Woods Cove Tax Liens - Lakeview Holding Tax Liens - PREDATORS

Submitted by Gone Fishin on Wed, 04/10/2013 - 20:14.

Woods Cove I has a new officer in Wayzata, Minnesota (suburb of Minneapolis).  He is James Kenneth Beltz.  Formerly a partner in Wayzata Investment Partners = Lakeview Holding.  I am attaching a deed they recorded this week in Franklin County from Woods Cove I to some buyer of the house forfeited.  Beltz lists himself as the Managing Director of Woods Cove and is the Minneapolis point-man for Imperial Capital Asset Management (Imperial Capital LLC) of Los Angeles, CA.

 
Woods Cove II got the Summit County tax liens in 2011 and Cuyahoga County ones in 2012.  But Woods Cove I bought its tax liens in Franklin County in 2010 for 13.25%.  Cuyahoga they get the for 18%.  That means that the folks in Cuyahoga County have to pay their tax bill plus 18% to redeem; in Franklin County, it is 13.25%.  So these investors seem to make a good enough return at 13.25% at auction. 
 
Woods Cove III won the Summit County bid in December, 2012 and Woods Cove I, II, III, and IV are all operating in this State.   There is a tax sale in Cuyahoga County in May, 2013 so I wonder who will be the winning bidder?  My bets are on Woods Cove III or IV.
 
Found some lovely customer service from Woods Cove II in Summit.  Lots of complaints.
 
 
 

 

 

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Woods Cove II LLC - a Delaware Corp from California in Ohio?

 Woods Cove - one of their llcs, purportedly bought a slug of liens from Cuyahoga County to the tune of about 14 million.  

Did Woods Cove pay up?

I have a friend who is occupying one house in Cleveland for which Woods Cove apparently "bought" the lien.  

I have the gut feeling (and my intellect also tells me) that Woods Cove is a kick back scheme to Cuyahoga County persons.

Who is Woods Cove?  Title Laundering?

Tax Liens - Lakeview Holding

There is an important case that will be heard on appeal in the near future which will allege misconduct regarding Lakeview Holding Tax Liens.  This could be a very important case if all goes well, and I believe the attorneys handling this case are well prepared.  Details will be shared here after the appellate decision.

An appellate decision was released today  -  Lakeview Holding v. Deberry, 4-11-2013 - which will have a costly effect on tax lien companies if they fail to timely file their foreclosures after filing an intent to foreclose.

Lakeview Holding appealed a decision on the 120 day period when they filed their notice of intent to foreclose.    Their foreclosure case was dismissed because they failed to timely file their foreclosure case within the 120 day time frame. 

Below is a summary of the court's decision:
 
Court holds there is no final appealable order if the Foreclosure Magistrate and trial judge dismiss the tax certificate foreclosure because the notice of intent to sue is filed after 120 days.
 
The court sidesteps the argument whether the 120 day period is a condition precedent or whether it is an affirmative defense.  But the court notes the statute since 2008 mandates that a foreclosure be filed within 120 days under R.C. 5721.37(A)(2).  This sounds more like it is a condition precedent - meaning, a judge can raise the issue because it appears on the face of the certificate and complaint.
 
The effect of this is, that Aeon, Capitalsource, Lakeview, and Woods Cove II would have to get a new notice of intent to refile.  And since 2008, they must also pay the property taxes still owing on the property (not just the tax certificates).  So it costs them more money to refile because they have to bring the property taxes current before they foreclose.
 
 
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And of course, once they get the properties, they don't pay their property taxes.
 
I am sure Mary Irene Burns is thrilled with the news.
 

Mary Irene Burns won't be happy - this means she has to pay more to foreclose.   She's probably sitting at her pool drinking iced tea.

 
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Mary Irene Burns - Delinquent Property Tax Lien Queen!

The tax lien queen is living the dream  at 5355 Elmridge Circle, Excelsior, MN, in a million dollar home- right on the lake.

The queen of vulture capitalism - who forecloses on poor people - lives in a million dollar mansion.

Mary Irene Burns is connected to Lakeview Holding (Oh), LLC, Lakeview Properties (Oh), Gardenview Properties (OH), LLC - property tax lien investors.

Lakeview Holding LLC - Tax Lien purchaser has invaded Cuyahoga County and there are legal issues with their operation.

To the song of Dancing Queen:

 
 
"She's the tax lien queen, really mean,lives obscene".
 
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* My blogs expressing my Freedom of Speech Rights, especially on matters of public concern, are my opinion and not the opinion of my friends, family or employer*

Tax lien no man's land - betwn foreclosure notice & actual sale

 Ok Gone Fishin,  please help me understant what the case you report is about.  Please take the example below...

I have the friend I have mentioned in the past, who lives in a house in Tremont.   The mortgage on the house  has been in default for years like 4 or 5 years.  The bank (local, I think) who owns the mortgage repeatedly scheduled a foreclosure (sheriff's auction) (did I get this correct?)   3 or 4 times -  but the property was always pulled from the auction at the last minute.  My friend went to the auctions ready to bid with a bank check.  

