 and of record in Instrument Number
202100003694, Volume 548, Page 673-688, Recorder’s Office, Darke County, OH, showing an
original principal amount of $93,180.00, and that the conditions of said Mortgage have been
broken, and that it is a valid and first lien upon the premises, inferior only to the lien of the
Treasurer of this County for taxes.
5 IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff recover judgment
against Defendant Brian A. Drake in the amount of $90,945.83, with interest thereon of 2.75% per
annum from July 1, 2022 , plus late charges and advances and all costs and expenses incurred for
the enforcement of the Note and Mortgage, except to the extent the payment is prohibited by Ohio
law until the date of the Sheriff's Sale of the premises, together with any amounts expended by
Plaintiff for the preservation of the property as set forth in their Complaint.
6 IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff has a valid and
subsisting lien on the subject premises, superior to all liens, claims and interests, except the
Treasurer of this County for taxes, until the date of the Sheriff's Sale of the premises in the amount
of $90,945.83, with interest thereon of 2.75% per annum from July 1, 2022 , plus late charges and
advances and all costs and expenses incurred for the enforcement of the Note and Mortgage, except
to the extent the payment is prohibited by Ohio law until the date of the Sheriffs Sale of the
premises, together with any amounts expended by Plaintiff for the preservation of the property as
set forth in their Complaint.
“vor BBA eagle’74
7 IT IS FORTHER ORDERED, ADJUDGED AND DECREED that there is due to the
Treasurer of Darke County, Ohio, taxes not yet due and payable in the amount as yet determined.
Said taxes and the cost of this action are lien on the subject premises prior to the lien of Plaintiff.
Said premises are tobe sold subject to the lien of real estate taxes not yet due and payable and not
yet determined.
8 IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that unless the
Defendants Brian A. Drake and Kimberly Drake within three (3) days after the entry of this decree,
pay or cause to be paid to the Clerk of this Court, the costs of this action, and to Plaintiff, the sums
so found due them: that the Defendant’s equity of redemption be foreclosed, except only the right
of redemption accorded to the United States of America, if a party hereto, pursuant to U.S.C.
§2410(c), and according to law said premises be sold, free of the interests of all parties herein; that
an Order of Sale be forthwith issued to the Sheriff of this County, directing him to appraise,
advertise, and sell said premises according to law and the Orders of the Court and subject to the
lien of real estate taxes not yet due and payable and report the proceedings to this Court. If the
Court authorizes a private selling officer to sell the real estate, then the sale must proceed in
accordance with R.C. §2392.152. Otherwise, the property is to be sold by the Sheriff, and he is to
report his proceeding to the Court.
9 If this is a residential property and the property remains unsold after the first auction, then
a second auction shall be held and the property shall be sold to the highest bidder without regard
to the minimum bid requirement in §2329.20 of the Revised Code. This auction shall be held no
earlier than seven days and not later than thirty days after the first auction.
10. If there is a bidder at the second or subsequent sales, the judgment creditor and the first
lien holder have the right to redeem the property within fourteen days of the sale, by paying the
vot B84 onace'72
purchase price to the Clerk of Courts. Upon timely payment, the Court will proceed as described
in R.C. §2329.31 with the redeeming party considered the successful purchaser at sale.
11. In the event an Order of Sale is returned by the selling officer unexecuted, subsequent
Orders of Sale shall issue in accord with appraisal instructions contained in the Praecipe for those
sales.
12. IT IS FURTHER ORDERED that any and all claims, liens or interests acquired on or
after January 31, 2023, are barred by lis pendens pursuant to R.C. §2703.26.
13. IT IS FURTHER ORDERED that the Sheriff shall send counsel for the party requesting
the Order of Sale a copy of the publication notice promptly upon its first publication.
14. IT IS FURTHER ORDERED that the Sheriff, upon confirmation of said sale, shall pay
from the proceeds of said sale, upon the claims herein found, the amounts thereof in the following
order of priority:
1 To the Clerk of this Court, the costs of this action, includirig the fees of
appraisers.
IF THE PLAINTIFF IS THE PURCHASER AND HAS ELECTED TO
FORGO THE PAYMENT FROM THE SALE PROCEEDS OF
CERTAIN TAXES AS PROVIDED IN R.C. §323.47(A):
To the Treasurer of Darke County, Ohio, taxes, accrued taxes, assessments,
and penalties on the premises hereinafter described, as shown on the County
Treasurer’s tax duplicate;
‘va 884 ec2'73
OTHERWISE:
To the Darke County Treasurer, taxes, assessments, interest, and penalties,
the lien for which attaches before the date of sale but that are not yet
determined, assessed and levied for the year that includes the date of sale,
apportioned pro rata to the part of that year that precedes the date of sale,
and all other taxes, assessments, penalties, and interest which attached for a
prior tax year but have not been paid on or before the date of sale.
