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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-03-21
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 76 entries

Parties

Plaintiff Residential Investment Trust Iv Berm Fw
Defendant Vision Homes, Llc|Robert Gough|Unknown Spouse If Any Of Diane L. Chaykosky
Photo of Hon. KATHLEEN ANN SUTULA

Judge

Hon. KATHLEEN ANN SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. RDER OF SALE PARCEL NUMBER: 642-03-107 ORDER OF SALE, WITH REPORT OF SALE ATTACHED, RETURNED 09/27/2023. CANCELLED BY ATTORNEY. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $53.00 *****SHERIFF FEES***** NOTICE TO PRINTER 3.00 ORDER OF SALE FEE 0.00 POUNDAGE(*) 0.00 COST OF DEED PREPERATION 50.00 LEGAL NEWS 0.00 =======TOTAL OF FEES $53.00 .
  3. UYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $53.00
  4. ROOF OF PUBLICATION FILED. PUBLICATION COST OF $610.00 PREPAID TO LEGAL NEWS.
  5. UYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $53.00
  6. LAINTIFF'S MOTION TO VACATE JUDGMENT AND DISMISS FILED ON 9/26/23 IS GRANTED. FOR CAUSE, PLAINTIFF INDICATES THAT A SHORT SALE HAS OCCURRED. THUS, THE COURT VACATES THE WITHIN JUDGMENT AND/OR DECREE OF FORECLOSURE AND DISMISSES THIS CASE WITHOUT PREJUDICE. IN ADDITION, THE COURT ORDERS THE SHERIFF TO RETURN ANY OUTSTANDING ORDER OF SALE WITHOUT EXECUTION. COSTS TO PLAINTIFF. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
  7. LAINTIFF'S MOTION TO VACATE JUDGMENT AND DISMISS COMPLAINT, $30.00 DOUGLAS A. HAESSIG (0079200) 09/27/2023 - GRANTED
  8. EPOSIT AMOUNT PAID DOUGLAS A. HAESSIG
  9. ECORDER'S FEE $1.00
  10. ERTIFICATE OF TITLE $765.00 PAY TO REIMER, ARNOVITZ, CHERNEK & JEFFREY
  11. OTICE FILED BY P1 RESIDENTIAL INVESTMENT TRUST IV-BERM FW ATTORNEY DOUGLAS A. HAESSIG 0079200 NOTICE OF SALE
  12. OTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 09/25/2023 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 09/25/2023 IT WILL BE RE-OFFERED ON 10/10/2023 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: LANA BLAZE, APPRAISAL COST: $51.82 REGULAR FEE AND MILEAGE. JOHN ANDREWS, APPRAISAL COST: $50 REGULAR FEE. PAUL GERALD MCLAUGHLIN, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-976863 DATED THIS 22nd DAY OF AUGUST, 2023 NOTICE ISSUED NOTICE ISSUED
  13. AND APPRAISAL OOS
  14. RDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 642-03-107
  15. UDGMENT ENTRY(51357696) SENT BY REGULAR MAIL SERVICE. TO: ROBERT GOUGH 9171 WILSHIRE BLVD. SUITE 500 BEVERLY HILLS, CA 90210
  16. UDGMENT ENTRY(51357695) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE IF ANY OF DIANE L. CHAYKOSKY 34 EAST 208TH STREET EUCLID, OH 44123
  17. UDGMENT ENTRY(51357694) SENT BY REGULAR MAIL SERVICE. TO: VISION HOMES, LLC 9171 WILSHIRE BLVD. SUITE 500 BEVERLY HILLS, CA 90210
  18. UDGMENT ENTRY(51357693) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  19. UDGMENT ENTRY(51357692) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  20. EAL AUCTION
  21. EPOSIT AMOUNT PAID DOUGLAS A. HAESSIG
  22. RAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE
  23. HE COURT ADOPTS THE ATTACHED MAGISTRATE'S DECISION. DECREE OF FORECLOSURE. FINAL. OSJ. NOTICE ISSUED
  24. AGISTRATE'S DECISION(51017701) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE IF ANY OF DIANE L. CHAYKOSKY 34 EAST 208TH STREET EUCLID, OH 44123
  25. AGISTRATE'S DECISION(51017700) SENT BY REGULAR MAIL SERVICE. TO: VISION HOMES, LLC 9171 WILSHIRE BLVD. SUITE 500 BEVERLY HILLS, CA 90210
  26. AGISTRATE'S DECISION(51017699) SENT BY REGULAR MAIL SERVICE. TO: ROBERT GOUGH 9171 WILSHIRE BLVD. SUITE 500 BEVERLY HILLS, CA 90210
  27. AGISTRATE'S DECISION(51017698) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  28. AGISTRATE'S DECISION(51017697) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  29. AGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  30. ASE CALLED FOR HEARING. COUNSEL FOR PLAINTIFF PRESENT. DEFENDANTS ABSENT. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT FILED ON 6/2/23 IS GRANTED. MAGISTRATE'S DECISION TO FOLLOW. NOTICE ISSUED
