Court of Common Pleas

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1 NAILAH K. BYRD CUYAHOGA COUNTY CUERK OF COURTS 1200 Ontario Street Cleveland, Ohio Court of Common Pleas NOTICE OF March 30, :40 By: MAUREEN ZINK Confirmation Nbr THIRD FEDERAL SAVINGS AND LOAN CV ASSOCIATION vs. SHERRI IANIRO, ET AL Judge: SHIRLEY STRICKLAND SAFFOLD Pages Filed: 14

2 /JEH (3/28/17) IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO Third Federal Savings and Loan Association of Cleveland -vs- Plaintiff Sherri Ianiro, aka, Sherri Ianiro Pastis, et al., Defendants CASE NO.: CV JUDGE: Shirley Strickland Saffold MAGISTRATE: Gail D. Baker NOTICE OF SUBMISSION OF PROPOSED MAGISTRATE S DECISION AND ORDER ADOPTING MAGISTRATE S DECISION Now comes Plaintiff, by and through counsel, to give notice that it has submitted to the Court a proposed Magistrate's Decision and Order Adopting Magistrate's Decision, copies of which are attached hereto. /s/ Maureen C. Zink _ Carlisle, McNellie, Rini, Kramer & Ulrich Co., L.P.A. By: Maureen C. Zink ( ) James L. Sassano ( ) Attorneys for Plaintiff Chagrin Blvd., Cleveland, OH Phone Facsimile cuyahogamail@carlisle-law.com

3 CERTIFICATE OF SERVICE The undersigned hereby certifies that on March 30, 2017, a copy of the foregoing was submitted electronically to the Court. Parties will be served by regular U.S. Mail to his, her or its respective address as indicated by previous filings herein. Parties may access this filing through the Court's system SHERRI IANIRO, FKA, SHERRI IANIRO PASTIS & JOHN DOE, REAL NAME UNKNOWN, THE UNKNOWN SPOUSE, IF ANY, OF SHERRI IANIRO, FKA, SHERRI IANIRO PASTIS 1010 Millridge Road Highland Heights, OH ZIAD TAYEH Attorney for George W. Pastis Lorain Avenue Cleveland, OH CITIBANK, N.A., ASSIGNEE OF CITIBANK 701 East 60th Street Sioux Falls, SD LVNV FUNDING LLC c/o Corporation Service Company, Statutory Agent 50 West Broad Street, Suite 1330 Columbus, OH /s/ Maureen C. Zink Carlisle, McNellie, Rini, Kramer & Ulrich Co., L.P.A. By: Maureen C. Zink ( ) James L. Sassano ( ) Attorneys for Plaintiff

4 /JEH (3/28/17) IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO Third Federal Savings and Loan Association of Cleveland -vs- Plaintiff Sherri Ianiro, aka, Sherri Ianiro Pastis, et al., CASE NO.: CV JUDGE: Shirley Strickland Saffold MAGISTRATE: Gail D. Baker MAGISTRATE'S DECISION Defendants This cause came on to be heard and was submitted to the Magistrate upon the Complaint, the Motion for Default Judgment and the Motion for Summary Judgment of the Plaintiff, Third Federal Savings and Loan Association of Cleveland, the Answer of Defendant, Sherri Ianiro, the Answer and Affirmative Defenses of Defendant, George Pastis and the evidence. The Magistrate finds that reasonable minds can come to but one conclusion and that that conclusion is that the Plaintiff is entitled to judgment as a matter of law. Therefore, Plaintiff's Motion for Summary Judgment is hereby granted. The Magistrate finds that all necessary parties have been served with summons according to law and are properly before the court; that the Defendants, John Doe, Real Name Unknown, The Unknown Spouse, If Any, of Sherri Ianiro, fka, Sherri Ianiro Pastis, CitiBank, N.A., Assignee of CitiBank and LVNV Funding LLC, are in default of answer of Complaint or other pleading and thereby confess the allegations of the Complaint to be true and that said defendants are forever barred from asserting any right, title, or interest in and to the hereinafter described premises. The Magistrate finds that there is due the Cuyahoga County Treasurer, taxes, accrued taxes, assessments, and penalties on the premises described herein including: (1) taxes, assessments, interest, and penalties, the lien for which attaches before the date of sale, but that are not yet determined, assessed and

