Court of Appeals of Ohio, Eighth District, Cuyahoga
STATE EX REL. FATIMA Y. ZEIN, INDIVIDUALLY ETC. RELATOR
HON. DEENA R. CALABRESE RESPONDENT
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
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 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.
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.
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
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 ...