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S
IN THE COURT OF COMMON PLEAS
a. 3 Re
DELAWARE COUNTY, OHIO > Se
22 8
oY -< DE
Cr2r wm AAS
[net nnn etn e tne tenet e eae Sa) «OSS
XZ B&B SEZ
i Fifth Third Mortgage Company Case No. 11 CV E 12 1543 2 5 22
SS Be
Plaintiff, 3d | S O Judge Everett H. Krueger? 9 Z>
| Cae l :
vs. U (o
CONFIRMATION ENTRY OF
Patricia S. Wright, et al. SALE AND DISTRIBUTION OF
: PROCEEDS
| Defendants.
! This action was heard on the return of the Sheriff of Delaware County of the sale of
property commonly known as 42 West High Street, Ashley, OH 43003, parcel no.
61813109009000 (the "Property"). The legal description of the Property is attached to this order
i
| as Exhibit A, which is incorporated herein by reference. :
aL The Property was sold by the Sheriff on Apri! 18, 2012 to Fifth Third Mortgage
Company for the following amount: $55,000.00.
| 2. Having carefully examined the proceedings of the officer, the Court finds that the sale of
| the Property conformed in all respects to the law and the prior orders of this Court and
hereby confirms and approves the sale of the Property and these proceedings.
3. The Sheriff shall convey the Property to Fifth Third Mortgage Company by deed
| according to law free and clear of all liens and encumbrances and shall issue the deed in
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| the following name: Fifth Third Mortgage Company.
4. The tax mailing address of the purchaser of the Property is as follows: c/o Fifth Third
Mortgage Company, Madisonville Operations Center, Mail Code 1M0C20, Cincinnati,
|
(Me 0 wgren
! 00080171370
\ Ref# 11-02533 1/NNW JOEN Fo
Cy F Copy
7B 0CS0 -1
'
'
,
Ohio 45227.
The prior deed reference with respect to the Property is as follows: Deed dated August
28, 2009, filed August 31, 2009, recorded in Official Records Volume 0925, Page 0050,
Recorder's Office, Delaware County, Ohio.
The purchaser of the Property is hereby subrogated to the rights of the mortgagees and
lien holders in the Property to the extent necessary to protect the purchaser's title to the
Property.
The Court hereby grants the purchaser of the Property a writ of possession to put the
purchaser in possession of the Property.
The Court hereby orders the release of all mortgages and liens held by all parties to this
action. As a result, the Clerk of Courts shall cause certificates of satisfaction and release
to be presented for recording by the County Recorder with respect to each of the
mortgages and liens listed on Exhibit B, which is attached to this order for the
convenience of the Clerk of Courts and incorporated herein by reference. Such mortgages
and liens shall be released only 1o the extent that they encumber the property foreclosed
upon in this action and not to the extent that they encumber any other property.
Because Fifth Third Mortgage Company holds a valid and subsisting mortgage on the
Property, it need not pay the full amount of the purchase price to the Sheriff. Instead,
Fifth Third Mortgage Company need only pay an amount necessary to pay court costs,
real estate taxes and assessments, and Sheriff's costs. The deposit amount of $6,900.00
tendered at the Sheriff's sale shall be distributed as follows:
a. The Clerk of Courts shall be paid $786.23 for court costs.
b. The Treasurer shall be paid $0.00 for current taxes and assessments due on the
Ref# 11-025331/NNW| Property.
| c. The Treasurer shall be paid $1,452.06 for pro-rated taxes and assessments.
d. The Sheriff shall be paid $50.00 for Sheriff's costs.
e. The Auditor shall be paid $165.50 for conveyance fees and transfer tax.
f. The Recorder shall be paid $28.00 for recording the deed.
g. The remaining balance of $4,418.21 shall be refunded to the Attorney for
Plaintiff.
‘10. To account fully for the distribution of sale proceeds, the Court finds that the following
i
! amount may be applied toward the judgment entered in favor of Plaintiff: $52,518.21.
IT IS SO ORDERED.
Judge Everett H. Krueger
Common Pleas Judge
Approved:
:Matthew J. Ridhfardson (0077157)
Holly N. Wolf((0068847)
Manley Deas Hochalski LLC
P. O. Box 165028
Columbus, OH 43216-5028
‘Telephone: 614-222-4921
Fax: 614-220-5613
Email: mjr2@mdk-llc.com
Attorney for Plaintiff
ViA Ray Slulie
:G Scott Miller (0018056)
‘Attorney for Delaware County Treasurer
103 N. Union Street
Delaware, OH 43015
Fax: 740-548-5443
i
Ref# 11-025331/NNW
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|
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iEXHIBIT A
Legal Description of the Property
Situated in the County of Delaware, State of Ohio and in the Village of Ashley:
Being Lot Number Eighty (80) in the Village of Ashley.
Property Address: 42 West High Street, Ashley, OH 43003
Parcel No. 61813109009000
Refit 11-02533 1/NNWEXHIBIT B
Mortgages and Liens to be Released
L. Mortgage in favor of Fifth Third Mortgage Company, 5001 Kingsley Drive, MD:
1MOCBQ, Cincinnati, OH 45227, from Patricia S$. Wright, a married woman, joined by
her husband, Brandan Wright, signing solely to release his dower rights, in the amount of
$102,116.00, filed August 31, 2009, recorded in Official Records Volume 0925, Page
0052, Recorder's Office, Delaware County, Ohio.
