RULE 11

FORECLOSURES

Misc. No. 325

DUE TO THE DRAMATIC INCREASE OF FORECLOSURE ACTIONS FILED AND THE NUMBER OF CLAIMS FILED BY PARTIES OTHER THAN THE ORIGINAL MORTGAGEE AND NOTE HOLDER, THE JUDGES OF THE COMMON PLEAS COURT - GENERAL DIVISION HAVE DETERMINED THAT WHEN A FORECLOSURE CASE IS FILED THE USE OF A CERTIFICATE OF READINESS IS NECESSARY TO ALLOW THAT SUBSTANTIAL JUSTICE BE DONE AND TO ENSURE JUDICIAL EFFICIENCY. CURRENT CIRCUMSTANCES ALSO REQUIRE A MODIFICATION OF THE TIME IN WHICH TO FILE THE PRELIMINARY JUDICIAL REPORT, SHORTENING THE TIME TO FILE SUCH PRELIMINARY JUDICIAL REPORT FROM SIXTY DAYS AFTER FILING THE COMPLAINT TO CONTEMPORANEOUS WITH THE FILING OF PLAINTIFF'S COMPLAINT.

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IT IS HEREBY ORDERED, PURSUANT TO CIVIL RULE 53, THAT ALL FORECLOSURE CASES THE COURT CONSIDERS APPROPRIATE FOR MEDIATION BY THE COURT'S MEDIATION DEPARTMENT SHALL BE GIVEN A LIMITED ORDER OF REFERENCE TO THE GENERAL DIVISION MAGISTRATE.

SUCH ORDER OF REFERENCE SHALL COMMENCE UPON THE FILING OF THE REFERRAL ORDER TO MEDIATION BY THE COURT, AND TERMINATE UPON COMPLETION OF THE INITIAL SETTLEMENT CONFERENCE WITH THE FORECLOSURE SPECIALIST AND, IF APPROPRIATE, TRANSFER OF THE CASE TO THE MEDIATION DEPARTMENT FOR SCHEDULING OF A FULL MEDIATION, OR A RETURN OF THE CASE TO THE COURT IF NOT SENT TO MEDIATION. THE MAGISTRATE SHALL UNDERTAKE ALL ACTIONS NECESSARY TO ADDRESS ALL ISSUES RELATED TO THE TIME FRAME SET OUT ABOVE.

11.01 Title Evidence; Preliminary Judicial Report and Certificate of Readiness

In actions for the marshaling and foreclosure of liens on real property or partition of real estate, a Preliminary Judicial Report shall be filed with the Clerk by the attorney for the plaintiff at the time of the filing of the complaint. This shall serve as evidence of the state of the record title of the real property in question. Said report may be prepared by an attorney or a competent abstractor or title company. A copy, certified by the attorney or a photographic copy of the original evidence of title, may be filed with the Clerk in lieu of the original, and shall become and remain a part of the case file. Along with the filing of the Preliminary Judicial Report, the attorney shall file a Certificate of Readiness and any required supporting documentation, demonstrating that plaintiff is the real party in interest and the matter is ready to proceed against all necessary parties. This shall be signed by the attorney. The complaint, the Preliminary Judicial Report and the Certificate of Readiness shall be filed as separate documents at the same time and shall be separately time-stamped with the complaint being filed first.

THIS ORDER SHALL BE EFFECTIVE JUNE 1, 2008 AND ALL FORECLOSURE FILINGS SHALL BE BOUND BY THE AMENDED LOCAL RULES AFTER THIS DATE.

11.02 Failure to Provide Evidence

If a Preliminary Judicial Report and the Certificate of Readiness, along with all supporting documentation, are not presented to be filed at the time of the filing of the complaint, the Clerk of Courts shall not accept such complaint for filing.

THIS ORDER SHALL BE EFFECTIVE JUNE 1, 2008 AND ALL FORECLOSURE FILINGS SHALL BE BOUND BY THE AMENDED LOCAL RULES AFTER THIS DATE.

