Monday, June 15, 2009

Avondale Tag sale goes on despite Legal Issues.

In some last minute, maneuvering the tag sale was held at 4008 Rose Hill despite the fact the court has ruled in favor of USBANK and the legality of anyone having legal authority was highly in question at this point.

Jerry Ball is apparently a principal both Waverly Auctions, who stopped their participation in the sale and "The Auction Gallery" who conducted the sale. In an email communication from Jerry Ball:

We will not be selling any fixtures. We are only selling all of the personal property out of the house via a tag sale. I informed Glenn, the one who I have contracted with to dispose of the giant clutter of a mess in this house, that we will only sell personal property and no fixtures!
Please stop by Sunday I would love to meet you personally and assure you I have no intentions of selling anything but personal property. I am doing everyone in this community a favor with the disposal of personal property from this place!
Jerry Ball
The Auction Gallery

It should be noted that I personally notified Waverly Auctions of which Jerry Ball is a principal of the legal issue. That in fact in a court case in Judge Luebbers Court an award was made to USBANK and a sheriff's sale was ordered by that court of the property at 4008 Rose Hill.

So with the Phrase, "We will not be selling any fixtures" They must feel will legally absolve them of any responsibility for Conspiracy, standing by watching attached items being sold by this "Mr Glenn" who according to the court documents has no standing as he is not a representative of the Sheriff's department or USBANK.

I received this email communication on Friday from a local Avondale resident:

"a neighborhood realtor stopped by yesterday with a client and said all the items in the house were tagged, and there were names on the windows, built-ins, etc., and someone there said the sale was going ahead as planned"

Waverly House has chosen to not host this sale.
This sale is now being offered by The Auction Gallery of Williamstown. They are accepting cash and checks only and are selling the contents only. Sale is 6am to 6pm Saturday and Sunday. If everything sells...they will close early.
If you have any questions at all, please feel free to contact us!
It should be a great sale!!

4008 Rose Hill Avenue Cincinnati, OH 45229

District 4 police are aware and have promised to respond if anyone is seen taking items that were attached to the house. I’m sure neighbors will be out there watching, but I wanted to let you know."

Friday afternoon I spoke with someone at the sheriff's office in the division that handles the Sheriff's sale and was informed that it would be illegal and In violation of the court ruling to remove attached property like mantles and lighting from the property as those were part of the house and that was awarded to the bank.

So their IS a legal issue, the Auction house and auctioneer Jerry Ball was clearly aware of this issue and decided to hold this sale anyway.

In Ohio A foreclosure Complaint is filed in county court where the defendant has 28 days to file an answer otherwise a default judgment is entered. If an Answer is filed the case is adjudicated by summary judgment or trial. Once adjudicated a foreclosure decree is entered and the sheriff is directed to sell the property by foreclosure sale.

It would appear based on the court records that that trial was held and the court found for USBANK. All parties with any legal interest were party to the hearing and legally notified AND the hearing was advertised as required by law in legal notices and all parties of record with claim were notified. So under what " legal theory" both the "alleged owner Mr Glenn" and the auction house is using to conduct this sale is unknown to me.

The court case in addition to naming the estate of Evelyn L Baskin, any unknown spouses, Aames Funding Corporation, dba Aames home loan, The Treasurer and Auditor of Hamilton county also names, THE UNKNOWN HEIRS DEV LEGT ADMN EXTRS OF EVELYN L BASKIN DECEASED. so legally all the bases were covered!

No one from Avondale who may have attended the sale has contacted me as of this morning to report if anything such as windows or mantles have been removed from this house. If you attended the sale please feel free to reply to this blog with any observations regarding the sale. We need to fully document what went on as much as possible as we don't know how this will unfold. Have any items been removed? If so what and by whom?


Anonymous said...

There were light fixtures missing, but no way to tell when they were removed. Some of the architectural trim had names on it. Not sure if it was removed at the end of the sale. Why do unauthorized people have keys to this place?

Paul Wilham said...

The problem lies with the way the system is run, Banks who often have thousands of foreclosures have to go to court as USBANK did to satisfy the debt. Once they are given the award and the court sets the sheriffs sale, a bank often has to contact a property managemnt service to secure the property. As you can imagine with all the forclosues these days that can take days or weeks.

Often the homeowner comes back and strips the home of anything of value such as appliances, light fixtures and such before the bank can secure the property. There is also a period of time 30-60 days AFTER the sheriffs sale when homes are often "winterized' by a bank before title is conffered to the buyer. This management service will do things like cut grass and such but often homes may not even have utilities turned on and Alarm systems dont work without electric.

We don't know how this person obtained keys, In fact we may never know unless criminal changes are filed by USBANK. Or the presiding judge directs the prosecutor to file charges.

Anonymous said...

Were you able to attend the sale Paul?
When I went on Sunday, before I got inside, a man told me the prices and said the fixtures etc. were not part of the sale. It was cash only. When I got inside a young lady told me the same thing about the fixtures etc. she also said to make a pile and they would say a price or something like that. I did not notice any tags on anything. I only noticed one sconce missing from the second floor hallway. The only chandelier I saw was in the dining room, I didn't see any hanging wires from any other ceilings. Oddly there were only three fireplaces in the house, all looked intact. The glass doors on the two built in china cabinets were missing. They could have been removed long ago and might be in the house somewhere else like the basement or not.
Hope it works out for the best.

Paul Wilham said...

No I was unable to attend. Right now with the demands of restoring our house in Cincinnati, keeping our house ready for sale in Indy and some limited consulting I am doing right now consumes the vast majority of my time.

Anonymous said...

when i went there Saturday; seller was loading a Uhaul truck. I am not sure what he was loading but I heard him say that he was hedging his bet by getting some of the stuff in case he does not sell(to get his capital back).