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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-05-07
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 129 entries

Parties

Plaintiff Freedom Mortgage Corporation
Defendant Willie L Austin|Carlena Austin|Cuyahoga County Treasurer|State Of Ohio Department Of Taxation C/o Ohio Attorney General On Behalf Of The Ohio Department Of Taxation|Citibank, Na C/o Ct Corporation System, Registered Agent
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT, SERVICE REQUEST, SERVICE REQUEST, PRELIMINARY JUDICIAL REPORT
  2. EPOSIT AMOUNT PAID SHERIFF
  3. EPOSIT REQUIRED FOR COURT COST TO CLERK $510.06 SHERIFF
  4. O COURT: 05/02/2024 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: FREEDOM MORTGAGE CORPORATION ........................................................................................... FOR $85,700.00 DATE OF SALE 09/18/2023 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  5. OTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY AUSTIN R. DECKER 0100918 NOTICE OF FILING AND CHANGE OF ADDRESS
  6. UDGMENT ENTRY(52524911) SENT BY REGULAR MAIL SERVICE. TO: CITIBANK, NA 4400 EASTON COMMONS WAY SUITE 125 COLUMBUS, OH 43219
  7. UDGMENT ENTRY(52524910) SENT BY REGULAR MAIL SERVICE. TO: CARLENA AUSTIN 3321 E 79TH ST CLEVELAND, OH 44127-0000
  8. UDGMENT ENTRY(52524909) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  9. UDGMENT ENTRY(52524908) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  10. UDGMENT ENTRY(52524907) SENT BY EMAIL. TO: EDWARD DELP [email protected]
  11. UDGMENT ENTRY(52524906) SENT BY EMAIL. TO: EDWARD DELP [email protected]
  12. UDGMENT ENTRY(52524905) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  13. UDGMENT ENTRY(52524904) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  14. UDGMENT ENTRY(52524903) SENT BY EMAIL. TO: MINDY CLARKE [email protected]
  15. UDGMENT ENTRY(52524902) SENT BY EMAIL. TO: MINDY CLARKE [email protected]
  16. UDGMENT ENTRY(52524901) SENT BY EMAIL. TO: WILLIAM C BEHRENS [email protected]
  17. UDGMENT ENTRY(52524900) SENT BY EMAIL. TO: WILLIAM C BEHRENS [email protected]
  18. UDGMENT ENTRY(52524899) SENT BY EMAIL. TO: ANTHONY J GIUNTA [email protected]
  19. UDGMENT ENTRY(52524898) SENT BY EMAIL. TO: ROBERT J BYRNE [email protected]
  20. ECREE OF CONFIRMATION (Parcel(s) #11311078) THE SHERIFF HAVING SOLD THE PROPERTY DESCRIBED IN THE ORDER OF SALE ISSUED TO HIM, THE COURT BEING SATISFIED OF THE LEGALITY OF THE SALE AND THAT THE NOTICE OF THE SALE WAS IN ALL RESPECTS IN CONFORMITY TO LAW, APPROVES AND CONFIRMS THE SAME AND DIRECTS THE SHERIFF TO EXECUTE AND DELIVER TO FREEDOM MORTGAGE CORPORATION A GOOD AND SUFFICIENT DEED THEREOF. UPON FULL PAYMENT OF THE PURCHASE PRICE, THE PURCHASER WILL BE ENTITLED TO A WRIT OF POSSESSION AGAINST ALL PARTY DEFENDANTS. ALL UNDISPUTED STATE LIENS ARE PROTECTED AS PROVIDED IN R.C. SEC. 2329.192. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS MUST SERVE, IN A MANNER PRESCRIBED BY CIV.R. 5(B), ALL PARTIES NOT IN DEFAULT FOR FAILURE TO APPEAR NOTICE OF THIS JUDGMENT AND ITS DATE OF ENTRY UPON THE JOURNAL AND MUST NOTE THE SERVICE ON THE APPEARANCE DOCKET. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  21. OTICE OF SUBSTITUTION OF COUNSEL FILED NOTICE OF SUBSTITUTION OF COUNSEL
