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Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260
OH688 - NB
KDW#383050
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
TLOA of Ohio, LLC, Case No. 19 CV 002260
Plaintiff, Judge Julie Lynch
VS. JUDGMENT ENTRY AND DECREE OF
FORECLOSURE
Maplewood Properties Inc., et al. (Tax Certificate Foreclosure)
Defendants. PPN: 530-172008-00
This cause came to be heard and was submitted to the Court upon: the Complaint of
Plaintiff; Plaintiff s Motion for Default Judgment including Award of Attorney Fees; and the
evidence.
The Court finds that all necessary parties have been served with summons according to
law and are properly before the Court; that Defendant: Maplewood Properties Inc., is in default
of Answer or any other response to the Complaint and have by reason thereof confessed to the
allegations of the Complaint to be true, and that said Defendants are forever barred from
asserting any right, title, claim or interest in or to the premises described herein.
The Court finds that there may be due to the Treasurer of Franklin County, Ohio, taxes,
accrued taxes, assessments, penalties and interest on the premises hereinafter described, as
shown on the County Treasurer’s tax duplicate, the exact amount being unascertainable at the
present time, but which amount will be determined at the time of the sheriff’s sale of said
premises for which amount the Franklin County Treasurer has a good and valid lien.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260
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The Court finds that certain Tax Certificates (more specifically identified below) have
been duly purchased by the Plaintiff and that the Plaintiff is the “certificate holder” as the term is
defined in ORC Sec. 5721.30 (C). The Court further finds that the “certificate redemption price”
as defined at ORC Sec. 5721.30 (F) appearing to be due on each certificate is due and unpaid,
and that by virtue of ORC sec. 5721.35 (A) the first lien previously held by the state and its
taxing districts under ORC Sec. 5721.10 is vested in the Plaintiff. The Court finds that the
Plaintiff is entitled to foreclosure of its lien interests. (See, ORC 5721.37 (F).)
CERTIFICATES
The Court finds that the Plaintiff is the holder of three (3) Certificates
(1) The Court finds that there is due to the Plaintiff on Tax Certificate Number 530-
172008-00-P 1-0045-16 the sum of the following
The “certificate redemption price” which equals the certificate purchase price of Six
Thousand Three Hundred Fifty One Dollars and Sixteen Cents ($6,351.16), plus interest
at 14% per year from October 24, 2016. The Certificate was filed with the County
Recorder on December 5, 2016, as Instrument No. 20161205015389.
(2) The Court finds that there is due to the Plaintiff on Tax Certificate Number 530-
172008-00-S1-0045-17 the sum of the following:
The “certificate redemption price” which equals the certificate purchase price of 7wo
Thousand Nine Hundred Ninety Three Dollars and Fifty Nine Cents ($2,993.59), plus
interest at 18% per year from August 29, 2017. The Certificate was filed with the County
Recorder on September 8, 2017, as Instrument No. 201709080125573.
(3) The Court finds that there is due to the Plaintiffon Tax Certificate Number 530-
172008-00-S2-0049-18 the sum of the following:
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260
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The “certificate redemption price” which equals the certificate purchase price of 7wo
Thousand Four Hundred Eighty Eight Dollars and Forty Light Cents ($2,488.48), plus
interest at 18% per year from September 18, 2018. The Certificate was originally filed
with the County Recorder on September 27, 2018, as Instrument No. 201809270130909.
The Court further finds that the Tax Certificates held by the Plaintiff constitute a first and
valid lien against Permanent Parcel No. 530-172008-00, commonly known as 2877-2879 United
Ct, Reynoldsburg, OH 43068. See full legal description attached hereto as Exhibit “A”.
The Court further finds that, pursuant to Ohio Revised Code §5721.39 and §5721.371
Plaintiff is entitled to be reimbursed for private attorney fees in the reasonable sum of $1,950.00
The Court further finds that there is no just reason for delay in entering judgment herein.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED, that the within action
shall proceed according to Chapter 5721 of the Ohio Revised Code.
It is further ORDERED that unless:
-- prior to the confirmation of a sale of the certificate parcel under foreclosure
proceedings there is tendered to the county treasurer the sum of the following amounts:
. an amount equal to the total of the certificate redemption prices of all Tax
Certificates respecting that parcel plus sum of taxes, assessments,
penalties, charges, and interest charged against the parcel that have
become due and payable since the date the last certificate was sold:
. attorney’s fees in the amount of $1,950.00 and the cost of this proceeding;
there shall be no further equity of redemption; that said lien and said equity of
redemption in and to the subject parcel shall be foreclosed; that an order of Sale shall issue to the
Sheriff directing him, without appraisal, to advertise and separately sell said parcel at public
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260
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sale in the manner provided by law for the sale of real property on execution and according to
Section 5721.19 of the Ohio Revised Code and the applicable Rules of the Franklin County
Common Pleas Court, for not less than the total amount the findings herein which shall constitute
the “MINIMUM BID”; and that the Sheriff make due return to this Court, for further
proceedings under law.
