“Yesterday at about 1 p.m. we performed a writ of execution,” Huron County Sheriff Todd Corbin said. “We had to go in and do an audit of all the property because one of the banks is foreclosing on Berry’s Restaurant.”
A writ of execution is a court order authorizing the seizure of assets, according to USLegal.
The appraisers were Marlene Younger, Dustan Badovick and Justin Ewell and the estimated real value of the premise is $215,000.
The restaurant owes Civista Bank, or The Citizens Banking Co., $73,836.91 since July 2018.
15 W. Main St. would have been up for a sheriff’s sale in June, but was able to avoid it by filing for Chapter 11 bankruptcy.
Huron County Common Pleas Court found that Berry’s Restaurant failed to comply with the agreed-upon terms and the case was dismissed, according to court documents.
On Sept. 30, a notice of relief from stay was issued and a precipe for writ of execution was filed Nov. 4. The writ of execution against Berry’s was based on a judgment in July 2018 that found Berry’s guilty of owing Civista Bank $73,836.91, plus interest until the judgment is paid in full.
According to public records, those being charged are Berry’s Restaurant Inc., Berry-Chandler LLC, Douglas Berry, Robert Berry and Shirley Berry.
“We were ordered by the courts to go down there,” Corbin said. “A judgment entry that has been filed by the bank for an unpaid balance that’s owed to the bank.”
The prosecutor's office had no comment.
Berry’s owner, Lynn Bolden, wasn’t able to be reached by press time. An employee of Berry’s confirmed the restaurant was closed Thursday, but declined to comment.
The sheriff’s sale is scheduled for 10 a.m. Dec. 16 at the Huron County Sheriff’s Office, 225 Shady Lane Drive.
A deposit will be due at the time of sale based on the amount of the appraisal, which will require a deposit of at least $10,000. If the purchaser fails to pay the balance, the deposit would be forfeited to the bank for the costs associated with advertisements, interests and the resale of the property, according to the auditor’s office.