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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2021-11-04
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 76 entries
Disposition DIS. W/O PREJ

Parties

Plaintiff Reverse Mortgage Funding Llc
Defendant Richard Miller|Jane Or John Doe, Unknown Spouse, If Any, Of Richard Miller|The United States Of America|The United States Of America
Photo of Hon. BRIAN J CORRIGAN

Judge

Hon. BRIAN J CORRIGAN

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. PLAINTIFF'S MOTION TO VACATE AND DISMISS IS GRANTED. THE DECREE OF FORECLOSURE AND JUDGMENT PREVIOUSLY ENTERED HEREIN ARE VACATED AND THE CASE IS DISMISSED WITHOUT PREJUDICE AT PLAINTIFF'S COSTS. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
  2. MOTION TO VACATE $30.00 TED A HUMBERT (0022307) PLAINTIFF'S MOTION TO VACATE AND DISMISS 08/16/2022 - GRANTED
  3. DEPOSIT AMOUNT PAID TED A HUMBERT
  4. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $608.40 PREPAID TO LEGAL NEWS.
  5. ORDER OF SALE PARCEL NUMBER: 140-07-017 ORDER OF SALE, WITH REPORT OF SALE ATTACHED, RETURNED 07/20/2022. CANCELLED BY ATTORNEY. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $53.00 *****SHERIFF FEES***** NOTICE TO PRINTER 3.00 ORDER OF SALE FEE 50.00 POUNDAGE(*) 0.00 COST OF DEED PREPERATION 0.00 LEGAL NEWS 0.00 =======TOTAL OF FEES $53.00 .
  6. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $53.00
  7. RECORDER'S FEE $2.00
  8. CERTIFICATE OF TITLE $534.00 PAY TO THE LAW OFFICES OF JOHN D. CLUNK
  9. NOTICE FILED BY P1 REVERSE MORTGAGE FUNDING LLC ATTORNEY ROBERT R. HOOSE 0074544 NOTICE OF SHERIFF SALE
  10. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 07/18/2022 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 07/18/2022 IT WILL BE RE-OFFERED ON 08/01/2022 PURSUANT TO LOCAL RULE 27 IT IS HEREBY ORDERED THAT EACH APPRAISER NAMED BE COMPENSATED BY THE CLERK OF COURTS, FROM THE FUNDS ON DEPOSIT AS FOLLOWS: THOMAS P HOGAN, APPRAISAL COST: $51.82 REGULAR FEE AND MILEAGE. JOHN J. LYNCH, APPRAISAL COST: $50 REGULAR FEE. WAYNE F LEVERING, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-21-955378 DATED THIS 14th DAY OF JUNE, 2022 NOTICE ISSUED NOTICE ISSUED
  11. LAND APPRAISAL OOS .
  12. JUDGMENT ENTRY(47714237) SENT BY REGULAR MAIL SERVICE. TO: JANE OR JOHN DOE, UNKNOWN SPOUSE, IF ANY, OF RICHARD MILLER 16405 GLENDALE AVENUE CLEVELAND, OH 44128
  13. JUDGMENT ENTRY(47714236) SENT BY REGULAR MAIL SERVICE. TO: RICHARD MILLER 16405 GLENDALE AVENUE CLEVELAND, OH 44128
  14. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 140-07-017
  15. REAL AUCTION
  16. DEPOSIT AMOUNT PAID ROBERT R. HOOSE
  17. PRAECIPE FOR ORDER OF SALE $820 ORDER OF SALE, FIRST WITH APPRAISAL
  18. JUDGMENT ENTRY(47714235) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  19. JUDGMENT ENTRY(47714234) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  20. JUDGMENT ENTRY(47714233) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  21. JUDGMENT ENTRY(47714232) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  22. JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION, ORDER SEE JOURNAL. NOTICE ISSUED
  23. MAGISTRATE'S DECISION(47243388) SENT BY REGULAR MAIL SERVICE. TO: RICHARD MILLER 16405 GLENDALE AVENUE CLEVELAND, OH 44128
