Professional Documents
Culture Documents
Tracking:
Tracking Recipient Delivery
'Tom'
Kathy Fox Delivered: 3/25/2008 11:44 AM
Barbara Witt Delivered: 3/25/2008 11:44 AM
Tom,
I suspect it was good service and if it was not I do not believe counsel would sign the title
opinion letter.
Also, we are secured. The old lease is recorded and the new lease extension will be as well.
The Commission already approved the project knowing full well about the liens and we only
required that the liens be cleared and clean title be delivered. We based our analysis on the
audited financials and presumably the debt was recorded properly (at least to the auditors
satisfaction). Since we are in first position I am not too concerned with unsecured debt that
is apparently in dispute but I will pass your concerns onto Barbara and Kathy and get their
thoughts on the issue.
Thanks,
Tony
‐‐‐‐‐Original Message‐‐‐‐‐
From: Tom [mailto:trocco@CMHLegal.com]
Sent: Monday, March 24, 2008 3:50 PM
To: Tony Capaci
Subject: RE: Mechanic's Liens
I assume they are trying to avail themselves of the method under ORC
1311.11 to serve a notice to commence suit on the claiming party. If the claiming party does
not file within 60 days, then the lien can be wiped out. If that is what they are doing,
there are 2 issues‐ 1) did they obtain good service on the claimant (since they stated that
the company was out of business, how did they obtain good service); 2) be aware that wiping
out the lien is not the same as eradicating the debt.
The debt still exists, but is now unsecured. What that means is that if the company is
bankrupt, the bankruptcy ct. could still go after the debt with the UFRC, but if the UFRC
can't pay, then the court would stand with all the other unsecured creditors trying to get
paid. Note that we are also unsecured, so now we are standing in line with the court. Not
also, that since the debt is not truly wiped out and the UFRC has, to the best of my
knowledge, never claimed the debt isn't valid, the claim still should be shown on their
financials until the debt is resolved. In short, I think they are trying to put a band aid
on the problem rather than actually treating the wound. Thus, while I may be able to certify
that the title is clear (once their attorney issues a letter stating that the lien is no
longer an issue), I think this raises other issues unrelated to the title that need to be
discussed within the Commission.
Thomas J. Rocco
Shayne Nichols, LLC
2 Miranova Place, Suite 220
Columbus, Ohio 43215
1616
614‐221‐2220
Fax‐ 614‐221‐9020
trocco@cmhlegal.com
www.cmhlegal.com
‐‐‐‐‐Original Message‐‐‐‐‐
From: Tony Capaci [mailto:tcapaci@culture.ohio.gov]
Sent: Monday, March 24, 2008 12:52 PM
To: Tom
Subject: RE: Mechanic's Liens
As it turns out the sponsor was able to serve H. Berry with the notice.
Berry has until May 13 to start a suit.
Thanks,
tony
‐‐‐‐‐Original Message‐‐‐‐‐
From: Tom [mailto:trocco@CMHLegal.com]
Sent: Sunday, March 23, 2008 8:38 PM
To: Tony Capaci
Subject: RE: Mechanic's Liens
I need more info on the business. For instance, if it just went belly up, its creditors culd
still try to collect on the debt. If this has been through bankruptcy, other issues might
apply.
‐‐‐‐‐Original Message‐‐‐‐‐
From: Tony Capaci <tcapaci@culture.ohio.gov>
Sent: Friday, March 14, 2008 1:21 PM
To: Tom <trocco@CMHLegal.com>
Subject: FW: Mechanic's Liens
Tom,
The sponsor (National Underground Freedom Railroad Center wants to dispense of a lien because
the lien holder is no longer in business. My sense is we would still require their attorney
to sign off on the same title opinion letter. What are your thoughts? This is a pressing
issue if you could handle it ASAP.
Thanks,
Tony
From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]
Sent: Monday, February 11, 2008 4:51 PM
To: Tony Capaci
Cc: DMurphy@nurfc.org
Subject: Fw: Mechanic's Liens
Tony,
1617