Cuyahoga County Clerk of Courts

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1 Cuyahoga County Clerk of Courts

2 Cuyahoga County Clerk of Courts Case Origination Process through Sale/Forfeiture process The County Prosecutor s staff E-Files new complaints through our E-Filing Department for filing. All conventionally filed cases are originated on the first floor of the Justice Center in the Civil Department of the Clerk of Courts Office. The case number & Judge are auto assigned by our Case Management System. The file then proceeds to our Summons Department. The Summons Department enters all case information into the system. Summons are generated and issued pursuant to local and state rules for service of process. Different summons are issued for Tax and Board of Revisions cases. The summons informs the defendants of the process for responding to the complaint. Most initial service is done through FedEx($9-$13). Service to the United States Government, states outside of the continental U.S. (Alaska, Hawaii, Puerto Rico), and parties that have a PO Box, are served via certified mail from Midwest Direct($5-$8). Service to parties out of the country is done via Registered Mail($20 min). If a second attempt at service is needed, the Prosecutor s office E-files new instructions for service with a copy of the complaint. Service for second attempts is done via certified mail through Midwest Direct. If mail is returned as Refused from FedEx it is sent via ordinary mail. All subsequent pleadings and motions in Tax Foreclosures and BOR foreclosures are filed and entered on the docket at the First Floor Justice Center offices. A Magistrate s decision is then filed with our office and copies are mailed to all parties and/or their attorneys. A Final Decree of Foreclosure adopting the Magistrate s decision is signed by the Judge, journalized by a Deputy Clerk and a notice is issued.

3 Cuyahoga County Clerk of Courts Case Origination Process through Sale/Forfeiture process When our office receives the Final Decree, we begin processing costs by reviewing the case file to calculate and add any additional costs to the docket. Costs calculations of journal entries, notices issued, abstract to state ($2.00), recorders fee (depends on number of mortgages) and any other statutory fees. Prior to sale Prosecutors the Clerk s Office a Tax Delinquent list that is utilized to prepare Orders of Sale. The list provides us with the date the orders must be completed by, as well as, the two prescheduled dates of sale. The sales are held two weeks apart. (one month between issue date and sale date) We docket the issuance of the Order of Sale noting the dates. The Order of Sale includes the case number, parcel number, the type of sale and direction to the Sheriff s Office to sell the listed property according to the Ohio Revised Code. The Order of Sale is signed and sealed by a Deputy Clerk. A copy of the Magistrate s Decision is attached to the Order of Sale for reference. We deliver Orders of Sale to the Sheriff s Office so that a sale can be initiated.

4 Post sale Cuyahoga County Clerk of Courts Case Origination Process through Sale/Forfeiture process After a sale, the Sheriff s Office returns the Order of Sale packet to our office. A Report of Sale, that includes the outcome of the sale is attached. If the property is sold, we docket the return and include the following: Type of sale Parcel number Date sale was returned Purchaser & amount sold for Clerk s fees Legal news abstract fees Sheriff s fees The packet is then imaged and sent to the file for retention.

5 Cuyahoga County Clerk of Courts Case Origination Process through Sale/Forfeiture process The Clerk s Office will also receive a Confirmation of Sale. The Confirmation of Sale is journalized and entered on the docket. The Sheriff s Office receives a certified copy of the Confirmation of Sale. The Clerk s Office receives the appropriate payment of costs from the proceeds received by the Sheriff s Office. If the property is not sold, we docket the return and include the following: Type of sale Parcel number Date sale was returned Reason not sold Clerk s fees Legal news abstract fees Sheriff s fees In the event of a no sale, the Clerk s Office receives an order of forfeiture. The order generally directs the Clerk to send a certified copy of the Confirmation of Sale to the municipality.

6 Cuyahoga County Clerk of Courts Case Origination Process through Sale/Forfeiture Process Select Case Docket The Clerk of Court s web docket includes a listing by zip code that may be helpful for municipalities to monitor and update information regarding foreclosure filings.

7 After selecting yes to terms - select Foreclosure Search

8 There are multiple ways to search information, including a search by Zip code.

9 Important Contact Information La Tia Adams-Clerk of Courts Special Assistant Laura Black-Interim Chief of Staff/Mgr Civil Dept Mike Smotek-Finance Manager Devon Dadich-Finance Supervisor Kate Schnegg-E-Filing Supervisor