The bank paid none of the taxes and performed no upkeep on the property.  

About a year ago  Woods Cove II (or I?) llc   bought the tax lien from the county.  

So, the recent appeals court ruling would require that the bank which held the mortgage and had filed the foreclosure notice - if the bank didn't proceed to foreclose in 120 days, would have to begin to pay the taxes on the property?

This seems fair, because otherwise - once the foreclosure is threatened, the home owner will not want to pay taxes, and the bank isn't paying taxes - leading to a situation where the homeowner and the community is in a no man's land.  

Thanks for your help in understanding this issue. 

Tax Lien - Foreclosure

Hi Jeff,

Send me an e-mail with your friend's name and I will take a look at his case.

When a tax lien company purchases a tax lien, they must wait the one year redemption period to see if the property owner pays the lien.   After the one year period, the tax lien company files a 'notice of intent to foreclose' on the property.  They are given a 120 day period in which to file their foreclosure.  If they fail to file their foreclosure within this time frame and proceed to file after the 120 day period, their foreclosure case is defective.  The case should be dismissed and they will have to file another 'intent to foreclose' and refile a new foreclosure case.  The tax lien company will also have to pay any additional property taxes that have accrued on the property.  The tax lien company will also have to pay additional filing fees and court cost.

There is a very good magistrate hearing these tax lien foreclosure cases who should be applauded for following the law and not allowing these tax lien companies to scam people, while the other magistrates appear to be just going with the flow and allowing defective and fraudulent cases to proceed to foreclosure.

The magistrate is Carol Weiss.

Lakeview Holding is alleged to have engaged in frivolous conduct and their alleged misconduct will be discussed in an upcoming appeal.  This appeal is an important case and could affect over 80 properties that have been foreclosed upon- possibly illegally.  It is  possible to have the judgment reversed for the 80+ properties.

Magistrate Carol Weiss has discovered their misconduct and dismissed several cases filed by Lakeview Holding.  She is doing a great job.

Lakeview Holding filed a 'motion to disqualify' Magistrate Weiss as they did not like that she follows the law.  In their motion, Lakeview Holding stated that Magistrate Weiss is biased and dismissing their cases, while the other magistrates simply push the cases thru and grant the foreclosures.  Lakeview Holding attempted to have Magistrate Weiss disqualifed and removed from hearing any of their cases.  The motion was denied.

Lakeview Holding is filing fraudulent judicial reports and I will disclose more details on their misconduct after the important appeal is heard in the near  future.

As far as mortgage companies paying property taxes after the foreclosure is granted and the deed is recorded, they are responsible for the property taxes.  Most of them do not pay the property taxes- just like the tax lien companies, and just like Gus Frangos- president of the county land bank.  The delinquent property taxes are  paid from the proceeds of the sheriff sale.

I have shown here repeatedly on this website that Plymouth Park Tax Services and Aeon Capital do NOT pay their property taxes after they foreclose on property owners for delinquent property taxes.  Plymouth Park Tax Services failed to pay property taxes for well over one year on approximately 80 properties.  The county took no action for their failure to timely pay property taxes- after taking property from others for the same thing.

http://realneo.us/content/plymouth-park-tax-services-aka-xspand-cuyahoga-county-victims-corruption-deserve-justice

http://realneo.us/content/aeon-financial-aka-capitalsource-bank-property-tax-foreclosure-thieves-does-not-pay-their-ow

http://realneo.us/content/cuyahoga-county-officials-look-other-way-while-aeon-capitalsource-tax-lien-thieves-rob-prope

The tax liens are nothing but a scam.  The county sells out its people to predators.

 

The following is part of an email that I received from a party involved in a foreclosure case.  He sums it up quite well:

My comment to the person:  "This tax lien business has hurt many people and is a major cause of the foreclosure crisis.  Our county is too stupid to understand the consequences and just wants the easy money so they can waste it.  :) "

His reply:  " I agree.  It is like too much booze - it makes them feel great initially.  They don't realize the hangover one is going to get and the chronic alcoholism disease too.  Maybe it is more like crack."

 

* My blogs expressing my Freedom of Speech Rights, especially on matters of public concern, are my opinion and not the opinion of my friends, family or employer*

Woods Cove-upcoming tax lien sale

Lily has demonstrated here at REALNEO - that Cuyahoga County is selling out to outfits like Woods Cove LLC - and prior tax lien sales under Rokakis-Frangos involved Plymouth Park Tax Services and GLS Capital.

We continue to be taken for a ride as the County "sells" the low hanging fruit and then has no penalities against these outfits, when they go on to not pay the taxes on properties they acquire through this shifty process:

http://treasurer.cuyahogacounty.us/en-US/tax-lien-certificate.aspx

 

Tax Lien Certificate Sales

Introduction
Ohio Revised code sections 5721.30 to 5721.43 permits the Cuyahoga County Treasurer to sell tax lien certificates on parcels that have delinquent taxes.