It is further ORDERED that upon confirmation of sale, the sale proceeds thereof
shall be applied by the Sheriff (Pursuant to ORC 5721.39) as follows:
(A) The fees and costs incurred in this proceeding, including $645.00 for title
reports and $1,950.00 for attorney’s fees payable to Plaintiff, which are hereby
taxed as costs;
(B) To the Plaintiff, the sum of amounts found due for the certificate
redemption prices of all Tax Certificates sold against the parcel:
Certificate 1: Six Thousand Three Hundred Fifty One Dollars and Sixteen Cents
($6,351.16), plus interest at 14% per year from October 24, 2016, through the day
immediately preceding the day on which the proceeds of sale are paid to Plaintiff.
Certificate 2: Zwo Thousand Nine Hundred Ninety Three Dollars and Fifty Nine
Cents ($2,993.59), plus interest at 18% per year from August 29, 2017, through
the day immediately preceding the day on which the proceeds of sale are paid to
Plaintiff.
Certificate 3: Zwo Thousand Four Hundred Eighty Eight Dollars and Forty Eight
Cents ($2,488.48), plus interest at 18% per year from September 18, 2018,
through the day immediately preceding the day on which the proceeds of sale are
paid to Plaintiff.
4.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260
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(©) To the County Treasurer, any amount due for taxes, assessments, charges,
penalties, and interest not covered by the tax certificate holder’s payment
including all taxes, assessments, charges, penalties and interest payable
subsequent to the entry of the finding and prior to the transfer of the deed of the
parcel to the purchaser following confirmation of sale.
(D) Sheriff to hold any balance.
It is further ORDERED that upon the sale of the within described premises and the
confirmation of sale thereof, the Sheriff of Franklin County, Ohio shall issue a Deed in
accordance with law
It is further ORDERED that unless said parcel is previously redeemed pursuant to
5721.38 of the Ohio Revised Code, upon the filing of the entry of confirmation of sale, the title
to said parcel shall be incontestable in the purchaser, and shall be free and clear of all liens and
encumbrances, except such easements and covenants of record running with the land as were
created prior to the time the taxes or assessments, for the nonpayment of which said parcel is
sold at foreclosure, become due and payable
It is further Ordered that such taxes and special assessments, or installments of special
assessments, and any other assessments, which are not legally due and payable according to law
at the time of the Confirmation of Sale, shall not be abated or removed from the tax duplicates
and records in the Offices of the Auditor and Treasurer of Franklin County, Ohio, but shall be
and remain a first and best lien on the premises hereinbefore described, and the purchaser shall
take such premises subject to all such taxes and assessments
If the property remains twice unsold for want of bidders, the Sheriff is to certify this fact
upon the record and the parcel shall be ordered forfeited to the certificate holder pursuant to
5.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260
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(ORC Sec. 5721.40) and that title to the parcel is incontestable in the certificate holder and is
free and clear of all liens and encumbrances, including any taxes attaching to the parcel
subsequent to the tax certificates, except: (A) A federal tax lien, notice of which was properly
filed in accordance with section 317.09 of the Revised Code prior to the date that the foreclosure
proceeding was instituted under section 5721.37 of the Revised Code and which was foreclosed
in accordance with 28 U.S.C. 2410(c); and (B) Easements and covenants of record running with
the land that were created prior to the time the taxes or assessments, for the nonpayment of
which a tax certificate was issued, became due and payable.
It is further Ordered that, except as otherwise hereinabove provided, any defendant
parties owning or claiming any right, title or interest in, or lien upon said parcel together with
such who may have a right a dower, shall be and they are forever barred from asserting any right,
title or interest in the parcel.