  24. MAGISTRATE'S DECISION(47243389) SENT BY REGULAR MAIL SERVICE. TO: JANE OR JOHN DOE, UNKNOWN SPOUSE, IF ANY, OF RICHARD MILLER 16405 GLENDALE AVENUE CLEVELAND, OH 44128
  25. MAGISTRATE'S DECISION(47243387) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  26. MAGISTRATE'S DECISION(47243386) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  27. MAGISTRATE'S DECISION(47243385) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  28. MAGISTRATE'S DECISION(47243384) SENT BY EMAIL. TO: SARA E DECARO [email protected]
  29. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  30. NOTICE FILED BY P1 REVERSE MORTGAGE FUNDING LLC ATTORNEY TED A HUMBERT 0022307 NOTICE OF FILING ENDORSEMENT TO FINAL JUDICIAL REPORT
  31. DEFAULT HEARING HELD. PLAINTIFF'S COUNSEL APPEARED. DEFENDANT(S) DID NOT APPEAR. PLAINTIFF MUST FILE AN ENDORSEMENT TO TITLE WORK AS DISCUSSED AT HEARING ON OR BEFORE 4/19/22. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. IF PLAINTIFF COMPLIES WITH THIS ORDER THE MAGISTRATE WILL ISSUE AMAGISTRATE'S DECISION MAKING SPECIFIC FINDINGS AS TO THE RIGHTS AND LIABILITIES OF THE PARTIES. NOTICE ISSUED
  32. NOTICE FILED BY P1 REVERSE MORTGAGE FUNDING LLC ATTORNEY TED A HUMBERT 0022307 NOTICE OF HEARING
  33. TELEPHONE DEFAULT HEARING SET FOR 04/05/2022 AT 02:30 PM. ANY PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  34. ON 01/05/2022 I SERVED THE WITHIN NAMED MILLER/RICHARD/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  35. ON 01/05/2022 I SERVED THE WITHIN NAMED JANE OR JOHN DOE, UNKNOWN SPOUSE, IF ANY, OF RICHARD MILLER BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  36. MOTION FOR DEFAULT JUDGMENT 04/05/2022 - GRANTED
  37. GENERAL PLEADING FILED BY P1 REVERSE MORTGAGE FUNDING LLC ATTORNEY TED A HUMBERT 0022307 FINAL JUDICIAL REPORT
  38. AFFIDAVIT FILED BY P1 REVERSE MORTGAGE FUNDING LLC ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT REGARDING MILITARY STATUS OF UNKNOWN DEFENDANT
  39. AFFIDAVIT FILED BY P1 REVERSE MORTGAGE FUNDING LLC ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF NON-MILITARY STATUS
  40. AFFIDAVIT FILED BY P1 REVERSE MORTGAGE FUNDING LLC ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF COUNSEL
  41. SUMS COMPLAINT(46377622) SENT BY SPECIAL PROCESS SERVER. TO: JANE OR JOHN DOE, UNKNOWN SPOUSE, IF ANY, OF RICHARD MILLER 16405 GLENDALE AVENUE CLEVELAND, OH 44128
  42. SUMS COMPLAINT(46377621) SENT BY SPECIAL PROCESS SERVER. TO: RICHARD MILLER 16405 GLENDALE AVENUE CLEVELAND, OH 44128
  43. SUMMONS E-FILE COPY COST
  44. WRIT FEE
  45. WRIT FEE
  46. SUMMONS E-FILE COPY COST
  47. REQUEST FOR SERVICE FILED REISSUE PROCESS SERVER - COMPLAINT
  48. ANSWER FILED BY DEFENDANT(S) THE UNITED STATES OF AMERICA(D3) and THE UNITED STATES OF AMERICA(D4) ATTORNEY SARA E DECARO 0072485 ANSWER OF THE UNITED STATES OF AMERICA DISCLAIMING INTEREST
  49. USPS RECEIPT NO. 45932953 DELIVERED BY USPS 11/15/2021 THE UNITED STATES OF AMERICA PROCESSED BY COC 11/24/2021.
  50. USPS RECEIPT NO. 45932954 DELIVERED BY USPS 11/10/2021 THE UNITED STATES OF AMERICA PROCESSED BY COC 11/17/2021.
  51. USPS RECEIPT NO. 45932952 DELIVERED BY USPS 11/09/2021 JANE OR JOHN DOE, UNKNOWN SPOUSE, IF ANY, OF RICHARD MILLER PROCESSED BY COC 11/17/2021.
