On August 09, 2012 a
Answer
was filed
involving a dispute between
State Of Ohio Ex Rel. City Of Trotwood Ohio,
and
Bayview Financial L.P.,
Gwendolyn Ballard,
Montgomery County Auditor,
Montgomery County Treasurer,
Sylvester Ballard,
Unknown Tenants If Any Of,
for GWENDOLYN BALLARD
in the District Court of Montgomery County.
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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Wednesday, September 12, 2012 1:37:30 PM
CASE NUMBER: 2012 CV 05775 Docket ID: 17515305
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
State of Ohio, ex rel. Case No. 2012 CV 5775
City of Trotwood, Ohio,
Plaintiff,
ANSWER OF DEFENDANT,
vs. CAROLYN RICE, TREASURER
OF MONTGOMERY
Sylvester Ballard, et al., COUNTY, OHIO
Defendants.
Defendant, Carolyn Rice, as Treasurer of Montgomery County, Ohio, by and
through counsel, and for her answer says she is chargeable by law with the collection of
taxes and assessments levied on real property within Montgomery County, Ohio.
Real estate taxes and assessments become a lien on such real property on the first
day of each year, and such lien is paramount to all other liens.
WHEREFORE, this Defendant prays that the lien for real estate taxes and
assessments, together with interest, penalties, and charges be protected and
preserved; upon distribution of the proceeds of any sale of the real property, if any, that
Carolyn Rice as Treasurer be given, in the priority prescribed by law, an amount
sufficient to satisfy all taxes and assessments, together with interest, penalties and
charges then due and unpaid on the real property described.
MATHIAS H. HECK, JR.,
PROSECUTING ATTORNEY
By:_s/DOUGLAS M. TROUT_
Douglas M. Trout
Supreme Court Reg. No. 0072027
Assistant Prosecuting Attorney
5th Floor, 301 West Third Street
Dayton, Ohio 45402
(937) 225-5607
ATTORNEY FOR DEFENDANT,
CAROLYN RICE, TREASURER
OF MONTGOMERY COUNTY
CERTIFICATE OF SERVICE
The undersigned hereby certifies that copies of the foregoing have been forwarded by
electronic notification on the date of filing to the following:
Stephen M. McHugh, #0018788, Attorney for Plaintiff
Amelia N. Blankenship, #0082254, Attorney for Plaintiff
Scott A. Miller, #0088204, Attorney for Plaintiff
___s/DOUGLAS M. TROUT _
Douglas M. Trout
Assistant Prosecuting Attorney
Document Filed Date
September 12, 2012
Case Filing Date
August 09, 2012
Category
GWENDOLYN BALLARD
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ELECTRONICALLY FILED COURT OF COMMON PLEAS Wednesday, September 12, 2012 1:37:30 PM CASE NUMBER: 2012 CV 05775 Docket ID: 17515305 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CIVIL DIVISION State of Ohio, ex rel. Case No. 2012 CV 5775 City of Trotwood, Ohio, Plaintiff, ANSWER OF DEFENDANT, vs. CAROLYN RICE, TREASURER OF MONTGOMERY Sylvester Ballard, et al., COUNTY, OHIO Defendants. Defendant, Carolyn Rice, as Treasurer of Montgomery County, Ohio, by and through counsel, and for her answer says she is chargeable by law with the collection of taxes and assessments levied on real property within Montgomery County, Ohio. Real estate taxes and assessments become a lien on such real property on the first day of each year, and such lien is paramount to all other liens. WHEREFORE, this Defendant prays that the lien for real estate taxes and assessments, together with interest, penalties, and charges be protected and preserved; upon distribution of the proceeds of any sale of the real property, if any, that Carolyn Rice as Treasurer be given, in the priority prescribed by law, an amount sufficient to satisfy all taxes and assessments, together with interest, penalties and charges then due and unpaid on the real property described. MATHIAS H. HECK, JR., PROSECUTING ATTORNEY By:_s/DOUGLAS M. TROUT_ Douglas M. Trout Supreme Court Reg. No. 0072027 Assistant Prosecuting Attorney 5th Floor, 301 West Third Street Dayton, Ohio 45402 (937) 225-5607 ATTORNEY FOR DEFENDANT, CAROLYN RICE, TREASURER OF MONTGOMERY COUNTY CERTIFICATE OF SERVICE The undersigned hereby certifies that copies of the foregoing have been forwarded by electronic notification on the date of filing to the following: Stephen M. McHugh, #0018788, Attorney for Plaintiff Amelia N. Blankenship, #0082254, Attorney for Plaintiff Scott A. Miller, #0088204, Attorney for Plaintiff ___s/DOUGLAS M. TROUT _ Douglas M. Trout Assistant Prosecuting Attorney