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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-11-29
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 84 entries

Parties

Plaintiff U.s. Bank, National Association, As Trustee For The Afc Mortgage Loan Asset Backed Certificates, Series 1999 2
Defendant Unknown Administrator, Executor Or Fiduciary, Unknown Heirs, Next Of Kin, Unknown Spouses, Devisees, Legatees, Creditors And Beneficiaries Of The Estate Of Melvin Tucker|Unknown Occupant Tenant, If Any, Name Unknown|Forsythe Finance Llc Co Timothy M. Sullivan, As Registered Agent|State Of Ohio, Department Of Taxation Co Ohio Attorney General On Behalf Of The Ohio Department Of Taxation|Bank Of America Successor By Merger To Lasalle Bank National Associati Formerly Known As Lasalle Nation Bank, In Its Capacity As Trustee Under That Certain Pooling And Servicing Agreement Dated June 1, 1999 Between Etc|Cuyahoga County Treasurer|Sierra Hightower
Photo of Hon. William T McGinty

Judge

Hon. William T McGinty

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. 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
  2. MAGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
  3. 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
  4. JUDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
  5. SPECIAL PROJECTS FUND FEE
  6. LEGAL RESEARCH
  7. LEGAL NEWS
  8. LEGAL AID
  9. COMPUTER FEE
  10. CLERK'S FEE
  11. DEPOSIT AMOUNT PAID NATHAN R. DUVELIUS
  12. DEPOSIT AMOUNT PAID NATHAN R. DUVELIUS
  13. JUDGMENT ENTRY(53851143) SENT BY EMAIL. TO: PATRICIA L JOHNSON [email protected]
  14. JUDGMENT ENTRY(53851142) SENT BY EMAIL. TO: PATRICIA L JOHNSON [email protected]
  15. JUDGMENT ENTRY(53851141) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  16. JUDGMENT ENTRY(53851140) SENT BY EMAIL. TO: BRIAN S JACKSON [email protected]
  17. JUDGMENT ENTRY(53851139) SENT BY EMAIL. TO: JEFFREY L KOBERG [email protected]
  18. JUDGMENT ENTRY(53851138) SENT BY EMAIL. TO: JEFFREY L KOBERG [email protected]
  19. JUDGMENT ENTRY(53851137) SENT BY EMAIL. TO: GARY H. HOFFMAN [email protected]
  20. PLAINTIFF FAILED TO COMPLY WITH THE COURT'S ORDER OF 4/30/24, 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
  21. PLAINTIFF'S MOTION TO ADD PARTY DEFENDANTS IS TAKEN AS A MOTION FOR LEAVE TO FILE A SUPPLEMENTAL COMPLAINING NAMING THE NOW KNOWN HEIRS. PLAINTIFF MUST FILE A SUPPLEMENTAL COMPLAINT ON OR BEFORE 5/14/24. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  22. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE TO COURT ORDER DATED MARCH 27, 2024 05/14/2024 - MOOT
  23. MOTION FILED FOR P1 U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE AFC MORTGAGE LOAN AUSTIN R. DECKER 0100918 MOTION TO ADD PARTY DEFENDANTS 04/30/2024 - GRANTED IN PART
  24. CMC HELD. PLAINTIFF'S COUNSEL APPEARED. DEFENDANT SIERRA HIGHTOWER, ADMINISTRATOR OF THE ESTATE OF MELVIN TUCKER'S COUNSEL APPEARED. NO OTHER PARTIES APPEARED. PLAINTIFF MUST FILE NOTICE OF CHAIN OF ASSIGNMENTS/EVIDENCE OF NON-HOLDER IN POSSESSION ON OR BEFORE 4/26/24. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  25. LEGAL NEWS ABSTRACT
  26. PROOF OF PUBLICATION FILED $655.20 - LEGAL NEWS FEE $250.00
  27. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $405.20
  28. DEPOSIT AMOUNT PAID AUSTIN R. DECKER
  29. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  30. ON 12/21/2023 THE WITHIN NAMED UNKNOWN OCCUPANT TENANT, IF ANY, NAME UNKNOWN WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  31. USPS RECEIPT NO. 53056644 DELIVERED BY USPS 02/17/2024 BANK OF AMERICA SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATI PROCESSED BY COC 02/21/2024.
  32. LEGAL NEWS ABSTRACT
  33. PROOF OF PUBLICATION FILED $678.00 - LEGAL NEWS FEE $250.00
  34. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $428.00
  35. SUMS COMPLAINT(53056644) SENT BY CERTIFIED MAIL. TO: BANK OF AMERICA SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATI C/O CT CORPORATION SYSTEM 4400 EASTON COMMONS WAY SUITE 125 COLUMBUS, OH 43219-0000
  36. SUMMONS E-FILE COPY COST
  37. WRIT FEE
  38. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE BY CERTIFIED MAIL
