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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-05-26
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 124 entries

Parties

Plaintiff Towd Point Mortgage Trust 2018 1, U.s. Bank National Association, As Indenture Trustee
Defendant Nanci Terbrack|John Or Jane Doe, Unknown Spouse, If Any, Of Nanci Terbrack Aka Nanci Mcallister|Kay & Co Realty
Photo of Hon. DEENA R CALABRESE

Judge

Hon. DEENA R CALABRESE

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST, PRELIMINARY JUDICIAL REPORT
  2. REFUND BALANCE OF CASE COST DEPOSIT TO ROBERT E DINTAMAN
  3. DEPOSIT AMOUNT PAID SHERIFF
  4. DEPOSIT REQUIRED FOR COURT COST TO CLERK $2,094.67 SHERIFF
  5. TO COURT: 06/12/2025 PLURIES ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: KAY & CO REALTY ........................................................................................... FOR $75,100.00 DATE OF SALE 01/21/2025 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  6. JUDGMENT ENTRY(56656389) SENT BY REGULAR MAIL SERVICE. TO: JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF NANCI TERBRACK 9230 ROLLING RAPIDS ROAD HUMBLE, TX 77346-0000
  7. JUDGMENT ENTRY(56656388) SENT BY REGULAR MAIL SERVICE. TO: NANCI TERBRACK 9230 ROLLING RAPIDS ROAD HUMBLE, TX 77346-0000
  8. JUDGMENT ENTRY(56656387) SENT BY EMAIL. TO: LAURA C. INFANTE [email protected]
  9. JUDGMENT ENTRY(56656386) SENT BY EMAIL. TO: LAURA C. INFANTE [email protected]
  10. JUDGMENT ENTRY(56656385) SENT BY EMAIL. TO: LAURA C. INFANTE [email protected]
  11. JUDGMENT ENTRY(56656384) SENT BY EMAIL. TO: ROBERT R. HOOSE [email protected]
  12. JUDGMENT ENTRY(56656383) SENT BY EMAIL. TO: ROBERT R. HOOSE [email protected]
  13. JUDGMENT ENTRY(56656382) SENT BY EMAIL. TO: ROBERT E DINTAMAN [email protected]
  14. JUDGMENT ENTRY(56656381) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  15. JUDGMENT ENTRY(56656380) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  16. DECREE OF CONFIRMATION (Parcel(s) #02219123) 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 TARRIFY PROPERTIES LLC 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. NOTICE ISSUED
  17. PLAINTIFF'S MOTION SUPPLEMENTAL ORDER OF DISTRIBUTION, FILED 03/12/2025, IS GRANTED. PLAINTIFF, TOWD POINT MORTGAGE TRUST 2018-1, U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE'S MOTION FOR SUPPLEMENTAL ORDER OF DISTRIBUTION IS GRANTED. THE COURT FINDS THAT PLAINTIFF, PURSUANT TO THE TERMS OF THE MORTGAGE, ADVANCED ADDITIONAL SUMS FOR PAYMENT OF REAL ESTATE TAXES, HAZARD INSURANCE AND PROPERTY PROTECTION FOR WHICH IT IS ENTITLED TO BE REIMBURSED FROM THE PROCEEDS OF THE SALE WITH THE SAME PRIORITY OF ITS MORTGAGE. THE COURT FINDS THAT THE TOTAL SUM TO BE REIMBURSED IS $7,971.09 WHICH CONSISTS OF $4,971.03 FOR REAL ESTATE TAXES, AND $3,000.06 FOR HAZARD INSURANCE. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT THE ORDER OF DISTRIBUTION ENTERED AT CIVIL JOURNAL ON 1/09/2007 IS HEREBY AMENDED AS FOLLOWS: 4. TO THE PLAINTIFF THE SUM OF $7,971.09 ADVANCED FOR THE PAYMENT OF REAL ESTATE TAXES AND HAZARD INSURANCE. 5. THE BALANCE, IF ANY, TO BE HELD BY THE CLERK OF COURTS, PENDING FURTHER ORDER OF THIS COURT. NOTICE ISSUED
