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Case Information
Filed
2023-09-01
Status
INACTIVE
Type
Foreclosure Marsh. Of Lien
Docket
57 entries
Parties
Plaintiff
Civic Real Estate Holdings Iii, Llc
Defendant
Cc & J Properties Llc
Lawyers
Docket Entries
- CASE FILED: COMPLAINT, SERVICE REQUEST, PRELIMINARY JUDICIAL REPORT
- JUDGMENT ENTRY(53336726) SENT BY EMAIL. TO: ASHLEY E. MUELLER [email protected]
- JUDGMENT ENTRY(53336725) SENT BY EMAIL. TO: SAMUEL R. SMITH [email protected]
- JUDGMENT ENTRY(53336724) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
- JUDGMENT ENTRY(53336723) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
- PLAINTIFF'S MOTION TO VACATE AND DISMISS IS UNOPPOSED AND GRANTED. THE DECREE OF FORECLOSURE AND JUDGMENT PREVIOUSLY ENTERED HEREIN ARE VACATED AND 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
- JUDGMENT ENTRY(53230153) SENT BY EMAIL. TO: SAMUEL R. SMITH [email protected]
- JUDGMENT ENTRY(53230152) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
- JUDGMENT ENTRY(53230151) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
- JUDGMENT ENTRY(53230150) SENT BY EMAIL. TO: ASHLEY E. MUELLER [email protected]
- JUDGMENT ENTRY(53230149) SENT BY EMAIL. TO: ASHLEY E. MUELLER [email protected]
- MOTION TO VACATE $30.00 TED A HUMBERT (0022307) PLAINTIFF'S MOTION TO VACATE JUDGEMENT AND DISMISS COMPLAINT 03/19/2024 - GRANTED
- DEPOSIT AMOUNT PAID TED A HUMBERT
- ORDER ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL NOTICE ISSUED
- MAGISTRATE'S DECISION(52978504) SENT BY EMAIL. TO: SAMUEL R. SMITH [email protected]
- MAGISTRATE'S DECISION(52978503) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
- MAGISTRATE'S DECISION(52978497) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
- MAGISTRATE'S DECISION(52978496) SENT BY EMAIL. TO: ASHLEY E. MUELLER [email protected]
- MAGISTRATE'S DECISION(52978495) SENT BY EMAIL. TO: ASHLEY E. MUELLER [email protected]
- MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
- PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. THE MAGISTRATE WILL ISSUE A MAGISTRATE'S DECISION MAKING SPECIFIC FINDINGS AS TO THE RIGHTS AND LIABILITIES OF THE PARTIES. NOTICE ISSUED
- GENERAL PLEADING FILED BY D1 CC & J PROPERTIES LLC ATTORNEY SAMUEL R. SMITH 0076242 DEFENDANT'S INITIAL DISCLOSURES
- REPLY BRIEF FILED BY P1 CIVIC REAL ESTATE HOLDINGS III, LLC ASHLEY E. MUELLER 0084931 REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
- BRIEF IN OPPOSITION FILED BY D1 CC & J PROPERTIES LLC SAMUEL R. SMITH 0076242 DEFENDANT'S BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
- AFFIDAVIT FILED BY P1 CIVIC REAL ESTATE HOLDINGS III, LLC ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF COUNSEL
- MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT 02/05/2024 - GRANTED
- THE MOTION OF DEFENDANT CC & J PROPERTIES, LLC FOR LEAVE TO FILE ANSWER INSTANTER IS GRANTED. DEFENDANT'S ANSWER IS DEEMED TIMELY FILED AS OF THE DATE OF THIS ORDER. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS DENIED. . NOTICE ISSUED
- ANSWER FILED BY D1 CC & J PROPERTIES LLC ATTORNEY SAMUEL R. SMITH 0076242 ANSWER TO COMPLAINT
- MOTION FOR LEAVE TO FILE ANSWER INSTANTER MOTION FOR LEAVE TO PLEAD TO FILE DEFENDANT'S ANSWER 12/07/2023 - GRANTED
- NOTICE OF APPEARANCE, FILED D1 CC & J PROPERTIES LLC SAMUEL R. SMITH 0076242. NOTICE OF APPEARANCE
- DOCKET HAS BEEN STRICKEN BY ORDER OF THE COURT (DOCKET 164172035 11/07/2023 MO)
- THE MOTION TO VACATE FILED BY CINDY C. CORBIN-MITCHELL IS STRICKEN. UNDER OHIO LAW, IT IS IMPERMISSIBLE FOR A CORPORATION TO BE REPRESENTED BY AN OFFICER OF THE CORPORATION OR AN AGENT THAT IS NOT AN ATTORNEY. UNION SAV. ASS'N V. HOME OWNERS AID (1970), 23 OHIO ST. 2D 60, 63, 262 N.E.2D 558. NOTICE ISSUED
- ANSWER OF CINDY C. CORBIN-MITCHELL . PRO SE (9999999)
- GENERAL PLEADING FILED BY P1 CIVIC REAL ESTATE HOLDINGS III, LLC ATTORNEY TED A HUMBERT 0022307 FINAL JUDICIAL REPORT
- MOTION FOR DEFAULT JUDGMENT 12/07/2023 - DENIED
- AFFIDAVIT FILED BY P1 CIVIC REAL ESTATE HOLDINGS III, LLC ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF COUNSEL
- AFFIDAVIT FILED. PRO SE (9999999)
- CERTIFIED MAIL RECEIPT NO. 51815120 RETURNED 10/5/2023 FAILURE OF SERVICE ON DEFENDANT CC & J PROPERTIES LLC - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- USPS RECEIPT NO. 51815121 DELIVERED BY USPS 09/18/2023 CC & J PROPERTIES LLC PROCESSED BY COC 09/27/2023.
- SUMS COMPLAINT(51815121) SENT BY CERTIFIED MAIL. TO: CC & J PROPERTIES LLC % CINDY C. CORBIN-MITCHELL 26814 RUE SAINT GABRIEL CT. WARRENSVILLE HTS., OH 44128
- SUMS COMPLAINT(51815120) SENT BY CERTIFIED MAIL. TO: CC & J PROPERTIES LLC % CINDY C CORBIN-MITCHELL 15710 STOCKBRIDGE AVE CLEVELAND, OH 44128-0000
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- WRIT FEE
- WRIT FEE
- 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
- MAGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
- 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
- JUDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
- SPECIAL PROJECTS FUND FEE
- LEGAL RESEARCH
- LEGAL NEWS
- LEGAL AID
- COMPUTER FEE
- CLERK'S FEE
- DEPOSIT AMOUNT PAID TED A HUMBERT
- DEPOSIT AMOUNT PAID TED A HUMBERT
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Full Analytics Report
- Complete case narrative
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- Case disposition and outcome
- All docket entries
- Related cases and filings
$20
One-time purchase
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