5 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, (2) 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 the judicial sale. The exact amount of said taxes, accrued taxes, assessments, and penalties are unascertainable at this time, but will be determined at the time of the sale of said premises for which amount the Cuyahoga County Treasurer has a good and valid lien. The Magistrate finds on the evidence adduced that there is due Plaintiff from the defendants, Sherri Ianiro, fka, Sherri Ianiro Pastis and George W. Pastis, on the promissory note set forth in the first count of its Complaint the sum of $72, plus interest at the rate of 6.250% per annum from August 1, 2015, for which sum judgment is hereby rendered in favor of the Plaintiff against the defendants, Sherri Ianiro, fka, Sherri Ianiro Pastis and George W. Pastis. The Magistrate further finds that in order to secure the payment of the promissory note aforesaid, that Sherri Ianiro, unmarried, executed and delivered to Third Federal Savings and Loan Association of Cleveland, her certain mortgage deed as in the second count of said Complaint described, thereby conveying to it the following described premises: (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) PREMISES COMMONLY KNOWN AS: 1010 Millridge Road Highland Heights, OH PERMANENT PARCEL NO.: That said mortgage was duly filed with the Recorder of Cuyahoga County on July 12, 1999 at 11:26 a.m. and was thereafter recorded in Instrument Number , of the Cuyahoga County Records and thereby became and is a valid and first lien upon said premises; that said mortgage was duly assigned to the Plaintiff; that the conditions in the mortgage deed have been broken by reason of nonpayment and the same has become absolute; and, that the Plaintiff is entitled to have the equity of redemption of all defendants named in this action in and to said premises foreclosed. The Magistrate further finds that there is no just cause for delay in awarding Plaintiff its judgment as aforesaid but further finds that there is or may be due Plaintiff for sums advanced and to be advanced for real

6 estate taxes, insurance premiums and property protection as alleged in its Complaint, the exact amount of which is unknown at this time but which amount will be known at the time of the judicial sale, and which amount constitutes a good, valid and subsisting lien, with the same priority as Plaintiff's mortgage, hereinabove described, in favor of the Plaintiff. IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED, that unless there is paid or caused to be paid, within three (3) days of the Court's adoption of the Magistrate's Decision, to the Clerk of this Court, the costs of this case, taxes due and payable and to the Plaintiff the sums found to be due it as aforesaid, together with interest due thereon, and the advances due Plaintiff for real estate taxes, insurance premiums and property protection, the equity of redemption of all defendants named in this action in and to said premises shall be foreclosed and said premises sold; and, that an Order of Sale therefore shall issue to the Sheriff of Cuyahoga County directing him to appraise, advertise in a newspaper of general circulation within the County and sell said premises as upon execution and according to law, free and clear of the interest of all parties to this action. If the court authorizes a private selling officer to sell the real estate, then the sale must proceed in accordance with R.C If this is a residential property and the property remains unsold after the first auction by the Sheriff or private selling officer, and the first auction was held at a physical location, 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 of the Revised Code subject to real estate taxes and court costs. This auction shall be held no earlier than seven (7) days and not later than thirty (30) days after the first auction. If there is a successful bidder at the second or subsequent sales, the judgment creditor and the first lienholder have the right to redeem the property within fourteen (14) days of the sale by paying the purchase price to the Clerk of Courts. Upon timely payment, the Court will proceed as described in R.C with the redeeming party considered the successful purchaser at sale. 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 written in any additional Praecipes for Order of Sale submitted by Plaintiff.