  52. USPS RECEIPT NO. 45932951 DELIVERED BY USPS 11/09/2021 MILLER/RICHARD/ PROCESSED BY COC 11/17/2021.
  53. SUMS COMPLAINT(45932954) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA C/O U.S. DISTRICT ATTORNEY 801 WEST SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113
  54. SUMS COMPLAINT(45932953) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA C/O U.S. ATTORNEY GENERAL 950 PENNSYLVANIA AVENUE WASHINGTON, DC 20530
  55. SUMS COMPLAINT(45932952) SENT BY CERTIFIED MAIL. TO: JANE OR JOHN DOE, UNKNOWN SPOUSE, IF ANY, OF RICHARD MILLER 16405 GLENDALE AVENUE CLEVELAND, OH 44128
  56. SUMS COMPLAINT(45932951) SENT BY CERTIFIED MAIL. TO: RICHARD MILLER 16405 GLENDALE AVENUE CLEVELAND, OH 44128
  57. ALL NON-MILITARY CLIENT AFFIDAVITS FILED IN RESIDENTIAL MORTGAGE FORECLOSURE CASES MUST INDICATE THAT THE AFFIANT HAS ACTUAL PERSONAL KNOWLEDGE OF THE FILE AND LOAN HISTORY IN QUESTION AND HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS, OR OTHER DATA RELIED UPON TO MAKE THE STATEMENTS CONTAINED IN THE AFFIDAVIT. ALL CLIENT EXECUTED MILITARY AFFIDAVITS FILED IN RESIDENTIAL MORTGAGE FORECLOSURE CASES MUST INDICATE THAT THE AFFIANT HAS ACTUAL PERSONAL KNOWLEDGE OF THE APPROPRIATE DEFENDANTS' MILITARY STATUS. FAILURE TO PROVIDE APPROPRIATE AFFIDAVITS MAY RESULT IN MANDATORY PERSONAL ATTENDANCE OF AN AFFIANT FOR A HEARING, THE IMPOSITION OF SANCTIONS AND PENALTIES FOR PERJURY OR CONTEMPT, AND DISMISSAL OF THE CASE. BEFORE JUDGMENT IS ENTERED ON ANY CLAIM FOR FORECLOSURE AND/OR MONEY JUDGMENT IN A RESIDENTIAL MORTGAGE FORECLOSURE CASE, COUNSEL FOR PLAINTIFF AND ANY OTHER PARTY THAT ASSERTS A CLAIM FOR FORECLOSURE OR MONEY JUDGMENT MUST FILE AN AFFIDAVIT OR AFFIDAVITS. IN REGARD TO NON-MILITARY CLIENT AFFIDAVITS, THIS AFFIDAVIT MUST: 1) IDENTIFY THE COUNSEL OF RECORD AND HIS OR HER LAW FIRM. 2) PROVIDE THAT THE COUNSEL OF RECORD HAS REVIEWED THE FILE. 3) PROVIDE THAT THE COUNSEL OF RECORD HAS COMMUNICATED WITH A REPRESENTATIVE OF THE PARTY SEEKING FORECLOSURE AND/OR MONEY JUDGMENT OR ITS SERVICER AND THAT THIS REPRESENTATIVE: HAS AFFIRMED THAT HE OR SHE HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS, OR OTHER DATA RELATED TO THE CASE; HAS REVIEWED THE PLEADINGS AND OTHER COURT FILINGS IN THE CASE; AND HAS CONFIRMED BOTH THE FACTUAL ACCURACY OF THE PLEADINGS AND COURT FILINGS AND THE ACCURACY OF THE NOTARIZATIONS CONTAINED THEREIN. 4) PROVIDE THE FULL NAME OF THE REPRESENTATIVE DESCRIBED IN ITEM 3 AND THE DATE OR DATES OF THE COMMUNICATION. 