IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO JUDGE DANIEL T. HOGAN. THIS MATTER is before the Court on the Motion of Plaintiff Smart Federal

Similar documents
IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO

Sheriff Sale info from the Ohio Revised Code

IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY

COUNTY LAND REUTILIZATION CORPORATION. Summary of Ohio Statutory Foreclosure Proceedings

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

SELLER S SALE MEMORANDUM AND DEPOSIT RECEIPT

OCCUPANCY/ POSSESSION AT CLOSING. No work can be done on the property by purchaser until possession is given.

Wyandotte County, Kansas Tax Foreclosure Sale Instructions

Case JMC-7A Doc 1133 Filed 01/31/17 EOD 01/31/17 13:25:18 Pg 1 of 10 SO ORDERED: January 31, 2017.

Terms and Conditions of the Chemung County Tax Foreclosed Real Estate Auction

Do not trespass or disturb the homeowner or occupant! It is a crime to trespass on the Property. All properties are sold as-is, where-is.

Sample. Rider Clauses to Contract of Sale Seller

COUNTY OF WAYNE REAL PROPERTY AUCTION SALE Lyons High School Auditorium, 10 Clyde Rd., Lyons, NY June 13, 2018 at 6:00 p.m.

Case 2:12-cv BSJ Document 1429 Filed 11/13/18 Page 1 of 17

Guidelines and Procedures for the Disposal of Personal Property

SUMMIT COUNTY SHERIFF S SALES

GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS. THIS GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS is made

Idaho Escrow LLC ESCROW INSTRUCTIONS Document Safekeeping Only

Case 1:05-cv JDT-TAB Document 343 Filed 12/05/2007 Page 1 of 5

Ohio s updated foreclosure laws

Client Alert. A Pennsylvania Commercial Lender s Guide to Collecting Debts in New Jersey

SHERIFF'S SALE OF REAL ESTATE. Court of Common Pleas, Lorain County, Ohio

am Statement of Claim

MAINE FORECLOSURE LAW * June 19, Presented by: Stephanie A. Williams, Esq.

Senate Bill No. 301 Senator Smith

LONG TERM ESCROW INSTRUCTIONS

Case Doc 904 Filed 02/14/18 Entered 02/14/18 11:48:34 Desc Main Document Page 1 of 3 UNITED STATES BANKRUPTCY COURT DISTRICT OF MAINE

INFORMATION AND PROCEDURES CLINTON COUNTY TAX SALE. Wednesday, October 11, :00 AM

Case 1:05-cv JDT-TAB Document Filed 10/12/2007 Page 1 of 5

Third District Court of Appeal State of Florida

H 7816 S T A T E O F R H O D E I S L A N D

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF CANYON

H 7816 AS AMENDED S T A T E O F R H O D E I S L A N D

Summary of Sub SB 172 Modifying Ohio laws governing land reutilization programs and property tax foreclosures of abandoned lands

PURCHASE & SALE AGREEMENT

COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY ( C-PACE ) AGREEMENT

PROCEDURE FOR PURCHASING COUNTY OWNED PROPERTY This is for informational purposes only. These guidelines and procedures are subject to change.

ORDERED in the Southern District of Florida on September 12, 2012.

FRACTIONAL INTEREST AGREEMENT

Thursday April 23 rd at 2:31 PM

The NYSAuctions.com Team

IC Chapter 1.7. Abandoned Manufactured Homes in Mobile Home Communities

WELLS SANITARY DISTRICT POLICY FOR DISPOSITION OF SEWER LIEN FORECLOSURE ACQUIRED PROPERTY

COMBINED NOTICE OF SHERIFF S SALE OF REAL PROPERTY AND RIGHT TO CURE AND REDEEM #

NOTICE TO COURT OF DECEDENT S MEDICAID STATUS

Case 2:12-cv BSJ Document 1430 Filed 11/13/18 Page 1 of 8

As Reported by the Senate Agriculture Committee. 132nd General Assembly Regular Session Sub. H. B. No

ATTACHMENT A MEMORANDUM OF UNDERSTANDING. THIS MEMORANDUM OF UNDERSTANDING (this "Memorandum") is made and

AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR THE VILLAGE AT WORTHINGTON CROSSING CONDOMINIUMS

Hillside Executive Realty Corp Real Property Management

THE TAX SALE PROCESS

TAX CERTIFICATE SALE/PURCHASE AGREEMENT

11/5/2015. Kevin Heaney, Crowley Fleck, PLLP. Montana Land Title Association Fall Education Seminar

THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.