  18. PLAINTIFF TOWD POINT MORTGAGE TRUST 2018-1, U.S. BANK NATIONAL ASSOCIATION'S MOTION FOR EXTENSION OF TIME TO FILE A MOTION FOR SUPPLEMENTAL ORDER OF DISTRIBUTION, FILED 02/11/2025, IS GRANTED. NOTICE ISSUED
  19. POST JUDGMENT MOTION $30 TED A HUMBERT (0022307) PLAINTIFF'S MOTION SUPPLEMENTAL ORDER OF DISTRIBUTION
  20. DEPOSIT AMOUNT PAID TED A HUMBERT
  21. MOTION FILED FOR P1 TOWD POINT MORTGAGE TRUST 2018-1, U.S. BANK NATIONAL ASSOCIATION, AS TED A HUMBERT 0022307 PLAINTIFF'S MOTION FOR EXTENSION TO FILE MOTION FOR SUPPLEMENTAL ORDER OF DISTRIBUTION
  22. SHERIFF SALE VACATED
  23. SHERIFF'S SUPPLEMENTAL RETURN: SHERIFF TO HOLD FOR FURTHER ORDER OF THE COURT PAID: KA & CO REALTY $70,760
  24. THE COURT ORDER OF 12/03/2024, IS AMENDED TO STATE THAT PURCHASER KAY & CO'S MOTION TO VACATE SHERIFF'S SALE, FILED 09/16/2024, IS DEEMED A MOTION TO INTERVENE AND VACATE SHERIFF'S SALE AND IS GRANTED. THE CLERK OF COURT IS ORDERED TO LIST THE SHERIFF SALE PURCHASER, KAY & CO REALTY, AS A PARTY DEFENDANT WITH ROBERT E DINTAMAN (OHIO BAR 0069555) AS COUNSEL OF RECORD. THE SHERIFF IS ORDERED TO RETURN THE ORDER OF SALE WITHOUT EXECUTION. THE SHERIFF IS FURTHER ORDERED TO RETURN FUNDS DEPOSITED BY THE PURCHASER KAY & CO AS FOLLOWS: THE SHERIFF IS ORDERED TO GIVE $2,500 TO PLAINTIFF FOR THE COSTS OF A NEW SALE. THE SHERIFF IS FURTHER ORDERED TO RETURN THE REMAINING DEPOSIT $72,600.00 TO PURCHASER KAY & CO. (THE SHERIFF MAY HAVE PREVIOUSLY PAID PURCHASER KAY & CO $2,500, AS SUCH THIS AMOUNT WOULD BE DEDUCTED FROM THE $72,600.) THE SHERIFF IS FURTHER ORDERED TO MARK VOID ANY SHERIFF'S DEED WHICH MAY HAVE BEEN PREPARED AS A RESULT OF THE ABOVE SALE. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  25. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $633.60 PREPAID TO LEGAL NEWS.
  26. PLUR ORDER OF SALE RETURNED 1/22/2025, SOLD DATE 1/21/2025 SOLD TO: TARRIFY PROPERTIES LLC FOR $77,900.00
  27. POST JUDGMENT MOTION $30 ROBERT E DINTAMAN (0069555) MOTION TO RETURN REMAINING BALANCE OF PURCHASER KAY & CO.'S PURCHASE ON DEPOSIT WITH THE SHERIFF'S OFFICE
  28. DEPOSIT AMOUNT PAID ROBERT E DINTAMAN
  29. LAND APPRAISAL PLUR
  30. NOTICE FILED BY P1 TOWD POINT MORTGAGE TRUST 2018-1, U.S. BANK NATIONAL ASSOCIATION, AS ATTORNEY ROBERT R. HOOSE 0074544 NOTICE OF SHERIFF'S SALE
  31. SHERIFF SALE VACATED
  32. PLURIES ORDER OF SALE ISSUED TO SHERIFF TO SHERIFF WITHOUT APPRAISAL Parcel#(s) 022-19-123
  33. DEPOSIT AMOUNT PAID ROBERT R. HOOSE
  34. PRAECIPE FOR ORDER OF SALE $600 PRAECIPE FOR PLURIES ORDER OF SALE
