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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-03-01
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 74 entries

Parties

Plaintiff Selene Finance Lp
Defendant Bonnie Villamil|Emmanuel Villamil|State Of Ohio Department Of Taxation C/o Ohio Attorney General On Behalf Of The Department Of Taxation|Cuyahoga County Treasurer
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
  2. OTION TO VACATE $30.00 . AUSTIN R. DECKER (0100918) MOTION TO VACATE JUDGMENT ENTRY AND DIMISS 08/17/2023 - UNOPPOSED AND GRANTED
  3. EPOSIT AMOUNT PAID AUSTIN R. DECKER
  4. LAINTIFF'S MOTION TO DISMISS IS DENIED AS THERE IS A JUDGMENT AND DECREE OF FORECLOSURE. IF PLAINTIFF WANTS TO DISMISS THE CLAIMS, IT MUST FILE A MOTION TO VACATE JUDGMENT AND DISMISS. NOTICE ISSUED
  5. OTION TO DISMISS FILED MOTION TO DISMISS 07/16/2023 - DENIED
  6. EGULAR MAIL SERVICE RECEIPT NO. 49250717 RETURNED 12/21/2022 FAILURE OF SERVICE ON DEFENDANT VILLAMIL/EMMANUEL / NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  7. UDGMENT ENTRY(49250717) SENT BY REGULAR MAIL SERVICE. TO: EMMANUEL VILLAMIL 4603 WEST 150TH STREET CLEVELAND, OH 44135-0000
  8. UDGMENT ENTRY(49250716) SENT BY REGULAR MAIL SERVICE. TO: BONNIE VILLAMIL 4667 W 150TH ST CLEVELAND, OH 44135
  9. UDGMENT ENTRY(49250715) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  10. UDGMENT ENTRY(49250714) SENT BY EMAIL. TO: BENJAMIN M. RODRIGUEZ [email protected]
  11. UDGMENT ENTRY(49250713) SENT BY EMAIL. TO: CORY STEINMETZ [email protected]
  12. UDGMENT ENTRY(49250712) SENT BY EMAIL. TO: BRADY J. LIGHTHALL [email protected]
  13. UDGMENT ENTRY(49250711) SENT BY EMAIL. TO: OSCAR ALBORES [email protected]
  14. UDGMENT ENTRY(49250710) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  15. 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
  16. EGULAR MAIL SERVICE RECEIPT NO. 49018547 RETURNED 11/23/2022 FAILURE OF SERVICE ON DEFENDANT VILLAMIL/EMMANUEL / ATTEMPTED NOT KNOWN NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  17. AGISTRATE'S DECISION(49018547) SENT BY REGULAR MAIL SERVICE. TO: EMMANUEL VILLAMIL 4603 WEST 150TH STREET CLEVELAND, OH 44135-0000
  18. AGISTRATE'S DECISION(49018546) SENT BY REGULAR MAIL SERVICE. TO: BONNIE VILLAMIL 4667 W 150TH ST CLEVELAND, OH 44135
  19. AGISTRATE'S DECISION(49018545) SENT BY EMAIL. TO: BRADY J. LIGHTHALL [email protected]
  20. AGISTRATE'S DECISION(49018544) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  21. AGISTRATE'S DECISION(49018543) SENT BY EMAIL. TO: BENJAMIN M. RODRIGUEZ [email protected]
  22. AGISTRATE'S DECISION(49018542) SENT BY EMAIL. TO: AUSTIN R. DECKER [email protected]
  23. AGISTRATE'S DECISION(49018541) SENT BY EMAIL. TO: CORY STEINMETZ [email protected]
  24. AGISTRATE'S DECISION(49018540) SENT BY EMAIL. TO: OSCAR ALBORES [email protected]
  25. AGISTRATE'S DECISION (IN REM) WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  26. DEFAULT HEARING HELD BY MAGISTRATE AMY JACKSON. COUNSEL FOR PLAINTIFF APPEARED. DEFENDANTS FAILED TO APPEAR. MAGISTRATE'S DECISION TO ISSUE FORTHWITH. NOTICE ISSUED
  27. OTICE FILED BY P1 SELENE FINANCE LP ATTORNEY BRIAN S JACKSON 0068516 NOTICE OF TELEPHONE DEFAULT HEARING
  28. ELEPHONE DEFAULT HEARING SET FOR 10/25/2022 AT 08:45 AM. 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
  29. FFIDAVIT FILED BY P1 SELENE FINANCE LP ATTORNEY BRIAN S JACKSON 0068516 AFFIDAVIT OF MILITARY STATUS