11.03 Final Judicial Report

(A) THE FINAL JUDICIAL REPORT MUST INCLUDE THE CORRECT LEGAL DESCRIPTION, PARCEL, AND ROUTING NUMBERS FOR SUCH PROPERTY TAKEN FROM THE PROPERTY DEED AS APPROVED AND RELEASED BY THE COUNTY FISCAL OFFICER'S PROPERTY DEED TRANSFER DIVISION. THREE (3) COPIES OF THE PROPERTY DESCRIPTION APPROVAL FORM AND THE APPROVED LEGAL DESCRIPTION SHALL BE FILED AND TIME STAMPED WITH THE CLERK'S OFFICE AND SHALL BE ATTACHED TO THE FILING OF THE FINAL JUDGMENT ENTRY IN THE FORECLOSURE CASE. THE CLERK WILL ATTACH ONE COPY OF THE FINAL JUDICIAL REPORT IN RETURN THE (2) TWO COPIES TO THE PARTY FILING THE FINAL JUDICIAL REPORT WHICH SHALL THEN BE ATTACHED TO THE PRECIPE. A Final Judicial Report shall be issued and filed with the Clerk before the Decree of Foreclosure or Decree of Partition is filed. Said report shall state the method of service on each of the parties and shall include a statement indicating whether any additional liens or mortgages have been filed since the date the Preliminary Judicial Report was issued.

(B) PROPERTY DESCRIPTION APPROVAL FORM

THE PRESCRIBED PROPERTY DESCRIPTION APPROVAL FORM ADOPTED BY THE COURTS WILL BE MADE AVAILABLE ON THE FISCAL OFFICER'S WEBSITE, SHERIFF'S WEBSITE, OFFICE OF DEED TRANSFER AND AT THE SHERIFF'S SALES.

11.04 Expenses for Title Evidence

Expenses of the title work required under this Rule shall include a base search fee not to exceed Two Hundred Dollars ($200.00), plus a premium on the Judicial Report issued, based on the fair market value of the property or in the case of a foreclosure, the balance due on the first mortgage or such additional amount as may be allowed by the Court for each property involved. Said cost shall be taxed as part of the costs in said cause. No action commenced pursuant to this Rule shall be dismissed without first having paid the Judicial Title costs allowable under this Rule.

11.05 Treasurer as Party Defendant

In all foreclosure actions it shall not be necessary to name the Summit County Treasurer as a party unless a party is contesting the amount of real estate taxes or the Treasurer holds a personal property tax lien on the premises. In all actions in which the Treasurer has been named a party, and in which the taxes are not in dispute nor is there a personal property tax lien, the Treasurer need not file an answer to the complaint or to any crossclaims, but shall be served with a copy of the Confirmation of Sale or the dismissal entry.

11.06 Notification of Sheriff's Sale

The party who has requested that an Order of Sale be issued, shall no later than two (2) weeks prior to the sale scheduled thereon, serve upon all counsel of record, a photocopy of the advertisement of Sheriff's sale by mailing it, regular U.S. Mail, postage prepaid.

11.07 Appraisers' Fees

In all actions in which the Summit County Sheriff is called upon to appoint appraisers to appraise real property for the purpose of conducting a judicial sale, the appraisal fees shall be taxed as costs in the action, and each appraiser so appointed shall be compensated and receive fees based upon the Summit County FISCAL OFFICER, Auditor's DIVISION'S, last tax appraisal of the property as shown by the APPRAISAL RECORDS.

11.08 Payment of Real Estate Taxes:

In all foreclosure actions and Sheriff Sales, the parties shall pay all required real estate taxes directly to the Summit County Treasurer. Real estate taxes shall include delinquent, tax certificate liens, and current taxes. The parties shall obtain a verification form from the Treasurer's Office to be delivered to the Sheriff's Civil Division and/or attached to the Confirmation of Sale entry.

11.09 Foreclosure Order of Sale Publication Deposit

The General Division Judges have determined that it is in the best interest of Summit County to increase the filing fee for the Order of Sale Publication deposit to Six Hundred Twenty and No/100 dollars ($620.00) effective October 1, 2007. Commencing on October 1, 2007, the funds will be utilized for the purpose of foreclosure case management enhancement.

The revenue funds shall be disbursed as follows:

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