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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-11-15
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 120 entries

Parties

Plaintiff Wilmington Savings Fund Society, Fsb, Not In Its Individual Capacity But Solely In Its Capacity As Owner Trustee For Cascade Funding Mortgage Trust Hb 5|Mortgage Assets Management, Llc
Defendant Anthony D Perry|Jane Doe, Name Unk., Unk. Spouse Of Anthony D. Perry, If Any|The United States Of America, The Secretary Of Housing And Urban Development|State Of Ohio, Department Of Medicaid Attention: Legal Department
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
  2. DEPOSIT AMOUNT PAID SHERIFF
  3. DEPOSIT REQUIRED FOR COURT COST TO CLERK $1,696.94 SHERIFF
  4. TO COURT: 06/12/2025 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS OWNER TRUSTEE FOR CASCADE FUNDING MORTGAGE TRUST - HB13 ........................................................................................... FOR $89,000.00 DATE OF SALE 10/21/2024 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  5. JUDGMENT ENTRY(55759853) SENT BY REGULAR MAIL SERVICE. TO: JANE DOE, NAME UNK., UNK. SPOUSE OF ANTHONY D. PERRY, IF ANY 8709 KENMORE AVENUE CLEVELAND, OH 44106
  6. JUDGMENT ENTRY(55759852) SENT BY REGULAR MAIL SERVICE. TO: ANTHONY D PERRY 8709 KENMORE AVENUE CLEVELAND, OH 44106
  7. JUDGMENT ENTRY(55759851) SENT BY EMAIL. TO: ELIZABETH DEUCHER [email protected]
  8. JUDGMENT ENTRY(55759850) SENT BY EMAIL. TO: DIANA VERHAS [email protected]
  9. JUDGMENT ENTRY(55759849) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  10. JUDGMENT ENTRY(55759848) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  11. DECREE OF CONFIRMATION (Parcel(s) #10716090, #10716091, #10716092) 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 WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS OWNER TRUSTEE FOR CASCADE FUNDING MORTGAGE TRUST - HB13 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 JUDGMENT AND ITS DATE OF ENTRY UPON THE JOURNAL AND MUST NOTE THE SERVICE ON THE APPEARANCE DOCKET. NOTICE ISSUED
  12. OOS ORDER OF SALE RETURNED 10/23/2024, SOLD DATE 10/21/2024 SOLD TO: WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS OWNER TRUSTEE FOR CASCADE FUNDING MORTGAGE TRUST - HB13 FOR $89,000.00
  13. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $686.80 PREPAID TO LEGAL NEWS.
  14. RECORDER'S FEE $2.00
  15. CERTIFICATE OF TITLE $795.00 PAY TO MANLEY, DEAS & KOCHALSKI, LLC
  16. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 10/21/2024 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 10/21/2024 IT WILL BE RE-OFFERED ON 11/04/2024 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: PAUL D KINCZEL, APPRAISAL COST: $102.23 REGULAR FEE AND MILEAGE. EDWARD D HORTON, APPRAISAL COST: $100 REGULAR FEE. JOHN F LENEHAN, APPRAISAL COST: $100 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-988667 DATED THIS 17th DAY OF SEPTEMBER, 2024 NOTICE ISSUED NOTICE ISSUED
  17. NOTICE FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY ANN M JOHNSON 0072981 NOTICE OF SALE
  18. LAND APPRAISAL OOS, FILED
  19. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 107-16-090, 107-16-091, 107-16-092
  20. REAL AUCTION
  21. DEPOSIT AMOUNT PAID ANN M JOHNSON
  22. PRAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER FOR SALE
  23. JUDGMENT ENTRY(54709705) SENT BY REGULAR MAIL SERVICE. TO: JANE DOE, NAME UNK., UNK. SPOUSE OF ANTHONY D. PERRY, IF ANY 8709 KENMORE AVENUE CLEVELAND, OH 44106
  24. JUDGMENT ENTRY(54709704) SENT BY REGULAR MAIL SERVICE. TO: ANTHONY D PERRY 8709 KENMORE AVENUE CLEVELAND, OH 44106
  25. JUDGMENT ENTRY(54709703) SENT BY EMAIL. TO: ELIZABETH DEUCHER [email protected]
  26. JUDGMENT ENTRY(54709702) SENT BY EMAIL. TO: DIANA VERHAS [email protected]
  27. JUDGMENT ENTRY(54709701) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  28. JUDGMENT ENTRY(54709700) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  29. 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
  30. MAGISTRATE'S DECISION(54394138) SENT BY REGULAR MAIL SERVICE. TO: JANE DOE, NAME UNK., UNK. SPOUSE OF ANTHONY D. PERRY, IF ANY 8709 KENMORE AVENUE CLEVELAND, OH 44106
  31. MAGISTRATE'S DECISION(54394137) SENT BY REGULAR MAIL SERVICE. TO: ANTHONY D PERRY 8709 KENMORE AVENUE CLEVELAND, OH 44106