  35. PURCHASER KAY & CO'S MOTION TO VACATE SHERIFF'S SALE, FILED 09/16/2024, IS DEEMED A MOTIONTO INTERVENE AND VACATE SHERIFF'S SALE AND IS GRANTED. THE CLERKK OF COURT IS ORDERED TO LIST THE SHERIFF SALE PURCHASER, KAY & CO REALTY, AS A PARTY DEFENDANT WITH ROBERT E DINTAMAN (OHIO BAR 0069555) AS COUNSEL OF RECORD. THE SHERIFF IS ORDERED TO RETURN THE ORDER OF SALE WITHOUT EXECUTION. THE SHERIFF IS FURTHER ORDERED TO PARTIALLY RETURN FUNDS DEPOSITED BY THE PURCHASER. SPECIFICALLY THE SHERIFF IS ORDERED TO RETURN $2,500 TO THE PURCHASER AND TO GIVE THE REMAINING HALF ($2,500) TO PLAINTIFF FOR THE COSTS OF A NEW SALE. THE SHERIFF IS FURTHER ORDERED TO MARK VOID ANY SHERIFF'S DEED WHICH MAY HAVE BEEN PREPARED AS A RESULT OF THE ABOVE SALE. NOTICE ISSUED
  36. PLAINTIFF'S MOTION SUPPLEMENTAL ORDER OF DISTRIBUTION IS GRANTED. UPON MOTION OF THE PLAINTIFF AND FOR GOOD CAUSE SHOWN, THE COURT FINDS THAT PLAINTIFF HAS ADVANCED THE AMOUNT OF $6,953.71 FOR PAYMENT OF REAL ESTATE TAXES AND HAZARD INSURANCE PREMIUMS, WHICH AMOUNT IS SECURED BY THE FIRST MORTGAGE LIEN OF THE PLAINTIFF, AND FOR WHICH PLAINTIFF IS ENTITLED TO DISTRIBUTION FROM THE PROCEEDS OF THE SALE OF SAID PROPERTY. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT THE ORDER OF DISTRIBUTION IN THE JUDGMENT ENTRY FILED HEREIN BE AMENDED AND SUPPLEMENTED AS FOLLOWS: FOURTH: TO THE PLAINTIFF, THE SUM OF $6,953.71 FOR REAL ESTATE TAXES AND HAZARD INSURANCE PREMIUMS; FIFTH: THE BALANCE, IF ANY, TO BE HELD BY THE CLERK OF COURTS, PENDING FURTHER ORDER. IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT, PURSUANT TO CIV.R. 54(B), THERE IS NO JUST REASON FOR DELAY. IT IS FURTHER ORDERED, ADJUDGE AND DECREED THAT, PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS MUST SERVICE, 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 NOT THE SERVICE ON THE APPEARANCE DOCKET. IT IS SO ORDERED. NOTICE ISSUED
  37. PLAINTIFF TOWD POINT MORTGAGE TRUST 2018-1, U.S. BANK NATIONAL ASSOCIATION'S MOTION FOR EXTENSION OF TIME TO FILE A MOTION FOR SUPPLEMENTAL ORDER OF DISTRIBUTION IS GRANTED. THE MOTION IS DEEMED TIMELY FILED. NOTICE ISSUED
  38. BRIEF IN OPPOSITION FILED BY P1 TOWD POINT MORTGAGE TRUST 2018-1, U.S. BANK NATIONAL ASSOCIATION, AS LAURA C. INFANTE 0082050 PLAINTIFF'S RESPONSE TO PURCHASER'S MOTION TO VACATE
  39. MOTION TO VACATE $30.00 . ROBERT E DINTAMAN (0069555) PURCHASER KAY & CO'S MOTION TO VACATE SHERIFF'S SALE
  40. DEPOSIT AMOUNT PAID ROBERT E DINTAMAN
  41. ALI ORDER OF SALE RETURNED 9/9/2024, SOLD DATE 6/10/2024 SOLD TO: KAY & CO REALTY FOR $75,100.00
  42. POST JUDGMENT MOTION $30 TED A HUMBERT (0022307) PLAINTIFF'S MOTION SUPPLEMENTAL ORDER OF DISTRIBUTION
  43. DEPOSIT AMOUNT PAID CLUNK, HOOSE CO., LPA
  44. ALI ORDER OF SALE RETURNED 06/11/2024, SOLD DATE 06/10/2024 SOLD TO: KAY & CO REALTY FOR $75,100.00
  45. MOTION FILED FOR P1 TOWD POINT MORTGAGE TRUST 2018-1, U.S. BANK NATIONAL ASSOCIATION, AS TED A HUMBERT 0022307 PLAINTIFF'S MOTION FOR EXTENSION TO FILE MOTION FOR SUPPLEMENTAL ORDER OF DISTRIBUTION 10/29/2024 - GRANTED
  46. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $633.60 PREPAID TO LEGAL NEWS.