Ref# 11-025331/NNW
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S IN THE COURT OF COMMON PLEAS a. 3 Re DELAWARE COUNTY, OHIO > Se 22 8 oY -< DE Cr2r wm AAS [net nnn etn e tne tenet e eae Sa) «OSS XZ B&B SEZ i Fifth Third Mortgage Company Case No. 11 CV E 12 1543 2 5 22 SS Be Plaintiff, 3d | S O Judge Everett H. Krueger? 9 Z> | Cae l : vs. U (o CONFIRMATION ENTRY OF Patricia S. Wright, et al. SALE AND DISTRIBUTION OF : PROCEEDS | Defendants. ! This action was heard on the return of the Sheriff of Delaware County of the sale of property commonly known as 42 West High Street, Ashley, OH 43003, parcel no. 61813109009000 (the "Property"). The legal description of the Property is attached to this order i | as Exhibit A, which is incorporated herein by reference. : aL The Property was sold by the Sheriff on Apri! 18, 2012 to Fifth Third Mortgage Company for the following amount: $55,000.00. | 2. Having carefully examined the proceedings of the officer, the Court finds that the sale of | the Property conformed in all respects to the law and the prior orders of this Court and hereby confirms and approves the sale of the Property and these proceedings. 3. The Sheriff shall convey the Property to Fifth Third Mortgage Company by deed | according to law free and clear of all liens and encumbrances and shall issue the deed in i | the following name: Fifth Third Mortgage Company. 4. The tax mailing address of the purchaser of the Property is as follows: c/o Fifth Third Mortgage Company, Madisonville Operations Center, Mail Code 1M0C20, Cincinnati, | (Me 0 wgren ! 00080171370 \ Ref# 11-02533 1/NNW JOEN Fo Cy F Copy 7B 0CS0 -1 ' ' , Ohio 45227. The prior deed reference with respect to the Property is as follows: Deed dated August 28, 2009, filed August 31, 2009, recorded in Official Records Volume 0925, Page 0050, Recorder's Office, Delaware County, Ohio. The purchaser of the Property is hereby subrogated to the rights of the mortgagees and lien holders in the Property to the extent necessary to protect the purchaser's title to the Property. The Court hereby grants the purchaser of the Property a writ of possession to put the purchaser in possession of the Property. The Court hereby orders the release of all mortgages and liens held by all parties to this action. As a result, the Clerk of Courts shall cause certificates of satisfaction and release to be presented for recording by the County Recorder with respect to each of the mortgages and liens listed on Exhibit B, which is attached to this order for the convenience of the Clerk of Courts and incorporated herein by reference. Such mortgages and liens shall be released only 1o the extent that they encumber the property foreclosed upon in this action and not to the extent that they encumber any other property. Because Fifth Third Mortgage Company holds a valid and subsisting mortgage on the Property, it need not pay the full amount of the purchase price to the Sheriff. Instead, Fifth Third Mortgage Company need only pay an amount necessary to pay court costs, real estate taxes and assessments, and Sheriff's costs. The deposit amount of $6,900.00 tendered at the Sheriff's sale shall be distributed as follows: a. The Clerk of Courts shall be paid $786.23 for court costs. b. The Treasurer shall be paid $0.00 for current taxes and assessments due on the Ref# 11-025331/NNW| Property. | c. The Treasurer shall be paid $1,452.06 for pro-rated taxes and assessments. d. The Sheriff shall be paid $50.00 for Sheriff's costs. e. The Auditor shall be paid $165.50 for conveyance fees and transfer tax. f. The Recorder shall be paid $28.00 for recording the deed. g. The remaining balance of $4,418.21 shall be refunded to the Attorney for Plaintiff. ‘10. To account fully for the distribution of sale proceeds, the Court finds that the following i ! amount may be applied toward the judgment entered in favor of Plaintiff: $52,518.21. IT IS SO ORDERED. Judge Everett H. Krueger Common Pleas Judge Approved: :Matthew J. Ridhfardson (0077157) Holly N. Wolf((0068847) Manley Deas Hochalski LLC P. O. Box 165028 Columbus, OH 43216-5028 ‘Telephone: 614-222-4921 Fax: 614-220-5613 Email: mjr2@mdk-llc.com Attorney for Plaintiff ViA Ray Slulie :G Scott Miller (0018056) ‘Attorney for Delaware County Treasurer 103 N. Union Street Delaware, OH 43015 Fax: 740-548-5443 i Ref# 11-025331/NNW | | i iEXHIBIT A Legal Description of the Property Situated in the County of Delaware, State of Ohio and in the Village of Ashley: Being Lot Number Eighty (80) in the Village of Ashley. Property Address: 42 West High Street, Ashley, OH 43003 Parcel No. 61813109009000 Refit 11-02533 1/NNWEXHIBIT B Mortgages and Liens to be Released L. Mortgage in favor of Fifth Third Mortgage Company, 5001 Kingsley Drive, MD: 1MOCBQ, Cincinnati, OH 45227, from Patricia S$. Wright, a married woman, joined by her husband, Brandan Wright, signing solely to release his dower rights, in the amount of $102,116.00, filed August 31, 2009, recorded in Official Records Volume 0925, Page 0052, Recorder's Office, Delaware County, Ohio. Ref# 11-025331/NNW