  32. MAGISTRATE'S DECISION(54394136) SENT BY EMAIL. TO: ELIZABETH DEUCHER [email protected]
  33. MAGISTRATE'S DECISION(54394135) SENT BY EMAIL. TO: DIANA VERHAS [email protected]
  34. MAGISTRATE'S DECISION(54394134) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  35. MAGISTRATE'S DECISION(54394133) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  36. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  37. SUGGESTION OF DEATH FILED BY P2 MORTGAGE ASSETS MANAGEMENT, LLC ATTORNEY ANN M JOHNSON 0072981 SUGGESTION OF DEATH
  38. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT, FILED 04/12/2024, IS GRANTED. NOTICE ISSUED
  39. CASE CALLED FOR HEARING. ONLY PLAINTIFF APPEARED THROUGH COUNSEL. NO COURT REPORTER, BUT DIGITALLY RECORDED. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. MAGISTRATE'S DECISION HELD IN ABEYANCE PENDING THE REFILING OF THE DEATH CERTIFICATE OF ARTHETA D. RASUL. PLAINTIFF IS ORDERED TO REFILE THE DEATH CERTIFICATE OF ARTHETA D. RASUL ON OR BEFORE JULY 24, 2024. NOTICE ISSUED
  40. NOTICE FILED BY P2 MORTGAGE ASSETS MANAGEMENT, LLC ATTORNEY ANN M JOHNSON 0072981 NOTICE OF HEARING
  41. TELEPHONE DEFAULT HEARING SET FOR 07/10/2024 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
  42. AFFIDAVIT FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY ANN M JOHNSON 0072981 ADJUSTABLE RATE AFFIDAVIT
  43. NOTICE FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY ANN M JOHNSON 0072981 NOTICE OF FILING FINAL JUDICIAL REPORT
  44. AFFIDAVIT FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY ANN M JOHNSON 0072981 AFFIDAVIT REGARDING MILITARY STATUS
  45. NOTICE FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY ANN M JOHNSON 0072981 NOTICE OF FILING ENTRY ADOPTING MAGISTRATE'S DECISION
  46. NOTICE FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY ANN M JOHNSON 0072981 NOTICE OF FILING PROPOSED MAGISTRATE'S DECISION
  47. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 07/10/2024 - GRANTED
  48. AFFIDAVIT FILED BY P2 MORTGAGE ASSETS MANAGEMENT, LLC ATTORNEY ANN M JOHNSON 0072981 AFFIDAVIT OF ANN MARIE JOHNSON
  49. USPS RECEIPT NO. 53110439 DELIVERED BY USPS 02/26/2024 STATE OF OHIO, DEPARTMENT OF MEDICAID PROCESSED BY COC 03/20/2024.
  50. D4 STATE OF OHIO, DEPARTMENT OF MEDICAID ANSWER OF STATE OG OHIO DEPARTMENT OF MEDICAID, FILED. DIANA VERHAS 0080721
  51. SUMS AMENDED COMPLNT(53110439) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF MEDICAID 50 WEST TOWN STREET SUITE 400 COLUMBUS, OH 43215-0000
  52. SUMMONS E-FILE COPY COST
  53. WRIT FEE
  54. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  55. DEPOSIT AMOUNT PAID ANN M JOHNSON
  56. AMENDED COMPLAINT $75 AMENDED COMPLAINT
  57. THE MOTION TO SUBSTITUTE PLAINTIFF IS GRANTED. "MORTGAGE ASSETS MANAGEMENT, LLC" IS HEREBY SUBSTITUTED IN PLACE OF THE ORIGINALLY NAMED PLAINTIFF. THE CLERK IS ORDERED TO LIST ANN M. JOHNSON (BAR# 0072981) AS ATTORNEY OF RECORD FOR SUBSTITUTE PLAINTIFF. NOTICE ISSUED
  58. THE MOTION FOR LEAVE TO FILE AMENDED COMPLAINT IS GRANTED. PLAINTIFF IS GRANTED LEAVE UP TO AND INCLUDING MARCH 4, 2024, TO FILE AN AMENDED COMPLAINT. NOTICE ISSUED
  59. MOTION FILED FOR P1 WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY ANN M JOHNSON 0072981 MOTION TO SUBSTITUTE PLAINTIFF 02/02/2024 - GRANTED
  60. MOTION FILED FOR P1 WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY ANN M JOHNSON 0072981 MOTION FOR LEAVE TO FILE AMENDED COMPLAINT 02/02/2024 - GRANTED
  61. ANSWER FILED BY D3 THE UNITED STATES OF AMERICA, ATTORNEY ELIZABETH DEUCHER 0095442 ANSWER OF THE UNITED STATES OF AMERICA
  62. NOTICE FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY ANN M JOHNSON 0072981 SUGGESTION OF DEATH
  63. 52460459 ON 12/07/2023 THE WITHIN NAMED PERRY/ANTHONY/D WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO REFUSED
  64. 52460460 ON 12/07/2023 THE WITHIN NAMED JANE DOE, NAME UNK., UNK. SPOUSE OF ANTHONY D. PERRY, IF ANY WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO REFUSED
  65. 52460460 ON 12/07/2023 THE WITHIN NAMED JANE DOE, NAME UNK., UNK. SPOUSE OF ANTHONY D. PERRY, IF ANY WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  66. 52460459 ON 12/07/2023 THE WITHIN NAMED PERRY/ANTHONY/D WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  67. USPS RECEIPT NO. 52467436 DELIVERED BY USPS 12/05/2023 THE UNITED STATES OF AMERICA, PROCESSED BY COC 12/13/2023.