5) CERTIFY THAT, TO THE BEST OF THE COUNSEL OF RECORD'S KNOWLEDGE, THE PLEADINGS AND OTHER COURT FILINGS IN SUPPORT OF THE CLAIMS FOR FORECLOSURE ARE COMPLETE AND ACCURATE IN ALL RELEVANT RESPECTS. 6) ACKNOWLEDGE THAT COUNSEL OF RECORD HAS A CONTINUING OBLIGATION TO AMEND AND SUPPLEMENT THE AFFIDAVIT IN LIGHT OF NEWLY DISCOVERED FACTS FOLLOWING ITS FILING. 7) BE SIGNED AND DATED BY COUNSEL OF RECORD. IN REGARD TO CLIENT EXECUTED MILITARY AFFIDAVITS, THIS AFFIDAVIT MUST: 1) IDENTIFY THE COUNSEL OF RECORD AND HIS OR HER LAW FIRM. 2) PROVIDE THAT THE COUNSEL OF RECORD HAS COMMUNICATED WITH THE AFFIANT OF THE MILITARY AFFIDAVIT AND THAT THE AFFIANT HAS AFFIRMED THAT HE OR SHE HAS PERSONALLY REVIEWED NECESSARY WEBSITE AND/OR DATABASE TO DETERMINE THE MILITARY STATUS OF THE APPROPRIATE DEFENDANTS. 3) PROVIDE THE FULL NAME OF THE AFFIANT DESCRIBED IN ITEM 2 AND THE DATE OR DATES OF THE COMMUNICATION. 4) CERTIFY THAT, TO THE BEST OF THE COUNSEL OF RECORD'S KNOWLEDGE, THE INFORMATION CONTAINED IN THE MILITARY AFFIDAVIT IS ACCURATE IN ALL RELEVANT RESPECTS. 5) ACKNOWLEDGE THAT COUNSEL OF RECORD HAS A CONTINUING OBLIGATION TO AMEND AND SUPPLEMENT THE AFFIDAVIT IN LIGHT OF NEWLY DISCOVERED FACTS FOLLOWING ITS FILING. 6) BE SIGNED AND DATED BY COUNSEL OF RECORD. FAILURE TO SUBMIT AN APPROPRIATE AFFIDAVIT ON OR BEFORE THE DATE OF TRIAL, THE DATE THAT A MOTION FOR SUMMARY JUDGMENT IS RIPE FOR RULING, OR THE DATE OF DEFAULT HEARING, WHICHEVER IS APPLICABLE, WILL RESULT IN DISMISSAL OF THE CASE AND MAY RESULT IN FURTHER SANCTIONS. STANDARDIZED AFFIDAVIT FORMS ARE POSTED ON THE CUYAHOGA COUNTY COURT OF COMMONPLEAS WEBSITE HTTP://CP.CUYAHOGACOUNTY.US/INTERNET/COURTDOCS/MAGISTRATES/AFFIDAVIT (REV5).PDF. ALL AFFIDAVITS SUBMITTED PURSUANT TO THIS ORDER MUST BE IN THE FORMAT OF THESE STANDARDIZED AFFIDAVIT FORMS. IN LIEU OF THIS AFFIDAVIT: 1) IN CASES WHERE CLIENT AFFIDAVITS HAVE BEEN FILED, THE AFFIANT OR AFFIANTS MUST APPEAR AT THE HEARING OF THE MATTER AND TESTIFY REGARDING THOSE AFFIDAVITS. THE REPRESENTATIVE MUST APPEAR IN PERSON AND TELEPHONIC APPEARANCE WILL NOT BE PERMITTED. IF MULTIPLE CLIENT AFFIDAVITS ARE FILED IN THE CASE AND ARE EXECUTED BY MORE THAN ONE AFFIANT, EACH AFFIANT MUST APPEAR AT THE HEARING OF THE MATTER. 2) IN CASES WHERE NO CLIENT AFFIDAVITS HAVE BEEN FILED, AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR AN OFFICER OF ITS SERVICER MUST APPEAR AT THE HEARING OF THE MATTER AND TESTIFY IN SUPPORT OF THE ALLEGATIONS OF THE COMPLAINT AND CONTENTS OF OTHER DOCUMENTS OR COURT FILINGS. THE OFFICER MUST APPEAR IN PERSON AND TELEPHONIC APPEARANCE WILL NOT BE PERMITTED. 