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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-06-20
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 98 entries

Parties

Plaintiff Weststar Mortgage Corporation
Defendant Chelsey Riley|Unk. Spouse Of Chelsey Riley|Tyler Stewart|Unk. Spouse Of Tyler Stewart|United States Of America, Secretary Of Housing And Urban Development C/o Office Of The United States Attorney
Photo of Hon. JOHN D SUTULA

Judge

Hon. JOHN D SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. THE MOTION FOR SUBSTITUTION AND FOR DISTRIBUTION OF EXCESS SALE PROCEEDS BY BRIAN MCCLAIN, TUPELO CAPITAL, LLC'S IS DENIED AS MOOT. A REVIEW OF THE DOCKET SUGGESTS THAT THE CLERK IS NOT IN POSSESSION OF EXCESS FUNDS. THE MOVANT MAY REFILE ITS MOTION IF IT CAN DEMONSTRATE THERE ARE EXCESS FUNDS. NOTICE ISSUED
  3. DEPOSIT AMOUNT PAID SHERIFF
  4. DEPOSIT REQUIRED FOR COURT COST TO CLERK $1,026.67 SHERIFF
  5. TO COURT: 11/21/2024 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: WESTSTAR MORTGAGE CORPORATION ........................................................................................... FOR $134,460.00 DATE OF SALE 06/03/2024 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  6. AMENDED OOS ORDER OF SALE RETURNED 06/06/2024, SOLD DATE 06/03/2024 SOLD TO: WESTSTAR MORTAGE CORPORATION FOR $134,460.00
  7. RECORDER'S FEE $2.00
  8. CERTIFICATE OF TITLE $738.00 PAY TO MCCALLA RAYMER LEIBERT PIERCE, LLC
  9. MOTION FILED FOR DEFENDANT(S) CHELSEY RILEY(D1) and TYLER STEWART(D3) JAMES L SASSANO 0062253 MOTION FOR SUBSTITUTION AND FOR DISBURSEMENT OF EXCESS SALE PROCEEDS
  10. DECREE OF CONFIRMATION (Parcel(s) #70305034) 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 WESTSTAR 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 ORDER AND ITS DATE OF ENTRY UPON THE JOURNAL AND MUST NOTE THE SERVICE ON THE APPEARANCE DOCKET. NOTICE ISSUED
  11. PLAINTIFF'S RENEWED MOTION TO AMEND SHERIFF'S REPORT OF SALE TO CORRECT PURCHASER NAME IS GRANTED. THE REPORT OF SALE IS HERE BY AMENDED TO REFLECT THE PURCHASER AS "WESTSTAR MORTGAGE CORPORATION." NOTICE ISSUED
  12. MOTION FILED FOR P1 WESTSTAR MORTGAGE CORPORATION MELISSA J WHALEN 0068316 RENEWED MOTION TO AMEND SHERIFF'S REPORT OF SALE 08/22/2024 - GRANTED
  13. PLAINTIFF'S MOTION TO AMEND SHERIFF'S REPORT OF SALE TO CHANGE PURCHASER NAME IS DENIED. NOTHING ON THE DOCKET REFLECTS THAT PLAINTIFF WAS THE PURCHASER AT THE SHERIFF'S SALE. ADDITIONALLY, PLAINTIFF'S MOTION IS DEVOID OF ANY EVIDENCE, AN AFFIDAVIT OR OTHERWISE, WHICH EVIDENCES THAT PLAINTIFF WAS THE SUCCESSFUL PURCHASER AT SHERIFF'S SALE. PLAINTIFF IS GRANTED LEAVE TO REFILE ITS' MOTION. NOTICE ISSUED
  14. MOTION FILED FOR P1 WESTSTAR MORTGAGE CORPORATION MELISSA J WHALEN 0068316 MOTION TO AMEND SHERIFF'S REPORT OF SALE TO CHANGE PURCHASER NAME 07/18/2024 - DENIED
  15. PROOF OF PUBLICATION FILED - LEGAL NEWS PUBLICATION FEE $0. A PAYMENT OF $0 WAS MADE DIRECTLY TO LEGAL NEWS WITH A BALANCE OF $626.00 OWED.
  16. OOS ORDER OF SALE RETURNED 6/6/2024, SOLD DATE 6/3/2024 SOLD TO: FREEDOM MORTGAGE CORPORATION FOR $134,460.00
  17. NOTICE FILED BY P1 WESTSTAR MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 NOTICE TO THE COURT
  18. NOTICE FILED BY P1 WESTSTAR MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 NOTICE OF SALE
  19. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 05/06/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 05/06/2024 IT WILL BE RE-OFFERED ON 05/20/2024 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: RUTH A LASSITER, APPRAISAL COST: $51.43 REGULAR FEE AND MILEAGE. THOMAS P HOGAN, APPRAISAL COST: $50 REGULAR FEE. MICHAEL D. WAGNER, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-981258 DATED THIS 2nd DAY OF APRIL, 2024 NOTICE ISSUED NOTICE ISSUED