  22. OS ORDER OF SALE RETURNED 9/20/2023, SOLD DATE 9/18/2023 SOLD TO: FREEDOM MORTGAGE CORPORATION FOR $85,700.00
  23. ROOF OF PUBLICATION FILED. PUBLICATION COST OF $610.00 PREPAID TO LEGAL NEWS.
  24. ECORDER'S FEE $1.00
  25. ERTIFICATE OF TITLE $702.15 PAY TO ROBERTSON, ANSCHUTZ, SCHENEID & CRANE LLC
  26. OTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY EDWARD DELP 0088641 NOTICE OF SALE
  27. OTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 09/18/2023 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 09/18/2023 IT WILL BE RE-OFFERED ON 10/02/2023 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: STANLEY R PATRISKI, APPRAISAL COST: $50 REGULAR FEE. JOHN F LENEHAN, APPRAISAL COST: $52.47 REGULAR FEE AND MILEAGE. PAUL D KINCZEL, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-22-963155 DATED THIS 15th DAY OF AUGUST, 2023 NOTICE ISSUED THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  28. AND APPRAISAL - OOS
  29. RDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 113-11-078
  30. EAL AUCTION
  31. EPOSIT AMOUNT PAID EDWARD DELP
  32. RAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE BY SHERIFF
  33. LAINTIFF'S MOTION TO APPOINT PRIVATE SELLING OFFICER IS DENIED. THE CUYAHOGA COUNTY SHERIFF IS CAPABLE OF SELLING THE SUBJECT PROPERTY CHEAPLY AND EXPEDITIOUSLY, OBVIATING THE NEED FOR A PRIVATE SELLING OFFICER. PLAINTIFF MAY ORDER SALE WITH THE SHERIFF. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  34. OTION FILED FOR P1 FREEDOM MORTGAGE CORPORATION AUSTIN R. DECKER 0100918 MOTION FOR ORDER AUTHORIZING PRIVATE SELLING OFFICER 07/18/2023 - DENIED
  35. UDGMENT ENTRY(50822140) SENT BY REGULAR MAIL SERVICE. TO: CITIBANK, NA 4400 EASTON COMMONS WAY SUITE 125 COLUMBUS, OH 43219
  36. UDGMENT ENTRY(50822139) SENT BY REGULAR MAIL SERVICE. TO: CARLENA AUSTIN 3321 E 79TH ST CLEVELAND, OH 44127-0000
  37. UDGMENT ENTRY(50822138) SENT BY EMAIL. TO: EDWARD DELP [email protected]
  38. UDGMENT ENTRY(50822137) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  39. UDGMENT ENTRY(50822136) SENT BY EMAIL. TO: WILLIAM C BEHRENS [email protected]
  40. UDGMENT ENTRY(50822135) SENT BY EMAIL. TO: WILLIAM C BEHRENS [email protected]
  41. UDGMENT ENTRY(50822134) SENT BY EMAIL. TO: MINDY CLARKE [email protected]
  42. UDGMENT ENTRY(50822133) SENT BY EMAIL. TO: ANTHONY J GIUNTA [email protected]
  43. UDGMENT ENTRY(50822132) SENT BY EMAIL. TO: ROBERT J BYRNE [email protected]
  44. RDER ADOPTING THE MAGISTRATE'S DECISION. O.S.J. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED
  45. AGISTRATE'S DECISION(50668311) SENT BY REGULAR MAIL SERVICE. TO: CITIBANK, NA 4400 EASTON COMMONS WAY SUITE 125 COLUMBUS, OH 43219
  46. AGISTRATE'S DECISION(50668310) SENT BY REGULAR MAIL SERVICE. TO: CARLENA AUSTIN 3321 E 79TH ST CLEVELAND, OH 44127-0000
  47. AGISTRATE'S DECISION(50668309) SENT BY EMAIL. TO: EDWARD DELP [email protected]
  48. AGISTRATE'S DECISION(50668308) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  49. AGISTRATE'S DECISION(50668307) SENT BY EMAIL. TO: WILLIAM C BEHRENS [email protected]
  50. AGISTRATE'S DECISION(50668306) SENT BY EMAIL. TO: WILLIAM C BEHRENS [email protected]
  51. AGISTRATE'S DECISION(50668305) SENT BY EMAIL. TO: ROBERT J BYRNE [email protected]
  52. AGISTRATE'S DECISION(50668304) SENT BY EMAIL. TO: ANTHONY J GIUNTA [email protected]
  53. AGISTRATE'S DECISION(50668303) SENT BY EMAIL. TO: MINDY CLARKE [email protected]
  54. AGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  55. DEFAULT HEARING HELD BY MAGISTRATE. COUNSEL FOR PLAINTIFF APPEARED. DEFENDANTS FAILED TO APPEAR. MAGISTRATE'S DECISION TO ISSUE FORTHWITH. NOTICE ISSUED
  56. LAINTIFF'S MOTION TO CONTINUE THE DEFAULT HEARING IS GRANTED. HEARING RESET TO 05/16/23 AT 10:00 AM. NOTICE ISSUED
  57. OTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 05/16/2023 AT 10:00AM BEFORE MAGISTRATE AMY R JACKSON, 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
  58. OTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY EDWARD DELP 0088641 NOTICE OF HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  59. OTION FILED FOR P1 FREEDOM MORTGAGE CORPORATION EDWARD DELP 0088641 MOTION TO CONTINUE HEARING 04/27/2023 - GRANTED
  60. 1 FREEDOM MORTGAGE CORPORATION'S MOTION FOR CONTINUANCE EDWARD DELP 0088641. ^F^ MOTION TO CONTINUE HEARING ON MOTION FOR DEFAULT JUDGMENT 04/24/2023 - MOOT
  61. OTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY EDWARD DELP 0088641 NOTICE OF HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  62. OTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY EDWARD DELP 0088641 RESPONSE TO MAGISTRATE'S ORDER AND NOTICE OF FILING
  63. OTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 04/25/2023 AT 09:30AM BEFORE MAGISTRATE AMY R JACKSON, 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
  64. RETRIAL HELD WITH MAGISTRATE. ATTORNEY JACKSON APPEARED. DEFAULT HEARING SET FOR 04/25/23 AT 9:30 AM FOR ANY REMAINING PARTIES IN DEFAULT. NOTICE ISSUED