  31. OTICE FILED BY P1 RESIDENTIAL INVESTMENT TRUST IV-BERM FW ATTORNEY DOUGLAS A. HAESSIG 0079200 NOTICE OF HEARING
  32. OTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 06/29/2023 AT 09:45AM BEFORE MAGISTRATE JOHN T DYKE, 310 W. LAKESIDE, 6TH FL. LOCATED ACROSS THE STREET FROM THE JUSTICE CENTER ON THE NORTH WEST CORNER OF LAKESIDE AVENUE AND WEST 3RD STREET. THE MOVING PARTY MUST SEND NOTICE OF THE DATE AND TIME OF THIS HEARING AND A COPY OF THE MOTION TO ALL PARTIES, INCLUDING THOSE WHO HAVE YET TO ENTER AN APPEARANCE, AT LEAST 14 DAYS IN ADVANCE OF THE HEARING. FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CLAIMS OR AN ENTRY OF JUDGMENT. NOTICE ISSUED
  33. ENERAL PLEADING FILED BY P1 RESIDENTIAL INVESTMENT TRUST IV-BERM FW ATTORNEY DOUGLAS A. HAESSIG 0079200 FINAL JUDICIAL REPORT
  34. AFFIDAVIT FILED BY P1 RESIDENTIAL INVESTMENT TRUST IV-BERM FW ATTORNEY DOUGLAS A. HAESSIG 0079200 AFFIDAVIT AS TO MILITARY STATUS
  35. AFFIDAVIT FILED BY P1 RESIDENTIAL INVESTMENT TRUST IV-BERM FW ATTORNEY DOUGLAS A. HAESSIG 0079200 ATTORNEY AFFIDAVIT
  36. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 06/29/2023 - GRANTED
  37. CERTIFIED MAIL NUMBER 50171060 ADDRESSED TO ROBERT GOUGH(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  38. CERTIFIED MAIL RECEIPT NO. 50171062 RETURNED 4/11/2023 FAILURE OF SERVICE ON DEFENDANT UNKNOWN SPOUSE IF ANY OF DIANE L. CHAYKOSKY - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  39. USPS RECEIPT NO. 50171063 DELIVERED BY USPS 03/27/2023 UNKNOWN SPOUSE IF ANY OF DIANE L. CHAYKOSKY PROCESSED BY COC 04/05/2023.
  40. USPS RECEIPT NO. 50171061 DELIVERED BY USPS 03/28/2023 GOUGH/ROBERT/ PROCESSED BY COC 04/05/2023.
  41. USPS RECEIPT NO. 50171059 DELIVERED BY USPS 03/27/2023 GOUGH/ROBERT/ PROCESSED BY COC 04/05/2023.
  42. USPS RECEIPT NO. 50171058 DELIVERED BY USPS 03/27/2023 VISION HOMES, LLC PROCESSED BY COC 04/05/2023.
  43. USPS RECEIPT NO. 50171057 DELIVERED BY USPS 03/27/2023 VISION HOMES, LLC PROCESSED BY COC 04/05/2023.
  44. SUMS COMPLAINT(50171063) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE IF ANY OF DIANE L. CHAYKOSKY 10438 BRIAR HILL DRIVE WILLOUGHBY, OH 44094-0000
  45. SUMS COMPLAINT(50171062) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE IF ANY OF DIANE L. CHAYKOSKY 34 EAST 208TH STREET EUCLID, OH 44123
  46. SUMS COMPLAINT(50171061) SENT BY CERTIFIED MAIL. TO: ROBERT GOUGH 4533 MACARTHUR BLVD. #580 NEWPORT BEACH, CA 92660-0000
  47. SUMS COMPLAINT(50171060) SENT BY CERTIFIED MAIL. TO: ROBERT GOUGH 9107 WILSHIRE BLVD. BEVERLY HILLS, CA 90210-0000
  48. SUMS COMPLAINT(50171059) SENT BY CERTIFIED MAIL. TO: ROBERT GOUGH 9171 WILSHIRE BLVD. SUITE 500 BEVERLY HILLS, CA 90210
  49. SUMS COMPLAINT(50171058) SENT BY CERTIFIED MAIL. TO: VISION HOMES, LLC 4533 MACARTHUR BLVD. #580 NEWPORT BEACH, CA 92660-0000
  50. SUMS COMPLAINT(50171057) SENT BY CERTIFIED MAIL. TO: VISION HOMES, LLC 9171 WILSHIRE BLVD. SUITE 500 BEVERLY HILLS, CA 90210
  51. SUMMONS E-FILE COPY COST
  52. SUMMONS E-FILE COPY COST
  53. WRIT FEE
  54. WRIT FEE
  55. WRIT FEE
  56. SUMMONS E-FILE COPY COST
  57. SUMMONS E-FILE COPY COST
  58. SUMMONS E-FILE COPY COST
  59. SUMMONS E-FILE COPY COST
  60. SUMMONS E-FILE COPY COST
  61. WRIT FEE
  62. WRIT FEE
  63. WRIT FEE
  64. WRIT FEE
  65. 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
  66. MAGISTRATE JOHN T DYKE ASSIGNED (MANUALLY)
  67. 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
  68. JUDGE KATHLEEN ANN SUTULA 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 DOUGLAS A. HAESSIG
  76. DEPOSIT AMOUNT PAID DOUGLAS A. HAESSIG

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