To the Plaintiff, the sum of $90,945.83, with interest thereon of 2.75% per
annum from July 1, 2022, together with advance for taxes, insurance and
otherwise expended, plus late charges and advances and all costs and
expenses incurred for the enforcement of the Note and mortgage, except to
the extent the payment is prohibited by Ohio law.
Ifthe Sheriff sells the property, the balance, if any, to be held by the Sheriff
pending further order. If a private selling officer sells the property, the
balance, if any, to the Clerk of Courts to be held pending further order.
PURSUANT TO CIVIL RULE 58(B), THE CLERK IS HEREBY DIRECTED TO
SERVE UPON ALL PARTIES NOT IN DEFAULT FOR FAILURE TO APPEAR NOTICE
OF THIS JUDGMENT AND ITS DATE OF ENTRY UPON THE JOURNAL.
IT IS SO ORDERED.
FINAL APPEALABLE ORDER SS)
Judge TRAVIS L. FLIEHMAN
Approved by:
V
David J. Defttyrs (0055423)
Cooke Demers, LLC
260 Market Street, Suite F
New Albany, OH 43054
614-939-0930
614-939-0987 facsimile
di demers@cdgattorneys.com
Attorney for Plaintiff
eo
“vo. B84 mnge2'74
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i + IN THE DARKE COUNTY, OHIO COURT OF COMMO?D PLE, CIVIL DEVISION JAKAK a TEAS COURT OUNTY, OHIG 2023 APR 10. AH 7:46 NewRez LLC dba Shellpoint Mortgage Servicing, CINDY PIKE CASE NO. 23CV00044 CLERK Plaintiff, JUDGE TRAVIS L. FLIEHMAN Vv. Brian A. Drake, et al. Defendants. JUDGMENT DECREE IN FORECLOSURE 1 This matter to be heard upon the Motion of Plaintiff, NewRez LLC d/b/a Shellpoint Mortgage Servicing LLC (“Plaintiff”), for Default Judgment in its favor against Defendants Brian A. Drake and Kimberly Drake. 2. The Court finds that Defendants Brian A. Drake and Kimberly Drake. have been duly served with Summons and the Complaint and that said Defendants have not filed an Answer and that said Defendants are in default for want of Answer or other pleading to said Complaint. 3 The Court finds that there is due to Plaintiff on the Note the sum of $90,945.83, with interest thereon of 2.75% per annum from July 1, 2022, plus late charges and advances and all costs and expenses incurred for the enforcement of the Note and Mortgage, except to the extent the payment is prohibited by Ohio law until the date of the Sheriff’s Sale of the premises, together with any amounts expended by Plaintiff for the preservation of the property as set forth in its Complaint and that said Note is in default. The Court finds that Plaintiff was the real party in interest. when it filed its Complaint and has maintained the requisite standing at all times material to this action. vo. S54 enee27G 4. The Court further finds that in order to secure the payment of the aforesaid Note, the Defendants Brian A. Drake and Kimberly Drake executed and delivered to Plaintiff the Mortgage Deed, as described in Plaintiff's Complaint on the premises therein described; that the Mortgage Deed is dated May 12, 2021, filed for record on May 19, 2021 and of record in Instrument Number 202100003694, Volume 548, Page 673-688, Recorder’s Office, Darke County, OH, showing an original principal amount of $93,180.00, and that the conditions of said Mortgage have been broken, and that it is a valid and first lien upon the premises, inferior only to the lien of the Treasurer of this County for taxes. 5 IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff recover judgment against Defendant Brian A. Drake in the amount of $90,945.83, with interest thereon of 2.75% per annum from July 1, 2022 , plus late charges and advances and all costs and expenses incurred for the enforcement of the Note and Mortgage, except to the extent the payment is prohibited by Ohio law until the date of the Sheriff's Sale of the premises, together with any amounts expended by Plaintiff for the preservation of the property as set forth in their Complaint. 6 IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff has a valid and subsisting lien on the subject premises, superior to all liens, claims and interests, except the Treasurer of this County for taxes, until the date of the Sheriff's Sale of the premises in the amount of $90,945.83, with interest thereon of 2.75% per annum from July 1, 2022 , plus late charges and advances and all costs and expenses incurred for the enforcement of the Note and Mortgage, except to the extent the payment is prohibited by Ohio law until the date of the Sheriffs Sale of the premises, together with any amounts expended by Plaintiff for the preservation of the property as set forth in their Complaint. “vor BBA eagle’74 7 IT IS FORTHER ORDERED, ADJUDGED AND DECREED that there is due to the Treasurer of Darke County, Ohio, taxes not yet due and payable in the amount as yet determined. Said taxes and the cost of this action are lien on the subject premises prior to the lien of Plaintiff. Said premises are tobe sold subject to the lien of real estate taxes not yet due and payable and not yet determined. 