  20. LAND APPRAISAL OOS
  21. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 703-05-034
  22. REAL AUCTION
  23. DEPOSIT AMOUNT PAID MELISSA J WHALEN
  24. PRAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE
  25. MOTION FILED FOR P1 WESTSTAR MORTGAGE CORPORATION MELISSA J WHALEN 0068316 PLAINTIFF'S MOTION FOR ORDER AUTHORIZING PRIVATE SELLING OFFICER TO SELL REAL PROPERTY AT PUBLIC AUCTION, FILED 03/07/2024, IS DENIED. NOTICE ISSUED
  26. MOTION FILED FOR P1 WESTSTAR MORTGAGE CORPORATION MELISSA J WHALEN 0068316 PLAINTIFF'S MOTION FOR ORDER AUTHORIZING PRIVATE SELLING OFFICER TO SELL REAL PROPERTY AT PUBLIC AUCTION 03/13/2024 - DENIED
  27. JUDGMENT ENTRY(53037527) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF TYLER STEWART 1444 DILL ROAD SOUTH EUCLID, OH 44121
  28. JUDGMENT ENTRY(53037525) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF CHELSEY RILEY 1444 DILL ROAD SOUTH EUCLID, OH 44121
  29. JUDGMENT ENTRY(53037524) SENT BY REGULAR MAIL SERVICE. TO: CHELSEY RILEY 1444 DILL ROAD SOUTH EUCLID, OH 44121
  30. JUDGMENT ENTRY(53037523) SENT BY EMAIL. TO: ELIZABETH DEUCHER [email protected]
  31. JUDGMENT ENTRY(53037522) SENT BY EMAIL. TO: RICHARD ROTHFUSS [email protected]
  32. JUDGMENT ENTRY(53037521) SENT BY EMAIL. TO: MELISSA J WHALEN [email protected]
  33. ORDER ADOPTING MAGISTRATE'S DECISION AND DECREE OF FORECLOSURE. ORDER SEE JOURNAL. FINAL. 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
  34. MAGISTRATE'S DECISION(52772075) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF CHELSEY RILEY 1444 DILL ROAD SOUTH EUCLID, OH 44121
  35. MAGISTRATE'S DECISION(52772074) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF TYLER STEWART 1444 DILL ROAD SOUTH EUCLID, OH 44121
  36. MAGISTRATE'S DECISION(52772073) SENT BY REGULAR MAIL SERVICE. TO: CHELSEY RILEY 1444 DILL ROAD SOUTH EUCLID, OH 44121
  37. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT, FILED 11/10/2023, IS GRANTED. NOTICE ISSUED
  38. CASE CALLED FOR HEARING. ONLY COUNSEL FOR PLAINTIFF APPEARED. NO COURT REPORTER, BUT DIGITIALLY RECORDED. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. MAGISTRATE'S DECISION TO ISSUE. NOTICE ISSUED
  39. MAGISTRATE'S DECISION(52772072) SENT BY EMAIL. TO: MELISSA J WHALEN [email protected]
  40. MAGISTRATE'S DECISION(52772071) SENT BY EMAIL. TO: ELIZABETH DEUCHER [email protected]
  41. MAGISTRATE'S DECISION(52772070) SENT BY EMAIL. TO: RICHARD ROTHFUSS [email protected]
  42. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  43. NOTICE FILED BY P1 WESTSTAR MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 NOTICE OF DEFAULT JUDGMENT HEARING
  44. TELEPHONE DEFAULT HEARING SET FOR 01/10/2024 AT 09:15 AM. THE CASE IS SET FOR TELEPHONE DEFAULT HEARING. 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 14 DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. NOTICE ISSUED
  45. GENERAL PLEADING FILED BY P1 WESTSTAR MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 FINAL JUDICIAL REPORT
  46. AFFIDAVIT FILED BY P1 WESTSTAR MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 AFFIDAVVIT OF MELISSA J WHALEN
  47. AFFIDAVIT FILED BY P1 WESTSTAR MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 AFFIDAVIT AS TO MILITARY SERVICE
  48. AFFIDAVIT FILED BY P1 WESTSTAR MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 AFFIDAVIT OF STATUS OF ACCOUNT
  49. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 01/10/2024 - GRANTED
  50. A REVIEW OF THE DOCKET SHOWS NO ACTIVITY SINCE AUGUST 23, 2023. PLAINTIFF IS ORDERED TO PERFECT SERVICE ON ALL PARTIES AND FILE DOCUMENTS NECESSARY TO OBTAIN JUDGMENT ON OR BEFORE NOVEMBER 10, 2023. FAILURE TO DO SO WILL RESULT IN THE DISMISSAL OF PLAINTIFF'S CLAIMS WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. NOTICE ISSUED