RECORD IS HEREBY ORDERED
Judge
iv. R. 58(B):
To the Clerk of Courts:
Please serve the attorney for each
party and each party not represented
by counsel with Notice of Judgment
and its date of entry upon the journal.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260
OH688 - NO
Submitted by,
/s/Christian E. Niklas
Kim M. Hammond (0062572)
Christian E. Niklas (0066725)
Keith D. Weiner & Associates Co., LPA
75 Public Square, 4" Floor
Cleveland, Ohio 44113
Tel: (216) 771-6500
Fax 16) 771-6540
cnikl iD
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260
OH688 - NY
CERTIFICATE OF SERVICE
The undersigned certifies that a time-stamped copy of this Order will be served on the
following via regular U.S. mail the date of filing. All efile parties are served via the court's efile
system
Maplewood Properies Inc Treasurer of Franklin County
PO Box 329 373 South High Street, 17th Floor
Etna, OH 43018 Columbus, OH 43215
/s/:Christian E. Niklas
Kim M. Hammond (0062572)
Christian E. Niklas (0066725)
Keith D. Weiner & Associates Co., LPA
75 Public Square, 4" Floor
Cleveland, Ohio 44113
Tel: (216) 771-6500
Fax: (216) 771-6540
emk! @oweincdaw.com
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260
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DESCRIPTION OF REAL ESTATE
Situated in the State of Ohio, County of Franklin and in the City of Columbus, as
described as follows:
Being Lot Number One Hundred One (101), in INDEPENDENCE VILLAGE
SECTION 2, as the same is numbered and delineated upon the recorded plat
thereof, of record in Plat Book 51, page 38, Recorder’s Office, Franklin County,
Ohio.
Property Address: 2877 — 2879 United Court, Reynoldsburg, Ohio 43068
P.P.N: 530-172008-00
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260
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Franklin County Court of Common Pleas
Date: 05-29-2019
Case Title: TLOA OF OHIO LLC -VS- MAPLEWOOD PROPERTIES INC ET
AL
Case Number: 19CV002260
Type: DECREE OF FORECLOSURE
It Is So Ordered.
(deg Wh Kagnch,
U
/s/ Judge Julie M. Lynch
Electronically signed on 2019-May-29 page 10 of 10
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260
OE688 - NO
Court Disposition
Case Number: 19CV002260
Case Style: TLOA OF OHIO LLC -VS- MAPLEWOOD PROPERTIES
INC ET AL
Case Terminated: 12 - Default
Final Appealable Order: Yes
Motion Tie Off Information:
1. Motion CMS Document Id: 19CV0022602019-05-2099980000
Document Title: 05-20-2019- MOTION FOR DEFAULT JUDGMENT
- PLAINTIFF: TLOA OF OHIO LLC
Disposition: MOTION GRANTED
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260 OH688 - NB KDW#383050 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO TLOA of Ohio, LLC, Case No. 19 CV 002260 Plaintiff, Judge Julie Lynch VS. JUDGMENT ENTRY AND DECREE OF FORECLOSURE Maplewood Properties Inc., et al. (Tax Certificate Foreclosure) Defendants. PPN: 530-172008-00 This cause came to be heard and was submitted to the Court upon: the Complaint of Plaintiff; Plaintiff s Motion for Default Judgment including Award of Attorney Fees; and the evidence. The Court finds that all necessary parties have been served with summons according to law and are properly before the Court; that Defendant: Maplewood Properties Inc., is in default of Answer or any other response to the Complaint and have by reason thereof confessed to the allegations of the Complaint to be true, and that said Defendants are forever barred from asserting any right, title, claim or interest in or to the premises described herein. The Court finds that there may be due to the Treasurer of Franklin County, Ohio, taxes, accrued taxes, assessments, penalties and interest on the premises hereinafter described, as shown on the County Treasurer’s tax duplicate, the exact amount being unascertainable at the present time, but which amount will be determined at the time of the sheriff’s sale of said premises for which amount the Franklin County Treasurer has a good and valid lien. Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260 OH688 - NB The Court finds that certain Tax Certificates (more specifically identified below) have been duly purchased by the Plaintiff and that the Plaintiff is the “certificate holder” as the term is defined in ORC Sec. 5721.30 (C). The Court further finds that the “certificate redemption price” as defined at ORC Sec. 5721.30 (F) appearing to be due on each certificate is due and unpaid, and that by virtue of ORC sec. 5721.35 (A) the first lien previously held by the state and its taxing districts under ORC Sec. 5721.10 is vested in the Plaintiff. The Court finds that the Plaintiff is entitled to foreclosure of its lien interests. (See, ORC 5721.37 (F).) CERTIFICATES The Court finds that the Plaintiff is the holder of three (3) Certificates (1) The Court finds that there is due to the Plaintiff on Tax Certificate Number 530- 172008-00-P 1-0045-16 the sum of the following The “certificate redemption price” which equals the