7 And coming now to distribute the proceeds of said sale, it is ordered that the Sheriff or private selling officer out of the funds in his hands pay: FIRST: The Cost herein, including the sum of $ payable to Carlisle, McNellie, Rini, Kramer & Ulrich Co., L.P.A. for the Judicial Report filed herein, which is hereby taxed as costs; SECOND: 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 (B): To the Treasurer of Cuyahoga County, Ohio, taxes, accrued taxes, assessments, and penalties on the premises hereinafter described, as shown on the County Treasurer's tax duplicate: OTHERWISE: To the Cuyahoga County Treasurer, taxes, accrued taxes, assessments 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. THIRD: To the Plaintiff, Third Federal Savings and Loan Association of Cleveland, the sum of $72, plus interest at the rate of 6.250% per annum from August 1, 2015; FOURTH: To the Plaintiff, the amount of the sums advanced by it for real estate taxes, insurance premiums and property protection, as hereafter determined by this court; and, FIFTH: The balance, if any, to be held by the Clerk of Courts pending further order. In the event Plaintiff is the successful bidder at the sale, the amount of the deposits made herein by Plaintiff and the costs of the preliminary judicial report in the sum of $519.00, shall be deducted from the total amount of Court costs otherwise payable herein. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there may be due Plaintiff, additional sums advanced by it under the terms of the note and mortgage to pay real estate taxes, hazard insurance premiums, and property protection, which sums are to be determined by further Order.

8 IT IS FURTHER ORDERED that upon the distribution of the proceeds of sale as aforesaid, the Clerk of this Court shall issue his certificate to the County Recorder directing him to enter the same on the margin of the records of said mortgages and liens releasing said liens from said premises. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that after said sale has been completed, a deed will be conveyed to the purchaser and a Writ of Possession of said property be issued. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, if a successful sale occurs, the parties are ordered to file any motions for reimbursement of advances pursuant to R.C within 21 days from the sale. A party may move the court to extend this deadline for good cause shown. No party will be granted reimbursement for advances if such a motion is not filed before this deadline. Within seven (7) days from the filing of a motion for reimbursement, a party may file a brief in opposition. The court will then make a careful examination of the sale pursuant to the applicable statutes. If, however, this case does not involve advances or no mortgagee intends to seek advances, a party may file a notice to this effect within seven (7) days of the sale. Where such notice is filed, no party filing such notice will be granted reimbursement for advances and the court will make a careful examination of the sale pursuant to the applicable statutes upon the return of the order of sale. A party may redeem before confirmation of the sale. Nothing in this order prevents the court from staying the confirmation of sale to permit a property owner additional time to redeem. IT IS SO ORDERED. MAGISTRATE A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL THE COURT S ADOPTION OF ANY FACTUAL FINDING OR LEGAL CONCLUSION, WHETHER OR NOT SPECIFICALLY DESIGNATED AS A FINDING OF FACT OR CONCLUSION OF LAW UNDER CIV. R. 53(D)(3)(a)(ii), UNLESS THE PARTY TIMELY AND SPECIFICALLY OBJECTS TO THAT FACTUAL FINDING OR LEGAL CONCLUSION AS REQUIRED BY CIV. R. 53(D)(3)(b). Submitted By: /s/ Maureen C. Zink. _ By: Maureen C. Zink ( ) James L. Sassano ( ) Attorneys for Plaintiff

9 Exhibit A Legal Description Situated in the City of Highland Heights, County of Cuyahoga and State of Ohio: And known as being Sublot No. 22 in Millridge Subdivision No. 3, of part of Original Mayfield Township Lot No. 20, Tract No. 2, as shown by the recorded plat in Volume 190 of Maps, Page 44 of Cuyahoga County Records, as appears by said plat, be the same more or less, but subject to all legal highways. Permanent Parcel Number(s): Premises commonly known as: 1010 Millridge Road, Highland Heights, OH END OF LEGAL DESCRIPTION