  51. ANSWER FILED BY D5 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT ATTORNEY ELIZABETH DEUCHER 0095442 ANSWER OF THE UNITED STATES OF AMERICA
  52. CERTIFIED MAIL RECEIPT NO. 50967538 RETURNED 7/20/2023 FAILURE OF SERVICE ON DEFENDANT RILEY/CHELSEY/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  53. CERTIFIED MAIL RECEIPT NO. 50967537 RETURNED 7/20/2023 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF CHELSEY RILEY - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  54. CERTIFIED MAIL RECEIPT NO. 50967535 RETURNED 7/20/2023 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF TYLER STEWART - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  55. CERTIFIED MAIL RECEIPT NO. 50967536 RETURNED 7/20/2023 FAILURE OF SERVICE ON DEFENDANT STEWART/TYLER/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  56. USPS RECEIPT NO. 50967534 DELIVERED BY USPS 07/06/2023 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT PROCESSED BY COC 07/12/2023.
  57. USPS RECEIPT NO. 50967533 DELIVERED BY USPS 06/30/2023 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT PROCESSED BY COC 07/12/2023.
  58. 50934436 ON 06/27/2023 I SERVED THE WITHIN NAMED RILEY/CHELSEY/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  59. 50934439 ON 06/27/2023 I SERVED THE WITHIN NAMED UNK. SPOUSE OF TYLER STEWART BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  60. 50934437 ON 06/27/2023 I SERVED THE WITHIN NAMED UNK. SPOUSE OF CHELSEY RILEY BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  61. 50934438 ON 06/27/2023 I SERVED THE WITHIN NAMED STEWART/TYLER/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  62. SUMS COMPLAINT(50967538) SENT BY CERTIFIED MAIL. TO: CHELSEY RILEY 1444 DILL ROAD SOUTH EUCLID, OH 44121
  63. SUMS COMPLAINT(50967537) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF CHELSEY RILEY 1444 DILL ROAD SOUTH EUCLID, OH 44121
  64. SUMS COMPLAINT(50967536) SENT BY CERTIFIED MAIL. TO: TYLER STEWART 1444 DILL ROAD SOUTH EUCLID, OH 44121-0000
  65. SUMS COMPLAINT(50967535) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF TYLER STEWART 1444 DILL ROAD SOUTH EUCLID, OH 44121
  66. SUMS COMPLAINT(50967534) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT ATTORNEY GENERAL ATTN: CIVIL DIV 950 PENNSYLVANIA AVE NW WASHINGTON, DC 20530-0000
  67. SUMS COMPLAINT(50967533) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT UNITED STATES COURT HOUSE 801 WEST SUPERIOR AVENUE; SUITE 400 CLEVELAND, OH 44113
  68. WRIT FEE
  69. WRIT FEE
  70. WRIT FEE
  71. WRIT FEE
  72. WRIT FEE
  73. WRIT FEE
  74. MAGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  75. 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
  76. 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
  77. SUMS COMPLAINT(50934439) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF TYLER STEWART 1444 DILL ROAD SOUTH EUCLID, OH 44121
  78. SUMS COMPLAINT(50934438) SENT BY SPECIAL PROCESS SERVER. TO: TYLER STEWART 1444 DILL ROAD SOUTH EUCLID, OH 44121-0000
  79. SUMS COMPLAINT(50934437) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF CHELSEY RILEY 1444 DILL ROAD SOUTH EUCLID, OH 44121
  80. SUMS COMPLAINT(50934436) SENT BY SPECIAL PROCESS SERVER. TO: CHELSEY RILEY 1444 DILL ROAD SOUTH EUCLID, OH 44121
  81. SUMMONS E-FILE COPY COST
  82. SUMMONS E-FILE COPY COST
  83. SUMMONS E-FILE COPY COST
  84. SUMMONS E-FILE COPY COST
  85. WRIT FEE
  86. WRIT FEE
  87. WRIT FEE
  88. WRIT FEE
  89. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE PROCESS SERVICE
  90. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  91. SPECIAL PROJECTS FUND FEE
  92. LEGAL RESEARCH
  93. LEGAL NEWS
  94. LEGAL AID
  95. COMPUTER FEE
  96. CLERK'S FEE
  97. DEPOSIT AMOUNT PAID MELISSA J WHALEN
  98. DEPOSIT AMOUNT PAID MELISSA J WHALEN

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