  68. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  69. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  70. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  71. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  72. USPS RECEIPT NO. 52467435 DELIVERED BY USPS 12/01/2023 THE UNITED STATES OF AMERICA, PROCESSED BY COC 12/06/2023.
  73. USPS RECEIPT NO. 52467434 DELIVERED BY USPS 12/01/2023 JANE DOE, NAME UNK., UNK. SPOUSE OF ANTHONY D. PERRY, IF ANY PROCESSED BY COC 12/06/2023.
  74. USPS RECEIPT NO. 52467433 DELIVERED BY USPS 12/01/2023 PERRY/ANTHONY/D PROCESSED BY COC 12/06/2023.
  75. USPS RECEIPT NO. 52458648 DELIVERED BY USPS 12/01/2023 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN PROCESSED BY COC 12/06/2023.
  76. USPS RECEIPT NO. 52458647 DELIVERED BY USPS 12/01/2023 NAME UNK., UNK. SPOUSE OF ANTHONY D. PERRY, IF ANY PROCESSED BY COC 12/06/2023.
  77. USPS RECEIPT NO. 52458646 DELIVERED BY USPS 12/01/2023 PERRY/ANTHONY /D PROCESSED BY COC 12/06/2023.
  78. SUMS COMPLAINT(52467436) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, C/O THE US ATTORNEY GENERAL 950 PENNSYLVANIA AVENUE, NW WASHINGTON, DC 20530-0000
  79. SUMS COMPLAINT(52467435) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, C/O US ATTY FOR THE N. DIST. OF OH 801 W. SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113-0000
  80. SUMS COMPLAINT(52467434) SENT BY CERTIFIED MAIL. TO: JANE DOE, NAME UNK., UNK. SPOUSE OF ANTHONY D. PERRY, IF ANY 8709 KENMORE AVENUE CLEVELAND, OH 44106
  81. SUMS COMPLAINT(52467433) SENT BY CERTIFIED MAIL. TO: ANTHONY D PERRY 8709 KENMORE AVENUE CLEVELAND, OH 44106
  82. SUMS COMPLAINT(52458648) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN 801 W. SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113
  83. SUMS COMPLAINT(52458647) SENT BY CERTIFIED MAIL. TO: NAME UNK., UNK. SPOUSE OF ANTHONY D. PERRY, IF ANY 8709 KENMORE AVENUE CLEVELAND, OH 44106
  84. SUMS COMPLAINT(52458646) SENT BY CERTIFIED MAIL. TO: ANTHONY D PERRY 8709 KENMORE AVENUE CLEVELAND, OH 44106
  85. SUMMONS E-FILE COPY COST
  86. SUMMONS E-FILE COPY COST
  87. SUMMONS E-FILE COPY COST
  88. WRIT FEE
  89. WRIT FEE
  90. WRIT FEE
  91. WRIT FEE
  92. SUMMONS E-FILE COPY COST
  93. SUMS COMPLAINT(52460460) SENT BY SPECIAL PROCESS SERVER. TO: JANE DOE, NAME UNK., UNK. SPOUSE OF ANTHONY D. PERRY, IF ANY 8709 KENMORE AVENUE CLEVELAND, OH 44106
  94. SUMS COMPLAINT(52460459) SENT BY SPECIAL PROCESS SERVER. TO: ANTHONY D PERRY 8709 KENMORE AVENUE CLEVELAND, OH 44106
  95. SUMMONS E-FILE COPY COST
  96. SUMMONS E-FILE COPY COST
  97. WRIT FEE
  98. WRIT FEE
  99. SUMMONS E-FILE COPY COST
  100. SUMMONS E-FILE COPY COST
  101. SUMMONS E-FILE COPY COST
  102. WRIT FEE
  103. WRIT FEE
  104. WRIT FEE
  105. SUGGESTION OF DEATH FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY ANN M JOHNSON 0072981 SUGGESTION OF DEATH
  106. NOTICE FILED BY P1 WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY ANN M JOHNSON 0072981 NOTICE OF FILING AN AMENDED PRELIMINARY JUDICIAL REPORT
  107. MAGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  108. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  109. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  110. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  111. SPECIAL PROJECTS FUND FEE
  112. LEGAL RESEARCH
  113. LEGAL NEWS
  114. LEGAL AID
  115. COMPUTER FEE
  116. CLERK'S FEE
  117. DEPOSIT AMOUNT PAID ANN M JOHNSON
  118. DEPOSIT AMOUNT PAID ANN M JOHNSON
  119. 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
  120. 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

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