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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-06-19
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 65 entries

Parties

Plaintiff Bank Of New York Mellon Trust Company, N.a. As Trustee For Mortgage Assets Management Series I Trust|Mortgage Assets Management, Llc
Defendant Ernestine Dixon|Unknown Spouse Of Ernestine Dixon, If Any, Name Unknown|United States Of America Acting By And Through Its Agency The Departme Nt Of Housing And Urban Development C/o The U.s. Attorney For The Northern District Of Ohio United States Court House|United States Of America C/o U S Attorney General|Cuyahoga County Treasurer
Photo of Hon. KATHLEEN ANN SUTULA

Judge

Hon. KATHLEEN ANN SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST, SERVICE REQUEST, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. AFFIDAVIT FILED BY P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. ATTORNEY BRIAN S JACKSON 0068516 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION TO VACATE DISMISSAL ORDER
  3. MOTION TO VACATE $30.00 BRIAN S JACKSON (0068516) PLAINTIFF'S MOTION TO VACATE DISMISSAL ORDER 06/17/2024 - MOOT
  4. DEPOSIT AMOUNT PAID BRIAN S JACKSON
  5. PLAINTIFF'S MOTION FOR LEAVE OF COURT TO FILE SECOND AMENDED COMPLAINT FILED ON 3/4/24 IS DENIED. THE WITHIN CASE WAS FILED ON 6/19/23. AFTER PERIODS OF DELAY, THE COURT HAD WARNED PLAINTIFF ON BOTH 11/27/23 AND 1/16/24 TO PROSECUTE ITS CASE IN A TIMELY MANNER. PLAINTIFF FAILED TO DO THIS. THUS, PER COURT ORDERS OF 11/27/23 AND 1/16/24, THE COURT DISMISSES THIS CASE IN ITS ENTIRETY WITHOUT PREJUDICE. COSTS TO PLAINTIFF. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
  6. MOTION FILED FOR P2 MORTGAGE ASSETS MANAGEMENT, LLC NATHAN R. DUVELIUS 0095144 MOTION FOR LEAVE OF COURT TO FILE AMENDED COMPLAINT 03/06/2024 - DENIED
  7. PLAINTIFF HAS FILED ITS AMENDED COMPLAINT ON 12/20/23. PLAINTIFF IS ONCE AGAIN WARNED TO PROSECUTE ITS CASE IN A TIMELY MANNER. FAILURE TO DO SO MAY RESULT IN DISMISSAL WITHOUT PREJUDICE. NOTICE ISSUED
  8. DEPOSIT AMOUNT PAID NATHAN R. DUVELIUS
  9. AMENDED COMPLAINT $75 AMENDED COMPLAINT FOR MONEY, FORECLOSURE, AND REFORMATION
  10. PLAINTIFF'S MOTION FOR LEAVE OF COURT TO FILE AMENDED COMPLAINT FILED ON 12/19/23 IS GRANTED. PLAINTIFF HAS UNTIL 12/28/23 TO FILE ITS AMENDED COMPLAINT. FAILURE TO DO SO MAY RESULT IN DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. NOTICE ISSUED
  11. MOTION FILED FOR P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. NATHAN R. DUVELIUS 0095144 MOTION FOR LEAVE OF COURT TO FILE AMENDED COMPLAINT 12/20/2023 - GRANTED
  12. NOTICE OF SUBSTITUTION OF COUNSEL FILED NOTICE OF SUBSTITUTION OF COUNSEL
  13. GENERAL PLEADING FILED BY P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. ATTORNEY EDWARD DELP 0088641 PLAINTIFF'S RESPONSE TO MAGISTRATE'S ORDER
  14. PLAINTIFF IS TO PROSECUTE ITS CASE IN A TIMELY MANNER. FAILURE TO DO SO MAY RESULT IN DISMISSAL WITHOUT PREJUDICE. NOTICE ISSUED
  15. PLAINTIFF'S MOTION FOR SUBSTITUTION OF PLAINTIFF FILED ON 11/27/23 IS GRANTED. THE COURT ORDERS THE CLERK TO SUBSTITUTE THE FOLLOWING FOR PLAINTIFF AND CONTINUE TO LIST THE SAME ATTORNEY OF RECORD FOR THIS NEW PLAINTIFF: MORTGAGE ASSETS MANAGEMENT, LLC. NOTICE ISSUED
  16. MOTION FILED FOR P1 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. EDWARD DELP 0088641 MOTION FOR SUBSTITUTION OF PLAINTIFF 11/27/2023 - GRANTED
  17. NOTICE OF SUBSTITUTION OF COUNSEL FILED NOTICE OF SUBSTITUTION OF COUNSEL AND ENTRY OF APPERANCE
  18. SUMS COMPLAINT(51488604) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE OF ERNESTINE DIXON, IF ANY, NAME UNKNOWN 3627 RIEDHAM ROAD CLEVELAND, OH 44120 ANSWER DATE: 09/25/2023