FIFTH AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HICKS AIRFIELD, TARRANT COUNTY, TEXAS

IN THE DISTRICT COURT OF McPHERSON COUNTY, KANSAS

THIS CONTRACT HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.

NORTH CAROLINA DEED OF TRUST NORTH CAROLINA HOUSING FINANCE AGENCY $15,000 DPA Program Only

STRAND MANAGEMENT GROUP, LLC RESIDENTIAL MANAGEMENT AGREEMENT

EXHIBIT A. Picture of Sign N/A

Real Estate Foreclosure & Loss Mitigation

GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS. THE GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS (this

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION SECURITIES AND EXCHANGE COMMISSION,

DEED OF TRUST (For use in the State of Washington only)

DEED OF TRUST (For use in the State of Washington only)

COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY ( C-PACE ) AGREEMENT

Online Bidding available at

SURPLUS PROPERTY BID PACKAGE

Gottschalks Inc. 7 River Park Place East Fresno, California Attention: James R. Famalette, Chairman and Chief Executive Officer

As Passed by the Senate. Regular Session Am. Sub. H. B. No

Open Negotiation. Authority to conduct the sale of land or strata title by Open Negotiation

Municipality of Anchorage PURCHASE AND SALE AGREEMENT FOR LOT 17, NEVILLA PARK SUBDIVISION

MISSION STATEMENT LCLB PURPOSE PRIORITIES & POLICIES. 1. Policies Governing the Acquisition of Properties

DEED OF TRUST (For use in the State of Washington only)

IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO. Plaintiff-Appellee : C.A. CASE NO

STATE OF WISCONSIN CIRCUIT COURT MILWAUKEE COUNTY. Plaintiffs, Case No. 17CV5769 MOTION TO APPROVE TRANSITION OF FACILITIES TO NEW OPERATORS

ADMINISTRATIVE POLICY 11-01

SHERIFF SALE 28, 2017 LOCATION

REAL ESTATE PURCHASE AND SALE CONTRACT

VACANT LAND PURCHASE AGREEMENT

PROPERTY INFORMATION PACKAGE #

SHERIFF SALE 14, 2017 LOCATION

Wayne County Title Agency, Inc. 141 E. Liberty Street Wooster, OH Phone Fax

EXCHANGE AGREEMENT. WHEREAS, Exchanger entered into an dated (the "Purchase Agreement") for the sale of the Relinquished Property to ; and

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE

Real Estate Bidder's Packet 27 March 2018

AN ACT RELATING TO REAL ESTATE DEEDS OF TRUST; DESIGNATING PRIORITY AND TIME PERIODS FOR REDEMPTION RIGHTS AFTER JUDICIAL

Owners Full Name(s): (hereinafter, Sellers )"

SCHEDULE A FIDELITY NATIONAL TITLE INSURANCE COMPANY Prepared By: BNT of Alabama, LLC

NC General Statutes - Chapter 116B Article 1 1

DEED OF TRUST PUBLIC TRUSTEE

Boston National Title Agency, LLC. 129 West Trade St, 9th Floor. Charlotte NC 28202

Policy Amount. Proposed Insured: Purchaser with contractual rights under a purchase agreement with the vested owner identified at Item 4 below

NOTICE TO COURT OF DECEDENT S MEDICAID STATUS

AUCTION REAL ESTATE PURCHASE AGREEMENT (This is a legally binding contract; if not understood, seek competent advice before signing.

Case JMC-7A Doc 738 Filed 12/08/16 EOD 12/08/16 15:01:37 Pg 1 of 10 SO ORDERED: December 8, 2016.

