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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Tuesday, May 18, 2010 6:42:42 PM
CASE NUMBER: 2007 CV 09571 Docket ID: 15087712
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
COURT OF COMMON PLEAS
MONTGOMERY COUNTY, OHIO
U.S. Bank National Association, as Trustee for Case No. 07-9571
the Structured Asset Securities Corporation
Mortgage Loan Trust, 2006- NC1, Judge Froelich
Plaintiff, Magistrate Fuchsman
-vs-
FINAL & APPEALABLE
Wesley A. Quinn, et al.,
AGREED ENTRY TO VACATE
Defendants. DEFAULT JUDGMENT ENTERED
FEBRUARY 11, 2008 AND CONSENT
ENTRY OF JUDGMENT IN REM AND
DECREE IN FORECLOSURE
This matter is before the Court on the Motions of Defendants, Wesley A. Quinn and
Marion L. Quinn (“Defendants”), to Vacate Default Judgment entered in favor of the
plaintiff, U.S. Bank National Association, as Trustee for the Structured Asset Securities
Corporation Mortgage Loan Trust, 2006- NC1 (“Plaintiff”), and to Stay Sale. By
agreement of Plaintiff and Defendants the Court finds that good cause exists for setting
aside the Entry of Default Judgment as to Defendants only.
IT IS SO ORDERED, that the Entry of Default Judgment, as it relates to Defendants
only, shall be and is hereby VACATED.
This Court further finds that, in place of the default judgment entered February 11,
2008, which entry is hereby vacated, Plaintiff and Defendants consent to entry of
Judgment in rem and Decree of Foreclosure upon Plaintiff Complaint for judgment upon
the Note as described in the Complaint; and to foreclose the lien of the Mortgage securing
the obligation of such Note upon the real estate described herein; and to require all parties
to set up their claims to the real estate or be barred.
The Court finds that all necessary parties have been properly served, are properly
before the Court, and that the defendants, Wesley A. Quinn, Marion L. Quinn and Chase
Home Finance LLC successor by merger to Chase Manhattan Mortgage Corporation
successor by merger to Chase Mortgage Company are in default of Motion or Answer.
The Court finds that the allegations contained in the Complaint are true and that
there is due and owing to the plaintiff, from the defendants, Wesley A. Quinn, upon the
subject Note the principal balance of $79,542.14, for which amount judgment is hereby
rendered in favor of the plaintiff, with interest at the rate of 6.8750 percent per annum
from December 1, 2006, and as may be adjusted pursuant to the terms of the note,
together with advances for taxes, insurance and otherwise expended, plus costs. Plaintiff
has agreed to forego its right to seek a deficiency judgment against Defendants, Wesley
A. Quinn and Marion L. Quinn; therefore, no personal judgment is hereby rendered
against said defendant. This Entry shall operate in rem only.
The Court finds that the Note is secured by the Mortgage held by the plaintiff,
which mortgage constitutes a valid and first lien upon the following described premises:
See Exhibit “A”
The Court finds that the Mortgage was filed for record on April 7, 2006, in
Mortgage Volume Microfiche Number 06-030777 of this County's Recorder's Office; that
the conditions of said Mortgage have been broken and plaintiff is entitled to have the
equity of redemption of the defendant-titleholders foreclosed.
The Court finds that the defendant, Montgomery County Treasurer, has filed an
Answer herein asserting an interest in the real estate which is the subject of this action,
which interest is senior in priority to plaintiff's interest as hereinabove set forth.
IT IS THEREFORE, ORDERED that unless the sums hereinabove found to be due
to plaintiff, and the costs of this action, be fully paid within three (3) days from the date of
the entry of this decree, the equity of redemption of the defendant-titleholders in said real
estate shall be foreclosed, and the real estate sold, free of the interest of all parties
herein, and an order of sale may issue to the Sheriff of this County, directing him to
appraise, advertise and sell said real estate, according to law and the orders of this Court,
and report his proceedings to this Court. By agreement of the plaintiff and Defendants,
sale of the said real estate shall not occur before July 15, 2010.
If the United States of America holds a lien on the real estate, the United States of
America shall have the right to redeem as provided by Title 28, Section 2410 (C), United
States Code.
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.
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, including the fees of
appraisers.
2. To the Treasurer of this County, the taxes and assessments, due and payable
as of the date of transfer of the property after Sheriff’s Sale.
3. To the plaintiff, the sum of $79,542.14, with interest at the rate of 6.8750
percent per annum from December 1, 2006, and as may be adjusted
pursuant to the terms of the note, together with advances for taxes,
insurance and otherwise expended, plus costs.
4. The balance of the sale proceeds, if any, shall be paid by the Sheriff to the
Clerk of this Court to await further orders of this Court.