  65. SPS RECEIPT NO. 49984436 DELIVERED BY USPS 03/16/2023 CITIBANK, NA PROCESSED BY COC 03/22/2023.
  66. UMS COMPLAINT(49984436) SENT BY CERTIFIED MAIL. TO: CITIBANK, NA 4400 EASTON COMMONS WAY SUITE 125 COLUMBUS, OH 43219
  67. UMMONS E-FILE COPY COST
  68. RIT FEE
  69. EQUEST FOR SERVICE FILED ALIAS PRAECIPE FOR SERVICE BY CERTIFIED MAIL
  70. LAINTIFF TO FILE, WITHIN 45 DAYS OF THIS ORDER, THE FOLLOWING 1) AN ENDORSEMENT THAT REFERENCES THE ADDRESS OF THE PARCEL; 2) A SIGNED FJR; 3) AND AN ENDORSEMENT THAT LISTS THE DEED TRANSFER UNDER SCHEDULE A AND NOT SCHEDULE B UNLESS THE TITLE COMPANY IS TAKING EXCEPTION WITH THE VESTING DEED. FAILURE TO COMPLY COULD RESULT IN THE DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  71. DEFAULT HEARING HELD BY MAGISTRATE. PLAINTIFF WITHIN 14 DAYS OF THIS ORDER, IS TO REISSUE SERVICE ON DEFENDANT CITIBANK. PLAINTIFF'S MOTION FOR DEFAULT IS UNOPPOSED AND GRANTED AS TO DEFENDANT CARLENA AUSTIN. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT REMAINS PENDING. NOTICE ISSUED
  72. EFENDANT WILLIE AUSTIN'S MOTION FOR EXTENSION OF TIME TO FILE A BRIEF IN OPPOSITION TO PLAINTIFF'S MSJ IS UNOPPOSED AND GRANTED. BRIEF IN OPPOSITION DUE 03/02/23. NOTICE ISSUED
  73. OTION FOR EXTENSION OF TIME 02/24/2023 - UNOPPOSED AND GRANTED
  74. OTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY EDWARD DELP 0088641 NOTICE OF HEARING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  75. NOTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY EDWARD DELP 0088641 NOTICE OF FILING FINAL JUDICIAL REPORT
  76. AFFIDAVIT FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY EDWARD DELP 0088641 AFFIDAVIT OF ATTORNEY
  77. AFFIDAVIT FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY EDWARD DELP 0088641 AFFIDAVIT OF MILITARY STATUS
  78. AFFIDAVIT FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY EDWARD DELP 0088641 AFFIDAVIT IN SUPPORT OF MOTION FOR JUDGMENT
  79. MOTION FOR DEFAULT JUDGMENT 03/01/2023 - HELD IN ABEYANCE
  80. MOTION FOR SUMMARY JUDGMENT FILED IN REM MOTION FOR SUMMARY JUDGMENT 05/17/2023 - UNOPPOSED AND GRANTED
  81. TELEPHONE CONFERENCE HELD BY MAGISTRATE JACKSON. COUNSEL FOR PLAINTIFF AND COUNSEL FOR DEFENDANT PARTICIPATED. DISCOVERY CUT-OFF IS 12/01/22; DISPOSITIVE MOTIONS ARE DUE 01/06/23; AND A FINAL PRETRIAL IS SET FOR 03/23/23 AT 1:30 PM. NOTICE ISSUED