DEED OF TRUST (For use in the State of Washington only) THIS DEED OF TRUST, made this day of, 20 between

FORECLOSURE SALE OF VALUABLE REAL ESTATE AT PUBLIC AUCTION

GENERAL ASSIGNMENT RECITALS

Estate Procedures for

Transcription:

IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO SMART FEDERAL CREDIT UNION, F/K/A FRANKLIN COUNTY SCHOOL EMPLOYEES FEDERAL CREDIT UNION vs. Plaintiff UNKNOWN ADMINISTRATOR, EXECUTOR, OR FIDUCIARY OF ESTATE OF JULIA F. BRADLEY A/K/A JULIA BRADLEY, DECEASED, et al. CASE NO. 14CV007028 JUDGE DANIEL T. HOGAN JUDGMENT ENTRY APPOINTING MASTER COMMISSIONER TO SELL REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND INTERESTS AND ESTABLISHING MINIMUM BID AT SALE Defendants THIS MATTER is before the Court on the Motion of Plaintiff Smart Federal Credit Union, F/K/A Franklin County School Employees Federal Credit Union ( Plaintiff ) to appoint a master commissioner with authority to conduct a public auction of and convey a commissioner s deed to the real property that is the subject of this action located at (the Real Property ) at 755 Worthington Forest Place, Columbus, OH 43229, Parcel Number 010-191003- 00, and further described on the attached Exhibit A, free and clear of all liens and interests and to direct that the minimum bid at the sale be set at $8,000.00 pursuant to O.R.C. 2329.52. In accordance with O.R.C. 2329.34, the Court finds that special reasons exist authorizing the appointment of a master commissioner, including but not limited to, the past successes of professionally marketed auction sales by auctioneers in lieu of the sheriff sale process and benefits all concerned parties including lien-holding creditors, defendants and

neighboring property owners. The condensed time-frame significantly reduces deterioration of the asset as well as vulnerability to criminal activity which lead to lower sale prices, overall recovery, and lowering values of neighboring properties. Further, appointing a master commissioner to conduct a public auction of the Real Property would greatly increase the chance of finding a bidder who would be willing to pay fair market value for the Real Property as he would be able to engage in a more expansive and focused pre-sale marketing campaign than that conducted for the sheriff sale. This expansive marketing campaign would enhance the sale process by reaching out to a greater number of potential bidders, thereby maximizing the ultimate sale price. Also, as the Real Property was appraised and failed twice to sell at the Sheriff s sale, the Court finds that directing the minimum bid at the Commissioner s sale is authorized by O.R.C. 2329.52, and is also appropriate as it would interest more bidders in attending the sale, facilitating the goals set forth above. Accordingly, the Court, being duly advised in the premises, finds the Motion to be welltaken and accordingly it is GRANTED. IT IS THEREFORE ORDERED that Barry Baker of Ohio Real Estate Auctions, LLC ( Commissioner ) is hereby appointed as master commissioner with authority to conduct a public auction of the Real Property and convey a commissioner s deed to the purchaser of the Real Property, free and clear of all liens and interests, in accordance with the following terms and conditions: 1. Prior to the auction, the Property shall be advertised via print advertising, real estate customer mailing lists, and in a national and regional internet listing website for a minimum of three weeks. The Commissioner will make the Real Property available for private viewing and public inspection prior to the sale of the Real Property.

2. The Property shall be advertised and sold with a 10% Buyer Premium (10% of highest bid). This Buyer Premium will be paid as commission to the Commissioner. In the event that Plaintiff or its assignee exercises its right to make a credit bid, and becomes the final bidder on the Property, it shall remit 1.5% of its credit bid to the Commissioner as the Commissioner s commission in lieu of the Buyer Premium. 3. The Property shall be sold as-is with no expressed or implied warranties. 4. The Court directs that the minimum bid at sale be set at $8,000.00. 5. Commissioner shall require the successful bidder to make a deposit of ten percent (10%) by cash or bank check payable to the title agency immediately upon acceptance of the bid. However, if the successful bidder is the Plaintiff, no deposit should be required. 6. If the successful bidder is a party other than the Plaintiff, require that the successful bidder pay the balance of the purchase price plus a buyer s premium equal to ten percent (10%) of the successful bid amount, in good funds upon closing to be disbursed to the Auctioneer as his fee. 7. Schedule the closing of the sale of the Real Property for 30 days from the date of this Court s order confirming the sale, employing a title agency, as directed by Plaintiff, as escrow agent to handle the collection and disbursement of the funds. 8. Plaintiff or its assignee shall be permitted to make a credit bid for the Real Property at the auction, with no deposit being required the day of sale. Further, it may submit its opening and maximum bids to the Commissioner prior to the sale, with instructions as to how those bids will be placed at the sale.

