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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2021-11-15
Status INACTIVE
Type Tax Foreclosure
Docket 95 entries

Parties

Plaintiff Treasurer Of Cuyahoga County, Oh
Defendant Sidney Howard|United States Department Of Treasury Internal Revenue Service C/o United States Attorney's Office For Northern District Of Ohio|United States Department Of Treasury Internal Revenue Service|State Of Ohio Department Of Job & Family Services|State Of Ohio, Department Of Taxation
Photo of Hon. Kenneth R Callahan

Judge

Hon. Kenneth R Callahan

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. JUDGMENT ENTRY(52303388) SENT BY EMAIL. TO: MICHAEL H SHAUT [email protected]
  3. JUDGMENT ENTRY(52303387) SENT BY EMAIL. TO: EDMUND G. TALLOS [email protected]
  4. JUDGMENT ENTRY(52303386) SENT BY EMAIL. TO: CORY STEINMETZ [email protected]
  5. JUDGMENT ENTRY(52303385) SENT BY EMAIL. TO: JAMES R. BENNETT [email protected]
  6. JUDGMENT ENTRY(52303384) SENT BY EMAIL. TO: JAMES R. BENNETT [email protected]
  7. THE MOTION OF DEFENDANT UNITED STATES DEPARTMENT OF TREASURY INTERNAL REVENUE SERVICE ("U.S.A.") FOR SUPPLEMENTAL JUDGMENT ENTRY AND AMENDED ORDER OF DISTRIBUTION IS GRANTED. AS THERE WILL BE NO FUNDS REMAINING AFTER DISTRIBUTION TO THE U.S.A., DEFENDANT SIDNEY HOWARD'S MOTION TO DISTRIBUTE EXCESS FUNDS IS DENIED. O.S.J. . NOTICE ISSUED
  8. MOTION FOR DISTRIBUTION / DISBURSEMENT OF FUNDS FILED BY D2 UNITED STATES DEPARTMENT OF TREASURY INTERNAL REVENUE SERVICE MOTION FOR SUPPLEMENTAL JUDGMENT AND AMENDED ORDER OF DISTRIBUTION AND BRIEF IN SUPPORT 11/06/2023 - GRANTED
  9. USPS RECEIPT NO. 50854709 DELIVERED BY USPS 06/24/2023 HOWARD/SIDNEY/ PROCESSED BY COC 06/28/2023.
  10. JUDGMENT DEBTOR NOTICE(50854709) SENT BY CERTIFIED MAIL. TO: SIDNEY HOWARD 20300 MORRIS AVE EUCLID, OH 44123-0000
  11. WRIT FEE
  12. DEFENDANT SIDNEY HOWARD HAS MOVED FOR DISTRIBUTION OF THE SHERIFF'S SALE PROCEEDS. AS TO STATE LIENHOLDERS, DEFENDANT'S MOTION IS TAKEN AS A DISPUTE TO THE AMOUNT, VALIDITY, OR PRIORITY OF THE STATE LIEN OR LIENS UNDER R.C. 2329.192(B)(6). THE COURT NOTES THAT BOTH THE STATE OF OHIO, DEPARTMENT OF TAXATION AND THE UNITED STATES OF AMERICA HAVE FILED ANSWERS ASSERTING AN INTEREST IN THE REAL PROPERTY. ALL PARTIES CLAIMING AN INTEREST IN THE SHERIFF SALE PROCEEDS SUPERIOR TO THAT OF DEFENDANT SIDNEY HOWARD MUST MOVE FOR SUPPLEMENTAL DISTRIBUTION ON OR BEFORE JUNE 30, 2023. FAILURE TO DO SO WILL CONSTITUTE A WAIVER OF THE PRIORITY OF SAID INTERESTS WITH REGARD TO THE INTEREST OF DEFENDANT SIDNEY HOWARD AND ANY OTHER PARTY THAT MOVES FOR SUPPLEMENTAL DISTRIBUTION PURSUANT TO THIS ORDER. NOTICE ISSUED
  13. MOTION FOR DISTRIBUTION / DISBURSEMENT OF FUNDS FILED BY D1 SIDNEY HOWARD 11/06/2023 - DENIED
  14. DEPOSIT AMOUNT PAID SHERIFF
  15. CLERK TO HOLD SALE FUNDS FOR COST AND OR FUTURE ORDER OF THE COURT $10,246.20
  16. CASE REFUND TO CUYAHOGA COUNTY PROSECUTOR
  17. DEPOSIT AMOUNT PAID SHERIFF
  18. DEPOSIT REQUIRED FOR COURT COST TO CLERK $519.01 SHERIFF
  19. APPELLANT'S 9112766 RECORD TRANSMITTED TO THE COURT OF APPEALS CONSISTING OF THE CERTIFIED COPY OF THE DOCKET, JOURNAL ENTRIES AND THE ORIGINAL PAPERS ON CA NO. 112766.