  39. PLAINTIFF'S MOTION TO ADD PARTY DEFENDANT IS UNOPPOSED AND GRANTED. THE CLERK IS ORDERED TO LIST "SIERRA HIGHTOWER AS ADMINISTRATOR OF THE ESTATE OF MELVIN TUCKER" AS A PARTY DEFENDANT AND LIST GARY H. HOFFMAN (#0018431) AS ATTORNEY FOR SAID DEFENDANT. NOTICE ISSUED
  40. DEPOSIT AMOUNT PAID AUSTIN R. DECKER
  41. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  42. CASE MGMNT CONFERENCE SET FOR 03/27/2024 AT 09:15 AM. ANY PARTY MAY APPEAR AT THE TELEPHONE HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  43. MOTION FILED FOR P1 U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE AFC MORTGAGE LOAN AUSTIN R. DECKER 0100918 MOTION TO ADD PARTY DEFENDANT 02/06/2024 - GRANTED
  44. ANSWER FILED BY D1 UNKNOWN ADMINISTRATOR, EXECUTOR OR FIDUCIARY, UNKNOWN HEIRS, NEXT OF ATTORNEY GARY H. HOFFMAN 0018431 ANSWER OF DEFENDANT SIERRA HIGHTOWER, ADMINISTRATOR OF THE ESTATE OF MELVIN TUCKER
  45. CERTIFIED MAIL RECEIPT NO. 52561032 RETURNED 12/14/2023 FAILURE OF SERVICE ON DEFENDANT UNKNOWN OCCUPANT TENANT, IF ANY, NAME UNKNOWN - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  46. ANSWER FILED BY D4 STATE OF OHIO, DEPARTMENT OF TAXATION ATTORNEY CORY STEINMETZ 0092319 THE STATE OF OHIO DEPARTMENT OF TAXATION
  47. ANSWER FILED BY D3 FORSYTHE FINANCE LLC ATTORNEY JEFFREY L KOBERG 0047386 ANSWER OF DEFENDANT FORSYTHE FINANCE, LLC
  48. USPS RECEIPT NO. 52561034 DELIVERED BY USPS 12/21/2023 STATE OF OHIO, DEPARTMENT OF TAXATION PROCESSED BY COC 01/03/2024.
  49. USPS RECEIPT NO. 52561033 DELIVERED BY USPS 12/18/2023 FORSYTHE FINANCE LLC PROCESSED BY COC 01/03/2024.
  50. USPS RECEIPT NO. 52561036 DELIVERED BY USPS 12/13/2023 CUYAHOGA COUNTY TREASURER PROCESSED BY COC 12/27/2023.
  51. ANSWER FILED BY D6 CUYAHOGA COUNTY TREASURER ATTORNEY MICHAEL COLLIN FYFFE 0100093 CUYAHOGA COUNTY TREASURER
  52. CERTIFIED MAIL RECEIPT NO. 52561035 RETURNED 12/15/2023 FAILURE OF SERVICE ON DEFENDANT BANK OF AMERICA SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATI - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  53. CERTIFIED MAIL RECEIPT NO. 52561032 RETURNED 12/14/2023 FAILURE OF SERVICE ON DEFENDANT UNKNOWN OCCUPANT TENANT, IF ANY, NAME UNKNOWN - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  54. NOTICE FILED BY P1 U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE AFC MORTGAGE LOAN ATTORNEY NATHAN R. DUVELIUS 0095144 NOTICE OF FILING PRELIMINARY JUDICIAL REPORT
  55. SUMS COMPLAINT(52561036) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER 2079 E. 9TH ST CLEVELAND, OH 44115
  56. SUMS COMPLAINT(52561035) SENT BY CERTIFIED MAIL. TO: BANK OF AMERICA SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATI CO EMC MORTGAGE CORPORATION 909 HIDDEN RIDGE DR., STE. 200 IRVING, TX 75038
  57. SUMS COMPLAINT(52561034) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO, DEPARTMENT OF TAXATION 30 E. BROAD ST., 14TH FL COLUMBUS, OH 43215
  58. SUMS COMPLAINT(52561033) SENT BY CERTIFIED MAIL. TO: FORSYTHE FINANCE LLC 25651 DETROIT RD., STE. 203 CLEVELAND, OH 44145
  59. SUMS COMPLAINT(52561032) SENT BY CERTIFIED MAIL. TO: UNKNOWN OCCUPANT TENANT, IF ANY, NAME UNKNOWN 5141 AUSTEN LANE RICHMOND HTS, OH 44143
  60. SUMS COMPLAINT(52561031) SENT BY SPECIAL PROCESS SERVER. TO: UNKNOWN OCCUPANT TENANT, IF ANY, NAME UNKNOWN 5141 AUSTEN LANE RICHMOND HTS, OH 44143
  61. SUMMONS E-FILE COPY COST
  62. SUMMONS E-FILE COPY COST
  63. SUMMONS E-FILE COPY COST
  64. SUMMONS E-FILE COPY COST
  65. SUMMONS E-FILE COPY COST
  66. SUMMONS E-FILE COPY COST
  67. WRIT FEE
  68. WRIT FEE
  69. WRIT FEE
  70. WRIT FEE
  71. WRIT FEE
  72. WRIT FEE
  73. 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
  74. MAGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
  75. 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
  76. JUDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
  77. SPECIAL PROJECTS FUND FEE
  78. LEGAL RESEARCH
  79. LEGAL NEWS
  80. LEGAL AID
  81. COMPUTER FEE
  82. CLERK'S FEE
  83. DEPOSIT AMOUNT PAID NATHAN R. DUVELIUS
  84. DEPOSIT AMOUNT PAID NATHAN R. DUVELIUS

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