  47. NOTICE FILED BY P1 TOWD POINT MORTGAGE TRUST 2018-1, U.S. BANK NATIONAL ASSOCIATION, AS ATTORNEY ROBERT R. HOOSE 0074544 NOTICE OF SALE
  48. LAND APPRAISAL ALI .
  49. ALIAS ORDER OF SALE ISSUED TO TO SHERIFF WITHOUT APPRAISAL Parcel#(s) 022-19-123
  50. DEPOSIT AMOUNT PAID ROBERT R. HOOSE
  51. PRAECIPE FOR ORDER OF SALE $600 ALIAS ORDER OF SALE
  52. ORDER OF SALE Parcel Number: 022-19-123 ORDER OF SALE, WITH REPORT OF SALE ATTACHED, RETURNED 04/12/2024. CANCELLED BY ATTORNEY. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $53.00 *****SHERIFF FEES***** NOTICE TO PRINTER 0.00 ORDER OF SALE FEE 0.00 POUNDAGE(*) 0.00 COST OF DEED PREPERATION 0.00 LEGAL NEWS 0.00 =======TOTAL OF FEES $0.00 .
  53. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $53.00
  54. NOTICE FILED BY P1 TOWD POINT MORTGAGE TRUST 2018-1, U.S. BANK NATIONAL ASSOCIATION, AS ATTORNEY ROBERT R. HOOSE 0074544 NOTICE OF SHERIFF'S SALE
  55. RECORDER'S FEE $1.00
  56. CERTIFICATE OF TITLE $468.00 PAY TO THE LAW OFFICES OF JOHN D. CLUNK
  57. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 03/04/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 03/04/2024 IT WILL BE RE-OFFERED ON 03/18/2024 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: MARK BUTLER, APPRAISAL COST: $52.17 REGULAR FEE AND MILEAGE. RICHARD W CAREY, APPRASIAL COST: $50 REGULAR FEE. THOMAS P HOGAN, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-980145 DATED THIS 30th DAY OF JANUARY, 2024 NOTICE ISSUED NOTICE ISSUED
  58. LAND APPRAISAL OOS, FILED.
  59. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 022-19-123
  60. REAL AUCTION
  61. DEPOSIT AMOUNT PAID ROBERT R. HOOSE
  62. PRAECIPE FOR ORDER OF SALE $820 ORDER OF SALE
  63. JUDGMENT ENTRY(52812826) SENT BY REGULAR MAIL SERVICE. TO: NANCI TERBRACK 9230 ROLLING RAPIDS ROAD HUMBLE, TX 77346-0000
  64. JUDGMENT ENTRY(52812825) SENT BY REGULAR MAIL SERVICE. TO: JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF NANCI TERBRACK 9230 ROLLING RAPIDS ROAD HUMBLE, TX 77346-0000
  65. JUDGMENT ENTRY(52812824) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  66. JUDGMENT ENTRY(52812823) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  67. JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
  68. MAGISTRATE'S DECISION(52641464) SENT BY REGULAR MAIL SERVICE. TO: NANCI TERBRACK 9230 ROLLING RAPIDS ROAD HUMBLE, TX 77346-0000
  69. MAGISTRATE'S DECISION(52641463) SENT BY REGULAR MAIL SERVICE. TO: JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF NANCI TERBRACK 9230 ROLLING RAPIDS ROAD HUMBLE, TX 77346-0000
  70. MAGISTRATE'S DECISION(52641462) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  71. MAGISTRATE'S DECISION(52641461) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  72. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  73. TELEPHONIC DEFAULT HEARING HELD BY MAGISTRATE. PLAINTIFF APPEARED. DEFENDANTS DID NOT APPEAR. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. A MAGISTRATE'S DECISION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF LAW WILL ISSUE FORTHWITH. NOTICE ISSUED
  74. FAILED POSTCARD RESEND OM(52580245) SENT BY REGULAR MAIL SERVICE. TO: NANCI TERBRACK 9230 ROLLING RAPIDS ROAD HUMBLE, TX 77346-0000
  75. FAILURE OF SERVICE WITH ADDRESS CHANGE PROVIDED BY THE POST OFFICE FOR TERBRACK /NANCI / AND RESENT OUT BY ORDINARY MAIL.