THIS IS A FINAL APPEALABLE ORDER, AND THERE IS NO JUST REASON FOR
DELAY FOR PURPOSES OF OHIO RULE OF CIVIL PROCEDURE 54. PURSUANT TO
OHIO APPELLATE RULE 4, THE PARTIES SHALL FILE A NOTICE OF APPEAL
WITHIN THIRTY (30) DAYS.
SO ORDERED:
_________________________________
JUDGE
/S/ Deanna C. Stoutenborough
Deanna C. Stoutenborough (# 0069761)
Rick D. DeBlasis, Esq. (# 0012992)
Craig A. Thomas, Esq. (#0037667)
LERNER, SAMPSON & ROTHFUSS
Attorney for Plaintiff
120 E. Fourth St., 8th Floor
Cincinnati, OH 45202
Ph.: (513) 412-6093
Reviewed and Approved.
Randall J. Smith, Esq.
Miami Valley Fair Housing Center, Inc.
Attorneys for Defendants, Wesley and Marion Quinn
21-23 E. Babbitt Street
Dayton, OH 45405
Reviewed and Approved.
Collette S. Carr, Esq.
Attorney for Defendant, Montgomery County Treasurer
301 West Third Street
5th Floor
Dayton, OH 45402
TO THE CLERK OF COURTS: PURSUANT TO OHIO RULE OF CIVIL PROCEDURE
58(B), PLEASE SERVE NOTICE OF JUDGMENT AND ITS DATE OF ENTRY UPON
THE JOURNAL ON ALL PARTIES NOT IN DEFAULT FOR FAILURE TO APPEAR. IF
THE PARTY IS REPRESENTED BY COUNSEL, THE ATTORNEY OF RECORD FOR
THAT PARTY SHALL BE SERVED.
_________________________________
JUDGE
Deanna C. Stoutenborough
LERNER, SAMPSON & ROTHFUSS
120 E. Fourth St., 8th Floor
Cincinnati, OH 45202
Colette S. Carr
301 West Third Street
5th Floor
Dayton, OH 45402
Wesley A. Quinn
7 Oak Street
Trotwood, OH 45426
Marion L. Quinn
7 Oak Street
Trotwood, OH 45426
Chase Home Finance LLC successor by merger to Chase Manhattan Mortgage
Corporation successor by merger to Chase Mortgage Company
10790 Rancho Bernardo Road
San Diego, CA 92127
The undersigned hereby certifies that the examination of title to the subject real estate
has been extended to May 10, 2010, to determine if any parties have acquired any
interest therein subsequent to said previous examination and said examination to
whom the doctrine of lis pendens applies.
/s/ Deanna C. Stoutenborough, Esq.
Deanna C. Stoutenborough, Esq.
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ELECTRONICALLY FILED COURT OF COMMON PLEAS Tuesday, May 18, 2010 6:42:42 PM CASE NUMBER: 2007 CV 09571 Docket ID: 15087712 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO U.S. Bank National Association, as Trustee for Case No. 07-9571 the Structured Asset Securities Corporation Mortgage Loan Trust, 2006- NC1, Judge Froelich Plaintiff, Magistrate Fuchsman -vs- FINAL & APPEALABLE Wesley A. Quinn, et al., AGREED ENTRY TO VACATE Defendants. DEFAULT JUDGMENT ENTERED FEBRUARY 11, 2008 AND CONSENT ENTRY OF JUDGMENT IN REM AND DECREE IN FORECLOSURE This matter is before the Court on the Motions of Defendants, Wesley A. Quinn and Marion L. Quinn (“Defendants”), to Vacate Default Judgment entered in favor of the plaintiff, U.S. Bank National Association, as Trustee for the Structured Asset Securities Corporation Mortgage Loan Trust, 2006- NC1 (“Plaintiff”), and to Stay Sale. By agreement of Plaintiff and Defendants the Court finds that good cause exists for setting aside the Entry of Default Judgment as to Defendants only. IT IS SO ORDERED, that the Entry of Default Judgment, as it relates to Defendants only, shall be and is hereby VACATED. This Court further finds that, in place of the default judgment entered February 11, 2008, which entry is hereby vacated, Plaintiff and Defendants consent to entry of Judgment in rem and Decree of Foreclosure upon Plaintiff Complaint for judgment upon the Note as described in the Complaint; and to foreclose the lien of the Mortgage securing the obligation of such Note upon the real estate described herein; and to require all parties to set up their claims to the real estate or be barred. The Court finds that all necessary parties have been properly served, are properly before the Court, and that the defendants, Wesley A. Quinn, Marion L. Quinn and Chase Home Finance LLC successor by merger to Chase Manhattan Mortgage Corporation successor by merger to Chase Mortgage Company are in default of Motion or Answer. The Court finds that the allegations contained in the Complaint are true and that there is due and owing to the plaintiff, from the defendants, Wesley A. Quinn, upon the subject Note the principal balance of $79,542.14, for which amount judgment is hereby rendered in favor of the plaintiff, with interest at the rate of 6.8750 percent per annum from December 1, 2006, and as may be adjusted pursuant to the terms of the note, together with advances for taxes, insurance and otherwise expended, plus costs. Plaintiff