  20. Sua sponte, the appeal is dismissed because it is moot. "Where a defendant in a foreclosure action fails to obtain a stay of the distribution of the proceeds, any appeal therefrom is moot because 'the matter has been extinguished through satisfaction of the judgment, the individual subject matter of the case is no longer under the control of the court and the court cannot afford relief to the parties to the action.'" Blisswood Village Home Owners Assn. v. Genesis Real Estate Holdings Group, L.L.C., 8th Dist. Cuyahoga No. 105861, 2018-Ohio-1092, ¶ 13, quoting Bankers Trust Co. of Cal., N.A. v. Tutin, 9th Dist. Summit No. 24329, 2009-Ohio-1333, ¶ 16. Once a judgment is satisfied, the appeal is rendered moot. Blodgett v. Blodgett 49 Ohio St.3d 243, 245 (1990); Hagood v. Gail, 105 Ohio App.3d 780, 785 (11th Dist.1995). A review of the trial court's docket shows the no stay was obtained, the sale has been confirmed, and the proceeds distributed. Therefore, because the judgment has been satisfied, the appeal is moot. Appeal is dismissed. Notice issued.
  21. TO COURT: 05/26/2023 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: ROOTS CONSTRUCTION LLC ........................................................................................... FOR $27,500.00 DATE OF SALE 04/05/2023 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  22. NOTICE OF APPEAL FILED
  23. -------------------- NOTICE OF APPEAL -------------------- CA NO. 112766 NOTICE OF APPEAL FILED BY THE DEFT. APPELLANT W/A 9A PRAECIPE AND DOCKETING STATEMENT ON THE REGULAR CALENDAR.
  24. CERTIFIED COPY OF JUDGMENT ENTRY OF CONFIRMATION OF SALE SENT TO SHERIFF OF CUYAHOGA COUNTY, OHIO CIVIL DIVISION, OFFICE OF THE FISCAL OFFICER, & TREASURER CUYAHOGA COUN TY
  25. CONFIRMATION OF SALE (PRIVATE PURCHASER)
  26. OOS ORDER OF SALE RETURNED 4/6/2023, SOLD DATE 4/5/2023 SOLD TO: ROOTS CONSTRUCTION LLC FOR $27,500.00
  27. REAL AUCTION TAX DELINQUENT
  28. ON THIS DATE 03/06/2023 ORDER OF SALE ISSUED TO SHERIFF - NONPRODUCTIVE LAND. THE ABOVE CAPTIONED CASE IS SCHEDULED FOR SHERIFF SALES ON 04/05/2023 AT 09:00 AM AT HTTPS:\\CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV; IF THE PROPERTY IS NOT SOLD AT FIRST SALE A SECOND SALE AT THE SAME LOCATION IS SCHEDULED FOR 04/19/2023 AT 09:00 AM NOTICE ISSUED PARCEL(S): 671-09-071
  29. JUDGMENT ENTRY(48831298) SENT BY REGULAR MAIL SERVICE. TO: SIDNEY HOWARD 20300 MORRIS AVE EUCLID, OH 44123-0000
  30. JUDGMENT ENTRY(48831297) SENT BY EMAIL. TO: EDMUND G. TALLOS [email protected]
  31. JUDGMENT ENTRY(48831296) SENT BY EMAIL. TO: CORY STEINMETZ [email protected]
  32. JUDGMENT ENTRY(48831295) SENT BY EMAIL. TO: JAMES R. BENNETT [email protected]
  33. JUDGMENT ENTRY(48831294) SENT BY EMAIL. TO: JAMES R. BENNETT [email protected]
  34. ORDER ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
  35. MAGISTRATE'S DECISION(48638763) SENT BY REGULAR MAIL SERVICE. TO: SIDNEY HOWARD 20300 MORRIS AVE EUCLID, OH 44123-0000