  19. SUMMONS E-FILE COPY COST
  20. WRIT FEE
  21. ANSWER FILED BY DEFENDANT(S) UNITED STATES OF AMERICA ACTING BY AND THROUGH ITS AGENCY THE DEPARTME(D3) and UNITED STATES OF AMERICA(D4) ATTORNEY KIMBERLY L. LUBRANI 0088031 AMENDED ANSWER OF THE UNITED STATES OF AMERICA DISCLAIMING INTEREST
  22. REQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY ORDINARY MAIL
  23. 50909104 ON 06/22/2023 THE WITHIN NAMED DIXON/ERNESTINE / WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO REFUSED
  24. 50909105 ON 06/22/2023 THE WITHIN NAMED UNKNOWN SPOUSE OF ERNESTINE DIXON, IF ANY, NAME UNKNOWN WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  25. ANSWER FILED BY DEFENDANT(S) UNITED STATES OF AMERICA ACTING BY AND THROUGH ITS AGENCY THE DEPARTME(D3) and UNITED STATES OF AMERICA(D4) ATTORNEY KIMBERLY L. LUBRANI 0088031 ANSWER OF THE UNITED STATES OF AMERICA
  26. D1 ERNESTINE DIXON DEFENDANT'S ANSWER, FILED. PRO SE 9999999
  27. CERTIFIED MAIL RECEIPT NO. 50908939 RETURNED 7/18/2023 FAILURE OF SERVICE ON DEFENDANT UNKNOWN SPOUSE OF ERNESTINE DIXON, IF ANY, NAME UNKNOWN - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  28. ANSWER FILED BY D5 CUYAHOGA COUNTY TREASURER ATTORNEY MICHAEL COLLIN FYFFE 0100093 CUYAHOGA COUNTY TREASURER
  29. USPS RECEIPT NO. 50908941 DELIVERED BY USPS 06/27/2023 UNITED STATES OF AMERICA PROCESSED BY COC 07/12/2023.
  30. CERTIFIED MAIL RECEIPT NO. 50908942 RETURNED BY U.S. MAIL DEPARTMENT 06/22/2023 CUYAHOGA COUNTY TREASURER MAIL RECEIVED AT ADDRESS 06/28/2023 TENDERED TO AGENT FOR FINAL DELIVERY
  31. USPS RECEIPT NO. 50908940 DELIVERED BY USPS 06/22/2023 UNITED STATES OF AMERICA ACTING BY AND THROUGH ITS AGENCY THE DEPARTME PROCESSED BY COC 06/28/2023.
  32. USPS RECEIPT NO. 50908938 DELIVERED BY USPS 06/22/2023 DIXON/ERNESTINE / PROCESSED BY COC 06/28/2023.
  33. MAGISTRATE JOHN T DYKE ASSIGNED (MANUALLY)
  34. 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
  35. 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
  36. SUMS COMPLAINT(50908942) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER 2079 E 9TH STREET CLEVELAND, OH 44115
  37. SUMS COMPLAINT(50908941) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA 950 PENNSYLVANIA AVE. NW WASHINGTON, DC 20530
  38. SUMS COMPLAINT(50908940) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA ACTING BY AND THROUGH ITS AGENCY THE DEPARTME 801 WEST SUPERIOR AVENUE SUITE 400 CLEVELAND, OH 44113
  39. SUMS COMPLAINT(50908939) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE OF ERNESTINE DIXON, IF ANY, NAME UNKNOWN 3627 RIEDHAM ROAD CLEVELAND, OH 44120
  40. SUMS COMPLAINT(50908938) SENT BY CERTIFIED MAIL. TO: ERNESTINE DIXON 3627 RIEDHAM ROAD CLEVELAND, OH 44120
  41. SUMS COMPLAINT(50909105) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN SPOUSE OF ERNESTINE DIXON, IF ANY, NAME UNKNOWN 3627 RIEDHAM ROAD CLEVELAND, OH 44120
  42. SUMS COMPLAINT(50909104) SENT BY SPECIAL PROCESS SERVER. TO: ERNESTINE DIXON 3627 RIEDHAM ROAD CLEVELAND, OH 44120
  43. SUMMONS E-FILE COPY COST
  44. SUMMONS E-FILE COPY COST
  45. WRIT FEE
  46. WRIT FEE
  47. SUMMONS E-FILE COPY COST
  48. WRIT FEE
  49. SUMMONS E-FILE COPY COST
  50. SUMMONS E-FILE COPY COST
  51. SUMMONS E-FILE COPY COST
  52. SUMMONS E-FILE COPY COST
  53. WRIT FEE
  54. WRIT FEE
  55. WRIT FEE
  56. WRIT FEE
  57. JUDGE KATHLEEN ANN SUTULA ASSIGNED (RANDOM)
  58. SPECIAL PROJECTS FUND FEE
  59. LEGAL RESEARCH
  60. LEGAL NEWS
  61. LEGAL AID
  62. COMPUTER FEE
  63. CLERK'S FEE
  64. DEPOSIT AMOUNT PAID MARIA T WILLIAMS
  65. DEPOSIT AMOUNT PAID MARIA T WILLIAMS

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