9. The advertising and marketing expenses of the Commissioner will be reimbursed either by Plaintiff or from the sale proceeds and shall not exceed the aggregate amount of $2,000.00. 10. Upon completion of the auction, Commissioner shall prepare and submit to the Court a report of the result of the auction. Plaintiff shall then submit to the Court for approval an Entry confirming the sale and ordering the distribution of the sale proceeds. 11. If there is a successful bidder, after entry of the confirmation order, Commissioner shall be authorized to prepare a deed on decree or order of sale and deliver to the successful bidder in exchange for full payment of the sale price, and then cause such proceeds to be distributed in accordance with the provisions of the confirmation order from the Court. IT IS FURTHER ORDERED that Plaintiff or its assignee, as the senior mortgage holder on the Real Property, shall be permitted to make a credit bid for the Real Property at the auction, with no deposit being required the day of sale. Further, it may submit its opening and maximum bids to the Commissioner prior to the sale, with instructions as to how those bids will be placed at the sale. If Plaintiff or its assignee is the successful bidder via credit bid, it shall provide sufficient funds to satisfy the payment of all necessary taxes, costs and fees for the Property, including, but not necessarily limited to: (a) (b) All real property taxes and assessments due and owing on the real property; Costs associated with the closing and transfer of the Real Property; (c) Costs of advertising and marketing the Real Property not to exceed $2,000.00; (d) The Commissioner s fees and expenses as set forth above. As this sale is being conducted by the Commissioner, no poundage or other statutory fee shall be paid to the Sheriff in conjunction with the sale of the Real Property.

IT IS FURTHER ORDERED that in connection with the marketing of the Property, the Commissioner is hereby authorized to place signs on the Real Property and to show the Real Property to potential bidders prior to the auction sale and is further authorized and empowered to preserve and protect the Real Property pending the auction, including the changing of locks, as the Commissioner deems necessary. IT IS FURTHER ORDERED that, with the exception of the lien of the Miami County Treasurer for unpaid real estate taxes and assessments, which lien shall be paid in full by the proceeds of the sale, the sale of the Real Property pursuant to this Order shall be free and clear of any and all liens, encumbrances and interests thereon and thereto. The Court further finds that there is no just reason for delay. SO ORDERED. APPROVED: WELTMAN, WEINBERG & REIS CO., L.P.A. /s/tina Woods Tina Woods (0068720) Attorney for Plaintiff 525 Vine Street, Suite 800 Cincinnati, Ohio 45202 Phone: 800-910-4249 Fax: (513) 723-2230 e-mail: twoods@weltman.com WWR #10131067

Franklin County Court of Common Pleas Date: 10-24-2015 Case Title: Case Number: Type: SMART FEDERAL CREDIT UNION -VS- UNKNOWN ADMIN ESTATE JULIA BRADLEY ET AL 14CV007028 JUDGMENT ENTRY It Is So Ordered. /s/ Judge William H. Woods Electronically signed on 2015-Oct-24 page 6 of 6

Court Disposition Case Number: 14CV007028 Case Style: SMART FEDERAL CREDIT UNION -VS- UNKNOWN ADMIN ESTATE JULIA BRADLEY ET AL Motion Tie Off Information: 1. Motion CMS Document Id: 14CV0070282015-10-0799980000 Document Title: 10-07-2015-MOTION - PLAINTIFF: SMART FEDERAL CREDIT UNION - MOTION TO APPOINT MASTER COMMISSIONER TO Disposition: MOTION GRANTED