has agreed to forego its right to seek a deficiency judgment against Defendants, Wesley A. Quinn and Marion L. Quinn; therefore, no personal judgment is hereby rendered against said defendant. This Entry shall operate in rem only. The Court finds that the Note is secured by the Mortgage held by the plaintiff, which mortgage constitutes a valid and first lien upon the following described premises: See Exhibit “A” The Court finds that the Mortgage was filed for record on April 7, 2006, in Mortgage Volume Microfiche Number 06-030777 of this County's Recorder's Office; that the conditions of said Mortgage have been broken and plaintiff is entitled to have the equity of redemption of the defendant-titleholders foreclosed. The Court finds that the defendant, Montgomery County Treasurer, has filed an Answer herein asserting an interest in the real estate which is the subject of this action, which interest is senior in priority to plaintiff's interest as hereinabove set forth. IT IS THEREFORE, ORDERED that unless the sums hereinabove found to be due to plaintiff, and the costs of this action, be fully paid within three (3) days from the date of the entry of this decree, the equity of redemption of the defendant-titleholders in said real estate shall be foreclosed, and the real estate sold, free of the interest of all parties herein, and an order of sale may issue to the Sheriff of this County, directing him to appraise, advertise and sell said real estate, according to law and the orders of this Court, and report his proceedings to this Court. By agreement of the plaintiff and Defendants, sale of the said real estate shall not occur before July 15, 2010. If the United States of America holds a lien on the real estate, the United States of America shall have the right to redeem as provided by Title 28, Section 2410 (C), United States Code. 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. 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, including the fees of appraisers. 2. To the Treasurer of this County, the taxes and assessments, due and payable as of the date of transfer of the property after Sheriff’s Sale. 3. To the plaintiff, the sum of $79,542.14, with interest at the rate of 6.8750 percent per annum from December 1, 2006, and as may be adjusted pursuant to the terms of the note, together with advances for taxes, insurance and otherwise expended, plus costs. 4. The balance of the sale proceeds, if any, shall be paid by the Sheriff to the Clerk of this Court to await further orders of this Court. THIS IS A FINAL APPEALABLE ORDER, AND THERE IS NO JUST REASON FOR DELAY FOR PURPOSES OF OHIO RULE OF CIVIL PROCEDURE 54. PURSUANT TO OHIO APPELLATE RULE 4, THE PARTIES SHALL FILE A NOTICE OF APPEAL WITHIN THIRTY (30) DAYS. SO ORDERED: _________________________________ JUDGE /S/ Deanna C. Stoutenborough Deanna C. Stoutenborough (# 0069761) Rick D. DeBlasis, Esq. (# 0012992) Craig A. Thomas, Esq. (#0037667) LERNER, SAMPSON & ROTHFUSS Attorney for Plaintiff 120 E. Fourth St., 8th Floor Cincinnati, OH 45202 Ph.: (513) 412-6093 Reviewed and Approved. Randall J. Smith, Esq. Miami Valley Fair Housing Center, Inc. Attorneys for Defendants, Wesley and Marion Quinn 21-23 E. Babbitt Street Dayton, OH 45405 Reviewed and Approved. Collette S. Carr, Esq. Attorney for Defendant, Montgomery County Treasurer 301 West Third Street 5th Floor Dayton, OH 45402 TO THE CLERK OF COURTS: PURSUANT TO OHIO RULE OF CIVIL PROCEDURE 58(B), PLEASE SERVE NOTICE OF JUDGMENT AND ITS DATE OF ENTRY UPON THE JOURNAL ON ALL PARTIES NOT IN DEFAULT FOR FAILURE TO APPEAR. IF THE PARTY IS REPRESENTED BY COUNSEL, THE ATTORNEY OF RECORD FOR THAT PARTY SHALL BE SERVED. _________________________________ JUDGE Deanna C. Stoutenborough LERNER, SAMPSON & ROTHFUSS 120 E. Fourth St., 8th Floor Cincinnati, OH 45202 Colette S. Carr 301 West Third Street 5th Floor Dayton, OH 45402 Wesley A. Quinn 7 Oak Street Trotwood, OH 45426 Marion L. Quinn 7 Oak Street Trotwood, OH 45426 Chase Home Finance LLC successor by merger to Chase Manhattan Mortgage Corporation successor by merger to Chase Mortgage Company 10790 Rancho Bernardo Road San Diego, CA 92127 The undersigned hereby certifies that the examination of title to the subject real estate has been extended to May 10, 2010, to determine if any parties have acquired any interest therein subsequent to said previous examination and said examination to whom the doctrine of lis pendens applies. /s/ Deanna C. Stoutenborough, Esq. Deanna C. Stoutenborough, Esq.