10 CERTIFICATE OF SERVICE Copies of the foregoing Magistrate's Decision have been sent via ordinary U.S. Mail, or via if an address is available in the Court's case management system, to the following: MAUREEN C. ZINK ( ) JAMES L. SASSANO ( ) Attorneys for Plaintiff Chagrin Blvd., Cleveland, OH SHERRI IANIRO, FKA, SHERRI IANIRO PASTIS & JOHN DOE, REAL NAME UNKNOWN, THE UNKNOWN SPOUSE, IF ANY, OF SHERRI IANIRO, FKA, SHERRI IANIRO PASTIS 1010 Millridge Road Highland Heights, OH ZIAD TAYEH Attorney for George W. Pastis Lorain Avenue Cleveland, OH CITIBANK, N.A., ASSIGNEE OF CITIBANK 701 East 60th Street Sioux Falls, SD LVNV FUNDING LLC c/o Corporation Service Company, Statutory Agent 50 West Broad Street, Suite 1330 Columbus, OH COPIES MAILED BY CLERK (DATE) CLERK OF COURTS

11 /JEH (3/28/17) IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO Third Federal Savings and Loan Association of Cleveland -vs- Plaintiff Sherri Ianiro, aka, Sherri Ianiro Pastis, et al., Defendants CASE NO.: CV JUDGE: Shirley Strickland Saffold MAGISTRATE: Gail D. Baker ORDER ADOPTING MAGISTRATE S DECISION This cause is before the Court on the decision of the Magistrate, the evidence submitted at the hearing and the motions and pleadings in the Court file. Summary judgment granted in favor of Plaintiff against the following Defendants: Sherri Ianiro, fka, Sherri Ianiro Pastis and George W. Pastis. Default judgment granted in favor of Plaintiff against the following Defendants: John Doe, Real Name Unknown, The Unknown Spouse, If Any, of Sherri Ianiro, fka, Sherri Ianiro Pastis, CitiBank, N.A., Assignee of CitiBank and LVNV Funding LLC. The Court adopts the Magistrate's Decision dated granting a foreclosure on the premises. (SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF) PREMISES COMMONLY KNOWN AS: 1010 Millridge Road Highland Heights, OH PERMANENT PARCEL NO.: The parties who have asserted an interest in the premises will be paid according to their priority. The claims of all parties who have asserted an interest in the premises and whose claims are not paid in the order of distribution herein are transferred to the proceeds of sale and will be determined at a later date.

12 Judgment is rendered in favor of Plaintiff, Third Federal Savings and Loan Association of Cleveland, against Defendants, Sherri Ianiro, aka, Sherri Ianiro Pastis and George W. Pastis, in the sum of $72, plus interest at the rate of 6.250% per annum from August 1, The Court finds that Plaintiff has standing to bring this case. IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED, that unless there is paid or caused to be paid, within three (3) days of the Court's adoption of the Magistrate's Decision, to the Clerk of this Court, the costs of this case, taxes due and payable and to the Plaintiff the sums found to be due it as aforesaid, together with interest due thereon, and the advances due Plaintiff for real estate taxes, insurance premiums and property protection, the equity of redemption of all defendants named in this action in and to said premises shall be foreclosed and said premises sold; and, that an order of sale therefore shall issue to the Sheriff of Cuyahoga County directing him to appraise, advertise in a newspaper of general circulation within the County and sell said premises as upon execution and according to law, free and clear of the interest of all parties to this action. If the court authorizes a private selling officer to sell the real estate, then the sale must proceed in accordance with R.C If this is a residential property and the property remains unsold after the first auction by the Sheriff or private selling officer, and the first auction was held at a physical location, 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 of the Revised Code subject to real estate taxes and court costs. This auction shall be held no earlier than seven (7) days and not later than thirty (30) days after the first auction. 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 (14) days of the sale, by paying the purchase price to the Clerk of Court. Upon timely payment, the Court will proceed as described in R.C with the redeeming party considered the successful purchaser at sale. 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.

