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Case Information
Filed
2022-12-01
Status
INACTIVE
Type
Foreclosure Marsh. Of Lien
Docket
38 entries
Parties
Plaintiff
Freedom Mortgage Corporation
Defendant
Joshua D. Smith|Unk. Spouse If Any Of Joshua D. Smith
Lawyers
Docket Entries
- CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
- NOTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY JOSHUA J. EPLING 0079568 NOTICE OF DISMISSAL
- NOTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY JOSHUA J. EPLING 0079568 NOTICE OF STATUS OF LOSS MITIGATION
- FAILED POSTCARD RESEND OM(51075232) SENT BY REGULAR MAIL SERVICE. TO: JOSHUA D. SMITH 1144 EAST 170TH STREET CLEVELAND, OH 44110-0000
- FAILURE OF SERVICE WITH ADDRESS CHANGE PROVIDED BY THE POST OFFICE FOR SMITH/JOSHUA/D. AND RESENT OUT BY ORDINARY MAIL.
- PLAINTIFF'S MOTION FOR EXTENSION OF TIME IS UNOPPOSED AND GRANTED. THE COURT HAS BEEN NOTIFIED OF A LOSS MITIGATION STAY UNDER FEDERAL OR STATE LAW. THE CASE IS STAYED AND WILL BE REINSTATED ONLY UPON PROPER MOTION AFTER THE LOSS MITIGATION PROCESS HAS BEEN CONCLUDED. PLAINTIFF TO FILE A NOTICE OF STATUS OR A MOTION TO REINSTATE WITHIN 30 DAYS OF THIS ORDER. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- MOTION FOR EXTENSION OF TIME MOTION FOR ENLARGEMENT OF TIME 06/16/2023 - UNOPPOSED AND GRANTED
- A REVIEW OF THE DOCKET REVEALS PLAINTIFF FILED A COMPLAINT ON 12/1/22, ALTHOUGH SERVICE HAS NOT YET BEEN PERFECTED. PLAINTIFF IS ORDERED TO PERFECT SERVICE PURSUANT TO CIV.R. 4(E), OR THE PLEADING WILL BE DISMISSED WITHOUT PREJUDICE. NOTICE ISSUED
- CERTIFIED MAIL RECEIPT NO. 49253364 RETURNED 01/12/2023 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE IF ANY OF JOSHUA D. SMITH - FORWARDING TIME EXPIRED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- CERTIFIED MAIL RECEIPT NO. 49253362 RETURNED 01/12/2023 FAILURE OF SERVICE ON DEFENDANT SMITH/JOSHUA/D. - FORWARDING TIME EXPIRED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- CERTIFIED MAIL RECEIPT NO. 49253364 RETURNED 1/12/2023 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE IF ANY OF JOSHUA D. SMITH - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- CERTIFIED MAIL RECEIPT NO. 49253362 RETURNED 1/12/2023 FAILURE OF SERVICE ON DEFENDANT SMITH/JOSHUA/D. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- USPS RECEIPT NO. 49253365 DELIVERED BY USPS 12/14/2022 UNK. SPOUSE IF ANY OF JOSHUA D. SMITH PROCESSED BY COC 12/21/2022.
- CERTIFIED MAIL RECEIPT NO. 49253363 RETURNED 12/17/2022 FAILURE OF SERVICE ON DEFENDANT SMITH/JOSHUA/D. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- SUMS COMPLAINT(49253365) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE IF ANY OF JOSHUA D. SMITH 1144 EAST 170TH STREET CLEVELAND, OH 44110-0000
- SUMS COMPLAINT(49253364) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE IF ANY OF JOSHUA D. SMITH 587 5TH STREET LANE, APT. B BARBERTON, OH 44203
- SUMS COMPLAINT(49253363) SENT BY CERTIFIED MAIL. TO: JOSHUA D. SMITH 1144 EAST 170TH STREET CLEVELAND, OH 44110-0000
- SUMS COMPLAINT(49253362) SENT BY CERTIFIED MAIL. TO: JOSHUA D. SMITH 587 5TH STREET LANE, APT. B BARBERTON, OH 44203
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- WRIT FEE
- WRIT FEE
- WRIT FEE
- WRIT FEE
- SUMMONS E-FILE COPY COST
- MAGISTRATE AMY R JACKSON ASSIGNED (MANUALLY)
- 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. 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. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
- 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. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
- JUDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
- SPECIAL PROJECTS FUND FEE
- LEGAL RESEARCH
- LEGAL NEWS
- LEGAL AID
- COMPUTER FEE
- CLERK'S FEE
- DEPOSIT AMOUNT PAID JOSHUA J. EPLING
- DEPOSIT AMOUNT PAID JOSHUA J. EPLING
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Full Analytics Report
- Complete case narrative
- Judge details and rulings
- Case disposition and outcome
- All docket entries
- Related cases and filings
$20
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