8 IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that unless the Defendants Brian A. Drake and Kimberly Drake within three (3) days after the entry of this decree, pay or cause to be paid to the Clerk of this Court, the costs of this action, and to Plaintiff, the sums so found due them: that the Defendant’s equity of redemption be foreclosed, except only the right of redemption accorded to the United States of America, if a party hereto, pursuant to U.S.C. §2410(c), and according to law said premises be sold, free of the interests of all parties herein; that an Order of Sale be forthwith issued to the Sheriff of this County, directing him to appraise, advertise, and sell said premises according to law and the Orders of the Court and subject to the lien of real estate taxes not yet due and payable and report the proceedings to this Court. If the Court authorizes a private selling officer to sell the real estate, then the sale must proceed in accordance with R.C. §2392.152. Otherwise, the property is to be sold by the Sheriff, and he is to report his proceeding to the Court. 9 If this is a residential property and the property remains unsold after the first auction, then a second auction shall be held and the property shall be sold to the highest bidder without regard to the minimum bid requirement in §2329.20 of the Revised Code. This auction shall be held no earlier than seven days and not later than thirty days after the first auction. 10. If there is a bidder at the second or subsequent sales, the judgment creditor and the first lien holder have the right to redeem the property within fourteen days of the sale, by paying the vot B84 onace'72 purchase price to the Clerk of Courts. Upon timely payment, the Court will proceed as described in R.C. §2329.31 with the redeeming party considered the successful purchaser at sale. 11. In the event an Order of Sale is returned by the selling officer unexecuted, subsequent Orders of Sale shall issue in accord with appraisal instructions contained in the Praecipe for those sales. 12. IT IS FURTHER ORDERED that any and all claims, liens or interests acquired on or after January 31, 2023, are barred by lis pendens pursuant to R.C. §2703.26. 13. IT IS FURTHER ORDERED that the Sheriff shall send counsel for the party requesting the Order of Sale a copy of the publication notice promptly upon its first publication. 14. IT IS FURTHER ORDERED that the Sheriff, upon confirmation of said sale, shall pay from the proceeds of said sale, upon the claims herein found, the amounts thereof in the following order of priority: 1 To the Clerk of this Court, the costs of this action, includirig the fees of appraisers. IF THE PLAINTIFF IS THE PURCHASER AND HAS ELECTED TO FORGO THE PAYMENT FROM THE SALE PROCEEDS OF CERTAIN TAXES AS PROVIDED IN R.C. §323.47(A): To the Treasurer of Darke County, Ohio, taxes, accrued taxes, assessments, and penalties on the premises hereinafter described, as shown on the County Treasurer’s tax duplicate; ‘va 884 ec2'73 OTHERWISE: To the Darke County Treasurer, taxes, assessments, interest, and penalties, the lien for which attaches before the date of sale but that are not yet determined, assessed and levied for the year that includes the date of sale, apportioned pro rata to the part of that year that precedes the date of sale, and all other taxes, assessments, penalties, and interest which attached for a prior tax year but have not been paid on or before the date of sale. To the Plaintiff, the sum of $90,945.83, with interest thereon of 2.75% per annum from July 1, 2022, together with advance for taxes, insurance and otherwise expended, plus late charges and advances and all costs and expenses incurred for the enforcement of the Note and mortgage, except to the extent the payment is prohibited by Ohio law. Ifthe Sheriff sells the property, the balance, if any, to be held by the Sheriff pending further order. If a private selling officer sells the property, the balance, if any, to the Clerk of Courts to be held pending further order. PURSUANT TO CIVIL RULE 58(B), THE CLERK IS HEREBY DIRECTED TO SERVE UPON ALL PARTIES NOT IN DEFAULT FOR FAILURE TO APPEAR NOTICE OF THIS JUDGMENT AND ITS DATE OF ENTRY UPON THE JOURNAL. IT IS SO ORDERED. FINAL APPEALABLE ORDER SS) Judge TRAVIS L. FLIEHMAN Approved by: V David J. Defttyrs (0055423) Cooke Demers, LLC 260 Market Street, Suite F New Albany, OH 43054 614-939-0930 614-939-0987 facsimile di demers@cdgattorneys.com Attorney for Plaintiff eo “vo. B84 mnge2'74