  76. NOTICE FILED BY P1 TOWD POINT MORTGAGE TRUST 2018-1, U.S. BANK NATIONAL ASSOCIATION, AS ATTORNEY TED A HUMBERT 0022307 NOTICE OF HEARING
  77. TELEPHONE DEFAULT HEARING SET FOR 12/18/2023 AT 09:15 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 TEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. NOTICE ISSUED
  78. GENERAL PLEADING FILED BY P1 TOWD POINT MORTGAGE TRUST 2018-1, U.S. BANK NATIONAL ASSOCIATION, AS ATTORNEY TED A HUMBERT 0022307 FINAL JUDICIAL REPORT
  79. AFFIDAVIT FILED BY P1 TOWD POINT MORTGAGE TRUST 2018-1, U.S. BANK NATIONAL ASSOCIATION, AS ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF NON MILITARY
  80. AFFIDAVIT FILED BY P1 TOWD POINT MORTGAGE TRUST 2018-1, U.S. BANK NATIONAL ASSOCIATION, AS ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT REGARDING MILITARY STATUS
  81. AFFIDAVIT FILED BY P1 TOWD POINT MORTGAGE TRUST 2018-1, U.S. BANK NATIONAL ASSOCIATION, AS ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF COUNSEL
  82. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 12/18/2023 - GRANTED
  83. LEGAL NEWS ABSTRACT
  84. PROOF OF PUBLICATION FILED $661.00 - LEGAL NEWS FEE $250.00
  85. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $411.00
  86. CERTIFIED MAIL NUMBER 51308634 ADDRESSED TO NANCI TERBRACK (D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  87. CERTIFIED MAIL NUMBER 51308635 ADDRESSED TO JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF NANCI TERBRACK(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  88. DEPOSIT AMOUNT PAID TED A HUMBERT
  89. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE PUBLICATION
  90. SUMS COMPLAINT(51308635) SENT BY CERTIFIED MAIL. TO: JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF NANCI TERBRACK 9230 ROLLING RAPIDS ROAD HUMBLE, TX 77346-0000
  91. SUMS COMPLAINT(51308634) SENT BY CERTIFIED MAIL. TO: NANCI TERBRACK 9230 ROLLING RAPIDS ROAD HUMBLE, TX 77346-0000
  92. SUMMONS E-FILE COPY COST
  93. SUMMONS E-FILE COPY COST
  94. WRIT FEE
  95. WRIT FEE
  96. CERTIFIED MAIL NUMBER 50781239 ADDRESSED TO JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF NANCI TERBRACK(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  97. CERTIFIED MAIL NUMBER 50781238 ADDRESSED TO NANCI TERBRACK (D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  98. REQUEST FOR SERVICE FILED REISSUE CERTIFIED MAIL
  99. SUMS COMPLAINT(50781239) SENT BY CERTIFIED MAIL. TO: JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF NANCI TERBRACK 9230 ROLLING RAPIDS RD HUMBLE, TX 77346-0000
  100. SUMS COMPLAINT(50781238) SENT BY CERTIFIED MAIL. TO: NANCI TERBRACK 9230 ROLLING RAPIDS RD HUMBLE, TX 77346-0000
  101. CERTIFIED MAIL RECEIPT NO. 50765627 RETURNED 6/5/2023 FAILURE OF SERVICE ON DEFENDANT JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF NANCI TERBRACK - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  102. CERTIFIED MAIL RECEIPT NO. 50765626 RETURNED 6/5/2023 FAILURE OF SERVICE ON DEFENDANT TERBRACK /NANCI / - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  103. SUMMONS E-FILE COPY COST
  104. SUMMONS E-FILE COPY COST
  105. WRIT FEE
  106. WRIT FEE
  107. SUMS COMPLAINT(50765627) SENT BY CERTIFIED MAIL. TO: JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF NANCI TERBRACK 13820 LEROY AVENUE CLEVELAND, OH 44135
  108. SUMS COMPLAINT(50765626) SENT BY CERTIFIED MAIL. TO: NANCI TERBRACK 13820 LEROY AVENUE CLEVELAND, OH 44135
  109. SUMMONS E-FILE COPY COST
  110. WRIT FEE
  111. WRIT FEE
  112. SUMMONS E-FILE COPY COST
  113. 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
  114. MAGISTRATE MONICA KLEIN ASSIGNED (MANUALLY)
  115. 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
  116. JUDGE DEENA R CALABRESE ASSIGNED (RANDOM)
  117. SPECIAL PROJECTS FUND FEE
  118. LEGAL RESEARCH
  119. LEGAL NEWS
  120. LEGAL AID
  121. COMPUTER FEE
  122. CLERK'S FEE
  123. DEPOSIT AMOUNT PAID TED A HUMBERT
  124. DEPOSIT AMOUNT PAID TED A HUMBERT

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