  36. MAGISTRATE'S DECISION(48638762) SENT BY EMAIL. TO: EDMUND G. TALLOS [email protected]
  37. MAGISTRATE'S DECISION(48638761) SENT BY EMAIL. TO: CORY STEINMETZ [email protected]
  38. MAGISTRATE'S DECISION(48638760) SENT BY EMAIL. TO: JAMES R. BENNETT [email protected]
  39. MAGISTRATE'S DECISION(48638759) SENT BY EMAIL. TO: JAMES R. BENNETT [email protected]
  40. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  41. TAX HEARING HELD BY MAGISTRATE. BASED ON THE EVIDENCE ATTACHED TO THE COMPLAINT THE MAGISTRATE FINDS THAT PLAINTIFF IS ENTITLED TO A DECREE OF FORECLOSURE. THE MAGISTRATE WILL ISSUE A MAGISTRATE'S DECISION MAKING SPECIFIC FINDINGS AS TO THE RIGHTS AND LIABILITIES OF THE PARTIES. NOTICE ISSUED
  42. TELEPHONE TAX HEARING SET FOR 09/20/2022 AT 03:15 PM. ANY PARTY MAY APPEAR AT THE TELEPHONE HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  43. PLAINTIFF'S MOTION TO SET DATE FOR TAX HEARING IS GRANTED. THE CASE WILL BE SET FOR TAX HEARING BY SEPARATE ORDER. NOTICE ISSUED
  44. NOTICE FILED BY P1 TREASURER OF CUYAHOGA COUNTY, OH ATTORNEY EDMUND G. TALLOS 0073224 NOTICE OF FILING MILITARY
  45. NOTICE FILED BY P1 TREASURER OF CUYAHOGA COUNTY, OH ATTORNEY EDMUND G. TALLOS 0073224 NOTICE OF FILING FINAL
  46. NOTICE FILED BY P1 TREASURER OF CUYAHOGA COUNTY, OH ATTORNEY EDMUND G. TALLOS 0073224 NOTICE OF FILING CITY LAND
  47. MOTION FILED FOR P1 TREASURER OF CUYAHOGA COUNTY, OH EDMUND G. TALLOS 0073224 MOTION TO SET HEARING 08/18/2022 - GRANTED
  48. CERTIFIED MAIL RECEIPT NO. 46857326 RETURNED BY U.S. MAIL DEPARTMENT 03/04/2022 UNITED STATES DEPARTMENT OF TREASURY INTERNAL REVENUE SERVICE MAIL RECEIVED AT ADDRESS 03/09/2022 TENDERED TO AGENT FOR FINAL DELIVERY
  49. USPS RECEIPT NO. 46857325 DELIVERED BY USPS 03/05/2022 HOWARD/SIDNEY/ PROCESSED BY COC 03/09/2022.
  50. SUMS COMPLAINT(46857326) SENT BY CERTIFIED MAIL. TO: UNITED STATES DEPARTMENT OF TREASURY INTERNAL REVENUE SERVICE US COURTHOUSE 801 WEST SUPERIOR AVE., STE 400 CLEVELAND, OH 44113-0000
  51. SUMS COMPLAINT(46857325) SENT BY CERTIFIED MAIL. TO: SIDNEY HOWARD 20300 MORRIS AVE EUCLID, OH 44123-0000
  52. SUMMONS E-FILE COPY COST
  53. SUMMONS E-FILE COPY COST
  54. WRIT FEE
  55. WRIT FEE
  56. REQUEST FOR SERVICE FILED INSTRUCTION FOR SERVICE
  57. CERTIFIED MAIL NUMBER 46302241 ADDRESSED TO SIDNEY HOWARD(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  58. ANSWER FILED BY DEFENDANT(S) UNITED STATES DEPARTMENT OF TREASURY INTERNAL REVENUE SERVICE(D2) and UNITED STATES DEPARTMENT OF TREASURY INTERNAL REVENUE SERVICE(D3) ATTORNEY JAMES R. BENNETT 0071663 ANSWER OF THE UNITED STATES OF AMERICA
  59. CERTIFIED MAIL NUMBER 46019245 ADDRESSED TO UNITED STATES DEPARTMENT OF TREASURY INTERNAL REVENUE SERVICE(D3) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  60. SUMS COMPLAINT(46302241) SENT BY CERTIFIED MAIL. TO: SIDNEY HOWARD 20300 MORRIS AVE EUCLID, OH 44123-0000