13 And coming now to distribute the proceeds of said sale, it is ordered that the Sheriff or private selling officer out of the funds in his hands pay: FIRST: The Cost herein, including the sum of $ payable to Carlisle, McNellie, Rini, Kramer & Ulrich Co., L.P.A. for the Judicial Report filed herein, which is hereby taxed as costs; SECOND: 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 (B): To the Treasurer of Cuyahoga County, Ohio, taxes, accrued taxes, assessments, and penalties on the premises hereinafter described, as shown on the County Treasurer's tax duplicate; OTHERWISE: To the Cuyahoga 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; THIRD: To the Plaintiff, Third Federal Savings and Loan Association of Cleveland, the sum of $72, plus interest at the rate of 6.250% per annum from August 1, 2015; FOURTH: To the Plaintiff, the amount of the sums advanced by it for real estate taxes, insurance premiums and property protection, as hereafter determined by this Court; and, FIFTH: The balance, if any, to be held by the Clerk of Courts pending further order. IT IS FURTHER ORDERED that upon the distribution of the proceeds of sale as aforesaid, the Clerk of this Court shall issue his certificate to the County Recorder directing him to enter the same on the margin of the records of said mortgages and liens releasing said liens from said premises. It is further ORDERED, ADJUDGED AND DECREED that after said sale has been completed, the Sheriff of Cuyahoga County convey to the purchaser said real property and that a Writ of Possession of said property be issued.

14 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there may be due Plaintiff, additional sums advanced by it under the terms of the note and mortgage to pay real estate taxes, hazard insurance premiums, and property protection, which sums are to be determined by further Order. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, if a successful sale occurs, the parties are ordered to file any motions for reimbursement of advances pursuant to R.C within 21 days from the sale. A party may move the Court to extend this deadline for good cause shown. No party will be granted reimbursement for advances if such a motion is not filed before this deadline. Within seven (7) days from the filing of a motion for reimbursement, a party may file a brief in opposition. The Court will then make a careful examination of the sale pursuant to the applicable statutes. If, however, this case does not involve advances or no mortgagee intends to seek advances, a party may file a notice to this effect within seven (7) days of the sale. Where such notice is filed, no party filing such notice will be granted reimbursement for advances and the Court will make a careful examination of the sale pursuant to the applicable statutes upon the return of the order of sale. A party may redeem before confirmation of the sale. Nothing in this order prevents the Court from staying the confirmation of sale to permit a property owner additional time to redeem. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that pursuant to Civ.R. 54(B), there is no just reason for delay. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to Civ.R. 58(B), the Clerk of Courts must serve, in a manner prescribed by Civ.R. 5(B), all parties not in default for failure to appear notice of this judgment and its date of entry upon the journal and must note the service on the appearance docket. IT IS SO ORDERED. JUDGE TO THE CLERK: PURSUANT TO CIV.R. 58(B) THIS IS A FINAL APPEALABLE ORDER. PLEASE SERVE UPON ALL PARTIES NOT IN DEFAULT FOR FAILURE TO APPEAR NOTICE OF THE JUDGMENT AND ITS DATE OF ENTRY UPON THE JOURNAL.

15 Exhibit A Legal Description Situated in the City of Highland Heights, County of Cuyahoga and State of Ohio: And known as being Sublot No. 22 in Millridge Subdivision No. 3, of part of Original Mayfield Township Lot No. 20, Tract No. 2, as shown by the recorded plat in Volume 190 of Maps, Page 44 of Cuyahoga County Records, as appears by said plat, be the same more or less, but subject to all legal highways. Permanent Parcel Number(s): Premises commonly known as: 1010 Millridge Road, Highland Heights, OH END OF LEGAL DESCRIPTION