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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-07-27
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 56 entries

Parties

Plaintiff Flagstar Bank, N.a.
Defendant Ashley C Nailor|Unk. Spouse Of Ashley C. Nailor, If Any
Photo of Hon. William T McGinty

Judge

Hon. William T McGinty

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. JUDGMENT ENTRY(53757862) SENT BY REGULAR MAIL SERVICE. TO: ASHLEY C NAILOR 19600 LOCHERIE AVE EUCLID, OH 44119
  3. JUDGMENT ENTRY(53757861) SENT BY EMAIL. TO: JEFFREY R. HELMS [email protected]
  4. JUDGMENT ENTRY(53757860) SENT BY EMAIL. TO: JEFFREY R. HELMS [email protected]
  5. CASE CALLED FOR A DEFAULT HEARING. PLAINTIFF'S DID NOT APPEAR. DEFENDANT(S) DID NOT APPEAR. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS DENIED. PLAINTIFF FAILED TO COMPLY WITH THE COURT'S ORDER OF 2/8/24 BY FAILING TO APPEAR AT THE DEFAULT HEARING. PLAINTIFF ALSO FAILED TO COMPLY WITH THE COURT'S ORDER OF 4/15/24 REQUIRING IT TO FILE UPDATED TITLE WORK. THEREFORE, THE CASE IS DISMISSED WITHOUT PREJUDICE AT PLAINTIFF'S COSTS. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). 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
  6. PLAINTIFF MUST UPLOAD PROPOSED ORDER ADOPTING MAGISTRATE'S DECISION IN WORKFLOW AND FILE UPDATED TITLE WORK ON OR BEFORE 4/29/24. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  7. NOTICE FILED BY P1 FLAGSTAR BANK, N.A. ATTORNEY JEFFREY R. HELMS 0075659 NOTICE OF HEARING
  8. TELEPHONE DEFAULT HEARING SET FOR 05/07/2024 AT 02:45 PM. 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. FAILURE TO APPEAR AT DEFAULT HEARING MAY RESULT IN DISMISSAL OF THE CASE. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  9. AFFIDAVIT FILED BY P1 FLAGSTAR BANK, N.A. ATTORNEY JEFFREY R. HELMS 0075659 AFFIDAVIT OF ATTORNEY
  10. NOTICE FILED BY P1 FLAGSTAR BANK, N.A. ATTORNEY JEFFREY R. HELMS 0075659 NOTICE OF FILING PROPOSED ORDER ADOPTING MAGISTRATE'S DECISION
  11. GENERAL PLEADING FILED BY P1 FLAGSTAR BANK, N.A. ATTORNEY JEFFREY R. HELMS 0075659 FINAL JUDICIAL REPORT
  12. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 05/07/2024 - DENIED
  13. AFFIDAVIT FILED BY P1 FLAGSTAR BANK, N.A. ATTORNEY JEFFREY R. HELMS 0075659 MILITARY AFFIDAVIT
  14. CASE CALLED FOR A DEFAULT HEARING. PLAINTIFF DID NOT APPEAR. DEFENDANT(S) DID NOT APPEAR. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS DENIED. PLAINTIFF MUST FILE DISPOSITIVE MOTIONS ON OR BEFORE 2/20/24. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  15. TELEPHONE DEFAULT HEARING SET FOR 02/06/2024 AT 02:45 PM. 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. FAILURE TO APPEAR AT DEFAULT HEARING MAY RESULT IN DISMISSAL OF THE CASE. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  16. PLAINTIFF'S MOTION TO APPOINT PSO IS DENIED AS MOOT. THERE HAS BEEN NO DECREE OF FORECLOSURE GRANTED, THEREFORE THE MOTION TO APPOINT PSO IS UNTIMELY. NOTICE ISSUED
  17. NOTICE FILED BY P1 FLAGSTAR BANK, N.A. ATTORNEY JEFFREY R. HELMS 0075659 NOTICE OF FILING PROPOSED ORDER ADOPTING MAGISTRATE'S DECISION
  18. MOTION FILED FOR P1 FLAGSTAR BANK, N.A. JEFFREY R. HELMS 0075659 PLAINTIFFS MOTION TO APPOINT A PRIVATE SELLING OFFICER 11/02/2023 - DENIED AS MOOT
  19. GENERAL PLEADING FILED BY P1 FLAGSTAR BANK, N.A. ATTORNEY JEFFREY R. HELMS 0075659 FINAL JUDICIAL REPORT
  20. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 02/06/2024 - DENIED
  21. AFFIDAVIT FILED BY P1 FLAGSTAR BANK, N.A. ATTORNEY JEFFREY R. HELMS 0075659 AFFIDAVIT OF ATTORNEY
  22. AFFIDAVIT FILED BY P1 FLAGSTAR BANK, N.A. ATTORNEY JEFFREY R. HELMS 0075659 MILITARY AFFIDAVIT
  23. 51251504 ON 08/07/2023 THE WITHIN NAMED UNK. SPOUSE OF ASHLEY C. NAILOR, IF ANY WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  24. 51251503 ON 08/07/2023 THE WITHIN NAMED NAILOR/ASHLEY/C WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  25. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  26. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  27. 51251504 ON 08/07/2023 THE WITHIN NAMED UNK. SPOUSE OF ASHLEY C. NAILOR, IF ANY WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  28. 51251503 ON 08/07/2023 THE WITHIN NAMED NAILOR/ASHLEY/C WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  29. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  30. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  31. USPS RECEIPT NO. 51251435 DELIVERED BY USPS 08/03/2023 UNK. SPOUSE OF ASHLEY C. NAILOR, IF ANY PROCESSED BY COC 08/09/2023.
  32. USPS RECEIPT NO. 51251434 DELIVERED BY USPS 08/03/2023 NAILOR/ASHLEY/C PROCESSED BY COC 08/09/2023.
  33. SUMS COMPLAINT(51251435) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF ASHLEY C. NAILOR, IF ANY 19600 LOCHERIE AVE EUCLID, OH 44119
  34. SUMS COMPLAINT(51251434) SENT BY CERTIFIED MAIL. TO: ASHLEY C NAILOR 19600 LOCHERIE AVE EUCLID, OH 44119
  35. SUMS COMPLAINT(51251504) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF ASHLEY C. NAILOR, IF ANY 19600 LOCHERIE AVE EUCLID, OH 44119
  36. SUMS COMPLAINT(51251503) SENT BY SPECIAL PROCESS SERVER. TO: ASHLEY C NAILOR 19600 LOCHERIE AVE EUCLID, OH 44119
  37. SUMMONS E-FILE COPY COST
  38. SUMMONS E-FILE COPY COST
  39. WRIT FEE
  40. WRIT FEE
  41. SUMMONS E-FILE COPY COST
  42. SUMMONS E-FILE COPY COST
  43. WRIT FEE
  44. WRIT FEE
  45. 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
  46. MAGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
  47. 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
  48. JUDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
  49. SPECIAL PROJECTS FUND FEE
  50. LEGAL RESEARCH
  51. LEGAL NEWS
  52. LEGAL AID
  53. COMPUTER FEE
  54. CLERK'S FEE
  55. DEPOSIT AMOUNT PAID JEFFREY R. HELMS
  56. DEPOSIT AMOUNT PAID JEFFREY R. HELMS

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