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State ex rel. Zein v. Calabrese

Court of Appeals of Ohio, Eighth District, Cuyahoga

October 23, 2017

STATE EX REL. FATIMA Y. ZEIN, INDIVIDUALLY ETC. RELATOR
v.
HON. DEENA R. CALABRESE RESPONDENT

         Writ of Prohibition Motion No. 509870 Order No. 510911

          ATTORNEY FOR RELATOR Michael Aten

          ATTORNEYS FOR RESPONDENT Michael C. O'Malley Cuyahoga County Prosecutor By: Nora Graham Assistant

          JOURNAL ENTRY AND OPINION

          PATRICIA ANN BLACKMON, JUDGE

         {¶1} The relator, Fatima Y. Zein, individually and as trustee of the Araam Revocable Trust, has filed a complaint for a writ of prohibition. Zein seeks to prevent the respondent, Judge Deena R. Calabrese, from entering an order of sheriffs sale with regard to real property that is the subject of a foreclosure action in Park View Fed. Sav. Bank v. Zein, Cuyahoga C.P. No. CV-14-832518. Judge Calabrese has filed a motion for summary judgment. For the following reasons, we grant Judge Russo's motion for summary judgment and decline to issue a writ of prohibition.

         THE FACTS

         {¶2} The following facts, that are pertinent to this original action, are gleaned from the complaint for a writ of prohibition, Judge Calabrese's motion for summary judgment, and the various briefs filed by the parties.

         {¶3} On July 3, 2012, Park View Federal Savings Bank filed a foreclosure action against Zein. On June 20, 2013, CitiFinancial, Inc. and the treasurer of Cuyahoga County were added as defendants. On May 4, 2015, Woods Cove III, L.L.C. was granted leave to intervene and file an answer with cross-claims in the foreclosure action. The cross-claims of Woods Cove were based upon its purchase of outstanding real estate tax lien certificates B203-1-1459 and S2014-2-891.

         {¶4} On February 15, 2017, a magistrate's decision with findings of fact and conclusions of law was journalized. The magistrate's decision provided that:

This case was submitted to the Magistrate and heard upon the Complaint and Motions for Default Judgment and Summary Judgment of Plaintiff, Park View Federal Savings Bank
("Plaintiff), the Motion to Substitute Plaintiff to the First National Bank of Pennsylvania, the Answers of Defendants Fatima Y. Zein, individually, Fatima Y. Zein, Trustee of The Araam Revocable Trust, CitiFinancial, Inc., the Cuyahoga County Treasurer, and the answer and cross claim of Defendant Woods Cover III, LLC Defendants Fatima Y. Zein and Fatima Y. Zein, Trustee of the Araam Revocable Trust Motion to Vacate Judgment and Motion to Stay Proceedings in Execution plus various other motions listed on the docket and the evidence.
After hearing on Defendants Fatima Y. Zein and Fatima Y. Zein, Trustee of the Araam Revocable Trust Motion to Vacate Judgment and Motion to Stay Proceedings In Execution, the Court issued an order vacating the prior Judgment and Decree of Foreclosure issued on 01/08/2014. This Magistrate Decision is issued to include the interests of Defendants CitiFinancial and Woods Cove III, LLC.
* * *
The Magistrate finds that there is due Defendant Woods Cove III, LLC the amounts owed on the tax certificates attached to its answer and crossclaim and any additional tax certificates it acquires from the Treasurer prior to the date of Sheriffs sale. While unascertainable at this time, the exact amount owed to the tax certificate holder on its liens will ...

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