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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-08-01
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 79 entries

Parties

Plaintiff Midfirst Bank
Defendant Deidre E. Delgado|Jane Doe, Name Unknown, Unknown Spouse Of Deidre E. Delgado (if Any)|United States Of America, Secretary Of Housing And Urban Development
Photo of Hon. DANIEL GAUL

Judge

Hon. DANIEL GAUL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT
  2. JUDGMENT ENTRY(52184215) SENT BY REGULAR MAIL SERVICE. TO: DEIDRE E. DELGADO 172 WOODROW AVENUE BEDFORD, OH 44146
  3. JUDGMENT ENTRY(52184214) SENT BY EMAIL. TO: ELIZABETH DEUCHER [email protected]
  4. JUDGMENT ENTRY(52184213) SENT BY EMAIL. TO: RICHARD J. SYKORA [email protected]
  5. JUDGMENT ENTRY(52184212) SENT BY EMAIL. TO: RICHARD J. SYKORA [email protected]
  6. PLAINTIFF'S MOTION TO DISMISS PLAINTIFF'S CLAIMS UNDER RULE 41(A)(2), FILED 10/03/2023, IS GRANTED. CASE DISMISSED, WITHOUT PREJUDICE. 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
  7. MOTION TO DISMISS FILED MOTION TO DISMISS PLAINTIFF'S CLAIMS UNDER RULE 41(A)(2) 10/23/2023 - GRANTED
  8. ANSWER FILED BY D3 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT ATTORNEY ELIZABETH DEUCHER 0095442 ANSWER OF THE UNITED STATES OF AMERICA
  9. CERTIFIED MAIL RECEIPT NO. 51288875 RETURNED 8/31/2023 FAILURE OF SERVICE ON DEFENDANT DELGADO/DEIDRE/E. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  10. USPS RECEIPT NO. 51288880 DELIVERED BY USPS 08/14/2023 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT PROCESSED BY COC 08/23/2023.
  11. CERTIFIED MAIL RECEIPT NO. 51288877 RETURNED 8/22/2023 FAILURE OF SERVICE ON DEFENDANT JANE DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF DEIDRE E. DELGADO (IF ANY) - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  12. USPS RECEIPT NO. 51288879 DELIVERED BY USPS 08/07/2023 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT PROCESSED BY COC 08/16/2023.
  13. USPS RECEIPT NO. 51288878 DELIVERED BY USPS 08/07/2023 JANE DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF DEIDRE E. DELGADO (IF ANY) PROCESSED BY COC 08/16/2023.
  14. USPS RECEIPT NO. 51288876 DELIVERED BY USPS 08/07/2023 DELGADO/DEIDRE/E. PROCESSED BY COC 08/16/2023.
  15. USPS RECEIPT NO. 51277065 DELIVERED BY USPS 08/07/2023 UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT PROCESSED BY COC 08/16/2023.
  16. AFFIDAVIT FILED BY P1 MIDFIRST BANK ATTORNEY RICHARD J. SYKORA 0093134 AFFIDAVIT OF RICHARD J. SYKORA
  17. 51289459 ON 08/08/2023 I SERVED THE WITHIN NAMED DELGADO/DEIDRE/E. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  18. 51289458 ON 08/08/2023 THE WITHIN NAMED DELGADO/DEIDRE/E. WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  19. 51289456 ON 08/08/2023 THE WITHIN NAMED JANE DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF DEIDRE E. DELGADO (IF ANY) WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  20. 51289457 ON 08/08/2023 I SERVED THE WITHIN NAMED JANE DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF DEIDRE E. DELGADO (IF ANY) BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  21. USPS RECEIPT NO. 51277064 DELIVERED BY USPS 08/04/2023 JANE DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF DEIDRE E. DELGADO (IF ANY) PROCESSED BY COC 08/09/2023.
  22. USPS RECEIPT NO. 51277063 DELIVERED BY USPS 08/04/2023 DELGADO/DEIDRE/E. PROCESSED BY COC 08/09/2023.