  30. FFIDAVIT FILED BY P1 SELENE FINANCE LP ATTORNEY BRIAN S JACKSON 0068516 AFFIDAVIT OF ATTORNEY
  31. OTICE FILED BY P1 SELENE FINANCE LP ATTORNEY BRIAN S JACKSON 0068516 NOTICE OF FILING FINAL JUDICIAL REPORT
  32. FFIDAVIT FILED BY P1 SELENE FINANCE LP ATTORNEY BRIAN S JACKSON 0068516 AFFIDAVIT
  33. OTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT - IN REM 10/29/2022 - UNOPPOSED AND GRANTED
  34. LAINTIFF IS ORDERED TO FILE ALL NECESSARY DISPOSITIVE MOTIONS AND UPDATED TITLE WORK WITHIN 60 DAYS OF THIS ORDER OR THIS CASE MAY BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. NOTICE ISSUED
  35. ERTIFIED MAIL NUMBER 46872814 ADDRESSED TO CUYAHOGA COUNTY TREASURER(D4) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  36. ERTIFIED MAIL RECEIPT NO. 46872812 RETURNED 03/22/2022 FAILURE OF SERVICE ON DEFENDANT VILLAMIL/EMMANUEL / - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  37. NSWER FILED BY D3 STATE OF OHIO DEPARTMENT OF TAXATION ATTORNEY CORY STEINMETZ 0092319 STATE OF OHIO DEPARTMENT OF TAXATION
  38. ERTIFIED MAIL RECEIPT NO. 46872812 RETURNED 3/22/2022 FAILURE OF SERVICE ON DEFENDANT VILLAMIL/EMMANUEL / - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  39. NSWER FILED BY D4 CUYAHOGA COUNTY TREASURER ATTORNEY OSCAR E. ALBORES, JR. 0075504 CUYAHOGA COUNTY TREASURER
  40. OTICE FILED BY P1 SELENE FINANCE LP ATTORNEY BRADY J. LIGHTHALL 0079428 NOTICE OF FILING PRELIMINARY JUDICIAL REPORT
  41. ON 03/04/2022 I SERVED THE WITHIN NAMED VILLAMIL/BONNIE / BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  42. ON 03/04/2022 I SERVED THE WITHIN NAMED VILLAMIL/EMMANUEL / BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  43. SPS RECEIPT NO. 46872813 DELIVERED BY USPS 03/07/2022 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 03/16/2022.
  44. SPS RECEIPT NO. 46872811 DELIVERED BY USPS 03/07/2022 VILLAMIL/BONNIE / PROCESSED BY COC 03/16/2022.
  45. UMS COMPLAINT(46872814) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER 2079 E 9TH STREET CLEVELAND, OH 44115
  46. UMS COMPLAINT(46872813) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION 30 E BROAD ST, 14TH FLOOR COLUMBUS, OH 43215
  47. UMS COMPLAINT(46872812) SENT BY CERTIFIED MAIL. TO: EMMANUEL VILLAMIL 3229 W 58TH ST CLEVELAND, OH 44102
  48. UMS COMPLAINT(46872811) SENT BY CERTIFIED MAIL. TO: BONNIE VILLAMIL 4667 W 150TH ST CLEVELAND, OH 44135
  49. UMS COMPLAINT(46873179) SENT BY SPECIAL PROCESS SERVER. TO: EMMANUEL VILLAMIL 3229 W 58TH ST CLEVELAND, OH 44102
  50. UMS COMPLAINT(46873178) SENT BY SPECIAL PROCESS SERVER. TO: BONNIE VILLAMIL 4667 W 150TH ST CLEVELAND, OH 44135
  51. UMMONS E-FILE COPY COST
  52. RIT FEE
  53. RIT FEE
  54. UMMONS E-FILE COPY COST
  55. UMMONS E-FILE COPY COST
  56. RIT FEE
  57. UMMONS E-FILE COPY COST
  58. UMMONS E-FILE COPY COST
  59. UMMONS E-FILE COPY COST
  60. RIT FEE
  61. RIT FEE
  62. RIT FEE
  63. LL 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
  64. AGISTRATE AMY R JACKSON ASSIGNED (MANUALLY)
  65. T 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
  66. UDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  67. PECIAL PROJECTS FUND FEE
  68. EGAL RESEARCH
  69. EGAL NEWS
  70. EGAL AID
  71. OMPUTER FEE
  72. LERK'S FEE
  73. EPOSIT AMOUNT PAID BRADY J. LIGHTHALL
  74. EPOSIT AMOUNT PAID BRADY J. LIGHTHALL

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