  61. SUMMONS E-FILE COPY COST
  62. WRIT FEE
  63. NOTICE FILED BY P1 TREASURER OF CUYAHOGA COUNTY, OH ATTORNEY EDMUND G. TALLOS 0073224 CHANGE OF ADDRESS
  64. NOTICE OF CHANGE OF ADDRESS FILED P1 TREASURER OF CUYAHOGA COUNTY, OH, EDMUND G. TALLOS 0073224 CHANGE OF ADDRESS
  65. REQUEST FOR SERVICE FILED INSTRUCTION FOR SERVICE
  66. NOTICE OF CHANGE OF ADDRESS FILED P1 TREASURER OF CUYAHOGA COUNTY, OH, EDMUND G. TALLOS 0073224 CHANGE OF ADDRESS
  67. CERTIFIED MAIL RECEIPT NO. 46019243 RETURNED 12/20/2021 FAILURE OF SERVICE ON DEFENDANT HOWARD/SIDENY/ - RETURN TO SENDER NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  68. ANSWER FILED BY D5 STATE OF OHIO, DEPARTMENT OF TAXATION ATTORNEY CORY STEINMETZ 0092319 THE STATE OF OHIO DEPARTMENT OF TAXATION
  69. ANSWER FILED BY D4 STATE OF OHIO DEPARTMENT OF JOB & FAMILY SERVICES ATTORNEY CORY STEINMETZ 0092319 THE STATE OF OHIO DEPARTMENT OF JOB AND FAMILY SERVICES
  70. USPS RECEIPT NO. 46019247 DELIVERED BY USPS 11/22/2021 STATE OF OHIO, DEPARTMENT OF TAXATION PROCESSED BY COC 12/01/2021.
  71. USPS RECEIPT NO. 46019246 DELIVERED BY USPS 11/20/2021 STATE OF OHIO DEPARTMENT OF JOB & FAMILY SERVICES PROCESSED BY COC 11/24/2021.
  72. CERTIFIED MAIL RECEIPT NO. 46019243 RETURNED 11/20/2021 FAILURE OF SERVICE ON DEFENDANT HOWARD/SIDENY/ - NO SUCH NUMBER NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  73. MAGISTRATE DEAN K HEGYES ASSIGNED (MANUALLY)
  74. SUMS COMPLAINT(46019247) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF TAXATION 150 E. GAY STREET, 21ST FLOOR. COL, OH 43215
  75. SUMS COMPLAINT(46019246) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF JOB & FAMILY SERVICES 30 EAST BROAD ST., 32ND FL. COLUMBUS, OH 43215
  76. SUMS COMPLAINT(46019245) SENT BY CERTIFIED MAIL. TO: UNITED STATES DEPARTMENT OF TREASURY INTERNAL REVENUE SERVICE C/O THE UNITED STATES ATTORNEY GENERAL 950 PENNSYLVANIA AVE., NW WASHINGTON, DC 20530
  77. SUMS COMPLAINT(46019243) SENT BY CERTIFIED MAIL. TO: SIDENY HOWARD 1601 LAKEFRONT AVENUE EAST CLEVELAND, OH 44112
  78. IT IS ORDERED BY THE COURT THAT THIS CAUSE BE REFERRED TO THE COURT MAGISTRATE TO TRY THE ISSUES OF LAW AND FACT ARISING THEREIN AND REPORT WITHOUT UNNECESSARY DELAY. NOTICE ISSUED
  79. SUMMONS E-FILE COPY COST
  80. SUMMONS E-FILE COPY COST
  81. SUMMONS E-FILE COPY COST
  82. WRIT FEE
  83. WRIT FEE
  84. WRIT FEE
  85. SUMMONS E-FILE COPY COST
  86. SUMMONS E-FILE COPY COST
  87. WAIVER OF SER. OF SUM. REQUEST(46019244) SENT BY PLAINTIFF. TO: UNITED STATES DEPARTMENT OF TREASURY INTERNAL REVENUE SERVICE C/O UNITED STATES ATTORNEY'S OFFICE US COURTHOUSE 801 WEST SUPERIOR AV CLEVELAND, OH 44113
  88. WRIT FEE
  89. JUDGE NANCY R MCDONNELL ASSIGNED (RANDOM)
  90. LEGAL RESEARCH
  91. LEGAL AID
  92. COMPUTER FEE
  93. CLERK'S FEE
  94. LEGAL NEWS
  95. DEPOSIT AMOUNT PAID EDMUND G. TALLOS Draw Down Account 00DD01DR

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