Since 1998 Cuyahoga County has utilized these code sections to conduct tax lien certificate sales which have resulted in significant increases in the collection of delinquent taxes. The primary beneficiaries of the increased collections have been school districts.

Sale Overview
Taxes that remain unpaid following the Second Half (July) tax collection are advertised, by the Fiscal Office, as delinquent in November and are then eligible for a tax lien certificate sale.  Tax Lien Certificates are offered in bulk, they are not offered on an individual basis.

A Tax Lien Certificate Sale is scheduled for September 26th, 2013.

All payments on delinquent properties set to have liens sold, in the tax lien certificate sale or that have had the certificate sold, must be Certified Funds (e.g., cash, money order, or certified/cashier check).

Taxpayer Information
The Treasurer’s Office is not selling the property, only the delinquent taxes.  The tax lien certificate purchaser pays the County the entire amount of the delinquency.  They then hold the first priority lien.

What happens if your tax lien is sold?
A tax lien certificate is placed on the property.  The lien is recorded with the County Fiscal Office, Recorder’s Department.

Administrative fees and additional interest, up to 18%, will be added to your tax bill.

If the lien is not redeemed within twelve months, the tax lien certificate purchaser may file a foreclosure action.  If the property is deemed vacant or abandoned, the purchaser may file foreclosure faster.

The property owner has the right to go on a “Redemption Payment Plan” within one year from the day of sale.  Ohio Revised Code Section 5721.38 states that full payment must be received within the first twelve months from the date of sale to avoid any foreclosure actions.  Installment payments are held by the Treasurer until full redemption is received.

The property owner may redeem the tax lien certificate anytime prior to confirmation of the Foreclosure Sale in terms of “cash equivalent funds” plus payment of additional charges and costs if applicable.

To avoid the sale of a tax lien certificate on your property, you must pay your taxes in full or enter into a payment plan with the County Treasurer’s office. You may also be responsible for additional fees and costs associated with the tax lien certificate sale.

For information regarding your delinquent taxes and the availability of payment plans, please call our Taxpayer Services Division at 216-443-7420. 

Purchaser Information
The Cuyahoga County Treasurer’s Office would like to thank you for your interest.  We strongly encourage you to familiarize yourself with the Ohio Revised Code as it pertains to the sale of tax lien certificates (5721.30 – 5721.43).

Tax Lien Certificate sales are offered in bulk, they are not offered on an individual basis.  The average sale in Cuyahoga County ranges from 10 million to 17 million dollars and contains several thousand parcels.

The Ohio Revised Code allows Counties to negotiate the terms of any Tax Certificate Sale with the third party purchasers.  Cuyahoga County only utilizes the negotiated method of sale. For a copy of our 2012 purchase agreement, click here.

             Critical terms within the most recent negotiated contract

  • The tax certificate is limited to three years The purchaser may file foreclosure in less than the prescribed twelve month period of the parcel is determined to be vacant or abandoned.
  • The purchase of all subsequent liens at par value plus administrative fees is required for the first year following the purchase of the base certificate unless specific criteria are met.  See a copy of the purchase agreement for specified criteria.

The Treasurer’s Office is the statutory administrator of the Tax Lien Certificate Program and will receive all forms of redemption payments and will generate all statutory and pertinent correspondence. 

The Treasurer’s Office has full discretion to select and remove certified delinquent parcels from the Tax Certificate Sale.  The Treasurer may bundle the parcels in any manner deemed necessary.

Cuyahoga County cannot guarantee that all parcels are free of legal restrictions to initiate Foreclosure.  The purchaser is required to resolve all legal restrictions in order to proceed with statutory foreclosure filing.

The Treasurer’s Office may adopt rules governing the eligibility of persons to purchase tax certificates, such as a disclosure of income. The rules prohibit any person that is delinquent in the payment of any tax to the county or affiliated with any person that is delinquent in the payment of any tax to the county from purchasing a tax certificate.

A bidder registration form shall be submitted prior to sale.  This form shall include the name, address, EIN, and contact information for any interested purchaser.

If you have any questions, please contact the Foreclosure Processing Division at:

Cuyahoga County Treasurer
1219 Ontario St.
Cleveland, OH 44113 
216-443-2145

Cuyahoga County is continuing to selling tax liens to Woods Cove

From Lily Miller who broke story that resulted in Washington Post investigation -Left with Nothing:

Cuyahoga County is continuing to selling tax liens to Woods Cove LLC- a few hundred here and a few hundred there. The last sale was on November 3, 2014. No media coverage regarding tax lien sales. Not one peep from our so called media relative to the county inspector general's investigation of Woods Cove LLC. If the investigation is complete, where the hell is it? Now property owners have more than one vulture to worry about. Look at the other llc's involved with the tax lien sales