certificate purchase price of Six Thousand Three Hundred Fifty One Dollars and Sixteen Cents ($6,351.16), plus interest at 14% per year from October 24, 2016. The Certificate was filed with the County Recorder on December 5, 2016, as Instrument No. 20161205015389. (2) The Court finds that there is due to the Plaintiff on Tax Certificate Number 530- 172008-00-S1-0045-17 the sum of the following: The “certificate redemption price” which equals the certificate purchase price of 7wo Thousand Nine Hundred Ninety Three Dollars and Fifty Nine Cents ($2,993.59), plus interest at 18% per year from August 29, 2017. The Certificate was filed with the County Recorder on September 8, 2017, as Instrument No. 201709080125573. (3) The Court finds that there is due to the Plaintiffon Tax Certificate Number 530- 172008-00-S2-0049-18 the sum of the following: -2- Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260 OH688 - NB The “certificate redemption price” which equals the certificate purchase price of 7wo Thousand Four Hundred Eighty Eight Dollars and Forty Light Cents ($2,488.48), plus interest at 18% per year from September 18, 2018. The Certificate was originally filed with the County Recorder on September 27, 2018, as Instrument No. 201809270130909. The Court further finds that the Tax Certificates held by the Plaintiff constitute a first and valid lien against Permanent Parcel No. 530-172008-00, commonly known as 2877-2879 United Ct, Reynoldsburg, OH 43068. See full legal description attached hereto as Exhibit “A”. The Court further finds that, pursuant to Ohio Revised Code §5721.39 and §5721.371 Plaintiff is entitled to be reimbursed for private attorney fees in the reasonable sum of $1,950.00 The Court further finds that there is no just reason for delay in entering judgment herein. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED, that the within action shall proceed according to Chapter 5721 of the Ohio Revised Code. It is further ORDERED that unless: -- prior to the confirmation of a sale of the certificate parcel under foreclosure proceedings there is tendered to the county treasurer the sum of the following amounts: . an amount equal to the total of the certificate redemption prices of all Tax Certificates respecting that parcel plus sum of taxes, assessments, penalties, charges, and interest charged against the parcel that have become due and payable since the date the last certificate was sold: . attorney’s fees in the amount of $1,950.00 and the cost of this proceeding; there shall be no further equity of redemption; that said lien and said equity of redemption in and to the subject parcel shall be foreclosed; that an order of Sale shall issue to the Sheriff directing him, without appraisal, to advertise and separately sell said parcel at public -3- Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260 OH688 - NB sale in the manner provided by law for the sale of real property on execution and according to Section 5721.19 of the Ohio Revised Code and the applicable Rules of the Franklin County Common Pleas Court, for not less than the total amount the findings herein which shall constitute the “MINIMUM BID”; and that the Sheriff make due return to this Court, for further proceedings under law. It is further ORDERED that upon confirmation of sale, the sale proceeds thereof shall be applied by the Sheriff (Pursuant to ORC 5721.39) as follows: (A) The fees and costs incurred in this proceeding, including $645.00 for title reports and $1,950.00 for attorney’s fees payable to Plaintiff, which are hereby taxed as costs; (B) To the Plaintiff, the sum of amounts found due for the certificate redemption prices of all Tax Certificates sold against the parcel: Certificate 1: Six Thousand Three Hundred Fifty One Dollars and Sixteen Cents ($6,351.16), plus interest at 14% per year from October 24, 2016, through the day immediately preceding the day on which the proceeds of sale are paid to Plaintiff. Certificate 2: Zwo Thousand Nine Hundred Ninety Three Dollars and Fifty Nine Cents ($2,993.59), plus interest at 18% per year from August 29, 2017, through the day immediately preceding the day on which the proceeds of sale are paid to Plaintiff. Certificate 3: Zwo Thousand Four Hundred Eighty Eight Dollars and Forty Eight Cents ($2,488.48), plus interest at 18% per year from September 18, 2018, through the day immediately preceding the day on which the proceeds of sale are paid to Plaintiff. 4. Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260 OH688 - NB (©) To the County Treasurer, any amount due for taxes, assessments, charges, penalties, and interest not covered by the tax certificate holder’s payment including all taxes, assessments, charges, penalties and interest payable subsequent to the entry of the finding and prior to the transfer of the deed of the parcel to the purchaser following confirmation of sale. (D) Sheriff to hold any balance. It is further ORDERED that upon the sale of the within described premises and the confirmation of sale thereof, the Sheriff of Franklin County, Ohio shall issue a Deed in accordance with law It is further ORDERED that unless said parcel is previously redeemed pursuant to 5721.38 of the Ohio Revised Code, upon the filing of the entry of confirmation of sale, the title to said parcel shall be incontestable in the purchaser, and shall be free and clear of all liens and encumbrances, except such easements and covenants of record running with the land as were created prior to the time the taxes or assessments, for the nonpayment of which said parcel is sold at foreclosure, become due and payable It is further Ordered that such taxes and special assessments, or installments of special assessments, and any other assessments, which are not legally due and payable according to law at the time of the Confirmation of Sale, shall not be abated or removed from the tax duplicates and records in the Offices of the Auditor and Treasurer of Franklin County, Ohio, but shall be and remain a first and best lien on the premises hereinbefore described, and the purchaser shall take such premises subject to all such taxes and assessments If the property remains twice unsold for want of bidders, the Sheriff is to certify this fact upon the record and the parcel shall be ordered forfeited to the certificate holder pursuant to 5. Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260 OH688 - NO (ORC Sec. 5721.40) and that title to the parcel is incontestable in the certificate holder and is free and clear of all liens and encumbrances, including any taxes attaching to the parcel subsequent to the tax certificates, except: (A) A federal tax lien, notice of which was properly filed in accordance with section 317.09 of the Revised Code prior to the date that the foreclosure proceeding was instituted under section 5721.37 of the Revised Code and which was foreclosed in accordance with 28 U.S.C. 2410(c); and (B) Easements and covenants of record running with the land that were created prior to the time the taxes or assessments, for the nonpayment of which a tax certificate was issued, became due and payable. It is further Ordered that, except as otherwise hereinabove provided, any defendant parties owning or claiming any right, title or interest in, or lien upon said parcel together with such who may have a right a dower, shall be and they are forever barred from asserting any right, title or interest in the parcel. RECORD IS HEREBY ORDERED Judge iv. R. 58(B): To the Clerk of Courts: Please serve the attorney for each party and each party not represented by counsel with Notice of Judgment and its date of entry upon the journal. 6- Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260 OH688 - NO Submitted by, /s/Christian E. Niklas Kim M. Hammond (0062572) Christian E. Niklas (0066725) Keith D. Weiner & Associates Co., LPA 75 Public Square, 4" Floor Cleveland, Ohio 44113 Tel: (216) 771-6500 Fax 16) 771-6540 cnikl iD -7- Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260 OH688 - NY CERTIFICATE OF SERVICE The undersigned certifies that a time-stamped copy of this Order will be served on the following via regular U.S. mail the date of filing. All efile parties are served via the court's efile system Maplewood Properies Inc Treasurer of Franklin County PO Box 329 373 South High Street, 17th Floor Etna, OH 43018 Columbus, OH 43215 /s/:Christian E. Niklas Kim M. Hammond (0062572) Christian E. Niklas (0066725) Keith D. Weiner & Associates Co., LPA 75 Public Square, 4" Floor Cleveland, Ohio 44113 Tel: (216) 771-6500 Fax: (216) 771-6540 emk! @oweincdaw.com -8- Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260 OH688 - NO DESCRIPTION OF REAL ESTATE Situated in the State of Ohio, County of Franklin and in the City of Columbus, as described as follows: Being Lot Number One Hundred One (101), in INDEPENDENCE VILLAGE SECTION 2, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 51, page 38, Recorder’s Office, Franklin County, Ohio. Property Address: 2877 — 2879 United Court, Reynoldsburg, Ohio 43068 P.P.N: 530-172008-00 -9- Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260 OE688 - NO Franklin County Court of Common Pleas Date: 05-29-2019 Case Title: TLOA OF OHIO LLC -VS- MAPLEWOOD PROPERTIES INC ET AL Case Number: 19CV002260 Type: DECREE OF FORECLOSURE It Is So Ordered. (deg Wh Kagnch, U /s/ Judge Julie M. Lynch Electronically signed on 2019-May-29 page 10 of 10 Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 May 29 3:34 PM-19CV002260 OE688 - NO Court Disposition Case Number: 19CV002260 Case Style: TLOA OF OHIO LLC -VS- MAPLEWOOD PROPERTIES INC ET AL Case Terminated: 12 - Default Final Appealable Order: Yes Motion Tie Off Information: 1. Motion CMS Document Id: 19CV0022602019-05-2099980000 Document Title: 05-20-2019- MOTION FOR DEFAULT JUDGMENT - PLAINTIFF: TLOA OF OHIO LLC Disposition: MOTION GRANTED