3) IN CASES WHERE NO HEARING IS SCHEDULED BEFORE THE ENTRY OF JUDGMENT (SUCH AS SOME SUMMARY JUDGMENT CASES), THE OFFICER OF THE PARTY SEEKING FORECLOSURE MUST, CONTEMPORANEOUSLY WITH THE MOTION FOR SUMMARY JUDGMENT, MOVE TO SCHEDULE A HEARING AT WHICH THE AFFIANT MAY APPEAR. 4) WITH THE EXCEPTION OF AFFIANTS OF MILITARY AFFIDAVITS, THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER WHO APPEARS IN COURT IN LIEU OF THE FILING OF A FORECLOSURE COUNSEL AFFIDAVIT MUST APPEAR WITH THE ORIGINAL PROMISSORY NOTE, INCLUDING ALL ENDORSEMENTS AND ALLONGES AND A CURRENT PAYMENT HISTORY FOR THE MORTGAGE LOAN AT ISSUE. THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER MUST BE PREPARED TO TESTIFY THAT HE OR SHE HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS OR OTHER DATA RELATED TO THE CASE, HAS REVIEWED THE PLEADINGS AND OTHER COURT FILINGS IN THE CASE AND HAS CONFIRMED BOTH THE FACTUAL ACCURACY OF THE FILINGS AND THE ACCURACY OF THE NOTARIZATIONS CONTAINED THEREIN, IF ANY. THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER MUST BE PREPARED TO RESPOND TO THE QUESTIONING OF THE MAGISTRATE OR JUDGE PRESIDING OVER THE HEARING AND THE QUESTIONING OF ANY OTHER PARTY ATTENDING THE HEARING. 5) IF THE AFFIANT OR OFFICER OF THE PARTY SEEKING FORECLOSURE OR AN OFFICER OF ITS SERVICER HAS BEEN PREVIOUSLY DEPOSED AND HAS TESTIFIED UNDER OATH REGARDING THE ABOVE REQUIRED INFORMATION, THE FILING OF THE TRANSCRIPT OF THAT DEPOSITION WILL SATISFY THE REQUIREMENTS OF THIS POLICY. FAILURE TO FILE AN ATTORNEY AFFIDAVIT OR DO ANY OF THE ALTERNATIVES TO FILING AN ATTORNEY AFFIDAVIT BEFORE THE CASE IS RIPE FOR THE ENTRY OF JUDGMENT WILL RESULT IN DISMISSAL OF THE CASE. NOTICE ISSUED
  58. MAGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
  59. IT IS ORDERED BY THE COURT THAT THIS CAUSE BE REFERRED TO THE COURT MAGISTRATE TO TRY THE ISSUES OF LAW AND FACT ARISING THEREIN AND REPORT WITHOUT UNNECESSARY DELAY. A PARTY SEEKING A DEFAULT JUDGMENT MUST FILE A MOTION FOR DEFAULT JUDGMENT. ONCE A CASE IS SET FOR DEFAULT JUDGMENT, THE MOTION FOR DEFAULT JUDGMENT MAY BE WITHDRAWN ONLY BY SEPARATE MOTION WITH GOOD CAUSE SHOWN. NOTICE ISSUED
  60. SUMMONS E-FILE COPY COST
  61. SUMMONS E-FILE COPY COST
  62. SUMMONS E-FILE COPY COST
  63. SUMMONS E-FILE COPY COST
  64. WRIT FEE
  65. WRIT FEE
  66. WRIT FEE
  67. WRIT FEE
  68. JUDGE BRIAN J CORRIGAN ASSIGNED (RANDOM)
  69. SPECIAL PROJECTS FUND FEE
  70. LEGAL RESEARCH
  71. LEGAL NEWS
  72. LEGAL AID
  73. COMPUTER FEE
  74. CLERK'S FEE
  75. DEPOSIT AMOUNT PAID TED A HUMBERT
  76. DEPOSIT AMOUNT PAID TED A HUMBERT

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