  82. FINAL PRETRIAL SET FOR 03/23/2023 AT 01:30 PM.
  83. ON 08/10/2022 I SERVED THE WITHIN NAMED AUSTIN/CARLENA / BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  84. ON 08/17/2022 I SERVED THE WITHIN NAMED AUSTIN/WILLIE /L BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  85. TELEPHONE CONFERENCE SET FOR 09/20/2022 AT 01:45 PM. A TELEPHONE STATUS / SCHEDULING CONFERENCE IS SET IN THIS CASE WITH MAGISTRATE AMY JACKSON. ATTORNEYS / SELF-REPRESENTED PARTIES ARE TO CALL 216-443-8505 TEN MINUTES PRIOR TO THE CONFERENCE. THE ATTORNEYS / SELF-REPRESENTED PARTIES ARE TO COMPLY WITH CIVIL RULE 26(F) BY CONFERRING PRIOR TO THE SCHEDULING CONFERENCE ABOUT DATES AND DISCOVERY AND BY PREPARING A WRITTEN DISCOVERY PLAN. NOTICE ISSUED
  86. ANSWER FILED BY D1 WILLIE L AUSTIN ATTORNEY WILLIAM C BEHRENS 0093031 ANSWER OF WILLIE AUSTIN
  87. STIPULATION FOR LEAVE TO PLEAD FILED STIPULATION FOR LEAVE TO PLEAD
  88. CERTIFIED MAIL NUMBER 47501418 ADDRESSED TO WILLIE L AUSTIN(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  89. CERTIFIED MAIL NUMBER 47501421 ADDRESSED TO CARLENA AUSTIN(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  90. CERTIFIED MAIL NUMBER 47501422 ADDRESSED TO CUYAHOGA COUNTY TREASURER(D3) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  91. ANSWER FILED BY D4 STATE OF OHIO DEPARTMENT OF TAXATION ATTORNEY ROBERT J BYRNE 0040299 STATE OF OHIO DEPARTMENT OF TAXATION
  92. ANSWER FILED BY D3 CUYAHOGA COUNTY TREASURER ATTORNEY ANTHONY J GIUNTA 0040353 CUYAHOGA COUNTY TREASURER
  93. ANSWER OF GARNISHEE FREEDOM MORTGAGE CORP. FILED. IS THE DEBTOR AN EMPLOYEE: NO
  94. USPS RECEIPT NO. 47501423 DELIVERED BY USPS 05/16/2022 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 05/25/2022.
  95. USPS RECEIPT NO. 47501424 DELIVERED BY USPS 05/13/2022 CITIBANK, NA PROCESSED BY COC 05/18/2022.
  96. SUMS COMPLAINT(47501424) SENT BY CERTIFIED MAIL. TO: CITIBANK, NA 4400 EASTON COMMONS WAY SUITE 125 COLUMBUS, OH 43219
  97. SUMS COMPLAINT(47501423) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION 30 E BROAD ST, 14TH FLOOR COLUMBUS, OH 43215
  98. SUMS COMPLAINT(47501422) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER 2079 E 9TH STREET CLEVELAND, OH 44115
  99. SUMS COMPLAINT(47501421) SENT BY CERTIFIED MAIL. TO: CARLENA AUSTIN 1010 E. 179TH STREET CLEVELAND, OH 44119
  100. SUMS COMPLAINT(47501418) SENT BY CERTIFIED MAIL. TO: WILLIE L AUSTIN 1010 E. 179TH STREET CLEVELAND, OH 44119
  101. SUMS COMPLAINT(47501420) SENT BY SPECIAL PROCESS SERVER. TO: CARLENA AUSTIN 1010 E. 179TH STREET CLEVELAND, OH 44119
  102. SUMS COMPLAINT(47501419) SENT BY SPECIAL PROCESS SERVER. TO: WILLIE L AUSTIN 1010 E. 179TH STREET CLEVELAND, OH 44119
  103. SUMMONS E-FILE COPY COST
  104. WRIT FEE
  105. SUMMONS E-FILE COPY COST
  106. SUMMONS E-FILE COPY COST
  107. SUMMONS E-FILE COPY COST
  108. SUMMONS E-FILE COPY COST
  109. SUMMONS E-FILE COPY COST
  110. WRIT FEE
  111. WRIT FEE
  112. WRIT FEE
  113. WRIT FEE
  114. WRIT FEE
  115. SUMMONS E-FILE COPY COST
  116. WRIT FEE
  117. 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
  118. MAGISTRATE AMY R JACKSON ASSIGNED (MANUALLY)
  119. 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
  120. JUDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  121. SPECIAL PROJECTS FUND FEE
  122. LEGAL RESEARCH
  123. LEGAL NEWS
  124. LEGAL AID
  125. COMPUTER FEE
  126. CLERK'S FEE
  127. DEPOSIT AMOUNT PAID MINDY CLARKE
  128. DEPOSIT AMOUNT PAID MINDY CLARKE
  129. EPOSIT AMOUNT PAID MINDY CLARKE

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