  23. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  24. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  25. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  26. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  27. SUMS COMPLAINT(51288880) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT C/O U.S. ATTORNEY GENERAL 950 PENNSYLVANIA AVENUE, NW WASHINGTON, DC 20530-0000
  28. SUMS COMPLAINT(51288879) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT C/O US ATTY FOR THE N DIST OF OHIO 801 WEST SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113-0000
  29. SUMS COMPLAINT(51288878) SENT BY CERTIFIED MAIL. TO: JANE DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF DEIDRE E. DELGADO (IF ANY) 2211 WEST 85TH STREET CLEVELAND, OH 44102-0000
  30. SUMS COMPLAINT(51288877) SENT BY CERTIFIED MAIL. TO: JANE DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF DEIDRE E. DELGADO (IF ANY) 172 WOODROW AVENUE BEDFORD, OH 44146
  31. SUMS COMPLAINT(51288876) SENT BY CERTIFIED MAIL. TO: DEIDRE E. DELGADO 2211 WEST 85TH STREET CLEVELAND, OH 44102-0000
  32. SUMS COMPLAINT(51288875) SENT BY CERTIFIED MAIL. TO: DEIDRE E. DELGADO 172 WOODROW AVENUE BEDFORD, OH 44146
  33. SUMS COMPLAINT(51289459) SENT BY SPECIAL PROCESS SERVER. TO: DEIDRE E. DELGADO 172 WOODROW AVENUE BEDFORD, OH 44146
  34. SUMS COMPLAINT(51289458) SENT BY SPECIAL PROCESS SERVER. TO: DEIDRE E. DELGADO 2211 WEST 85TH STREET CLEVELAND, OH 44102-0000
  35. SUMS COMPLAINT(51289457) SENT BY SPECIAL PROCESS SERVER. TO: JANE DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF DEIDRE E. DELGADO (IF ANY) 172 WOODROW AVENUE BEDFORD, OH 44146
  36. SUMS COMPLAINT(51289456) SENT BY SPECIAL PROCESS SERVER. TO: JANE DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF DEIDRE E. DELGADO (IF ANY) 2211 WEST 85TH STREET CLEVELAND, OH 44102-0000
  37. SUMMONS E-FILE COPY COST
  38. SUMMONS E-FILE COPY COST
  39. SUMMONS E-FILE COPY COST
  40. SUMMONS E-FILE COPY COST
  41. WRIT FEE
  42. WRIT FEE
  43. WRIT FEE
  44. WRIT FEE
  45. SUMMONS E-FILE COPY COST
  46. WRIT FEE
  47. SUMMONS E-FILE COPY COST
  48. SUMMONS E-FILE COPY COST
  49. SUMMONS E-FILE COPY COST
  50. SUMMONS E-FILE COPY COST
  51. SUMMONS E-FILE COPY COST
  52. WRIT FEE
  53. WRIT FEE
  54. WRIT FEE
  55. WRIT FEE
  56. WRIT FEE
  57. SUMS COMPLAINT(51277065) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT 801 WEST SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113
  58. SUMS COMPLAINT(51277064) SENT BY CERTIFIED MAIL. TO: JANE DOE, NAME UNKNOWN, UNKNOWN SPOUSE OF DEIDRE E. DELGADO (IF ANY) 172 WOODROW AVENUE BEDFORD, OH 44146
  59. SUMS COMPLAINT(51277063) SENT BY CERTIFIED MAIL. TO: DEIDRE E. DELGADO 172 WOODROW AVENUE BEDFORD, OH 44146
  60. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  61. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  62. 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
  63. MAGISTRATE JIM L JACKSON ASSIGNED (MANUALLY)
  64. 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
  65. SUMMONS E-FILE COPY COST
  66. SUMMONS E-FILE COPY COST
  67. SUMMONS E-FILE COPY COST
  68. WRIT FEE
  69. WRIT FEE
  70. WRIT FEE
  71. JUDGE DANIEL GAUL ASSIGNED (RANDOM)
  72. SPECIAL PROJECTS FUND FEE
  73. LEGAL RESEARCH
  74. LEGAL NEWS
  75. LEGAL AID
  76. COMPUTER FEE
  77. CLERK'S FEE
  78. DEPOSIT AMOUNT PAID RICHARD J. SYKORA
  79. DEPOSIT AMOUNT PAID RICHARD J. SYKORA

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