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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-08-25
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 53 entries

Parties

Plaintiff Phh Mortgage Corporation
Defendant Linda Coley Walk|John Or Jane Doe, Unknown Spouse, If Any, Of Linda Coley Walk|United States Of America|Cavalry Spv I, Llc
Photo of Hon. KATHLEEN ANN SUTULA

Judge

Hon. KATHLEEN ANN SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST, PRELIMINARY JUDICIAL REPORT
  2. DEFAULT HEARING SCHEDULED FOR 01/25/2024 AT 10:00 AM IS CANCELLED.
  3. MOTION TO DISMISS FILED PLAINTIFF'S MOTION TO DISMISS 01/17/2024 - GRANTED
  4. NOTICE FILED BY P1 PHH MORTGAGE CORPORATION ATTORNEY TED A HUMBERT 0022307 NOTICE OF HEARING
  5. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 01/25/2024 AT 10:00AM BEFORE MAGISTRATE JOHN T DYKE, 310 W. LAKESIDE, 6TH FL. LOCATED ACROSS THE STREET FROM THE JUSTICE CENTER ON THE NORTH WEST CORNER OF LAKESIDE AVENUE AND WEST 3RD STREET. THE MOVING PARTY MUST SEND NOTICE OF THE DATE AND TIME OF THIS HEARING AND A COPY OF THE MOTION TO ALL PARTIES, INCLUDING THOSE WHO HAVE YET TO ENTER AN APPEARANCE, AT LEAST 14 DAYS IN ADVANCE OF THE HEARING. FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CLAIMS OR AN ENTRY OF JUDGMENT. NOTICE ISSUED
  6. MOTION FOR DEFAULT JUDGMENT 01/17/2024 - MOOT
  7. AFFIDAVIT FILED BY P1 PHH MORTGAGE CORPORATION ATTORNEY TED A HUMBERT 0022307 MILITARY AFFIDAVIT NATURAL PERSON DEFENDANTS
  8. AFFIDAVIT FILED BY P1 PHH MORTGAGE CORPORATION ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF NON-MILITARY STATUS
  9. PLAINTIFF HAS RESPONDED TO PREVIOUS COURT ORDER. PLAINTIFF INTENDS TO PROCEED WITH ITS CASE. IN LIGHT OF THIS, PLAINTIFF HAS UNTIL 1/17/24 TO RE-FILE ITS MOTION FOR DEFAULT JUDGMENT. FAILURE TO DO SO MAY RESULT IN DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. NOTICE ISSUED
  10. NOTICE FILED BY P1 PHH MORTGAGE CORPORATION ATTORNEY TED A HUMBERT 0022307 STATUS OF SETLEMENT AND NOTICE OF INTEND TO PROCEED
  11. CASE CALLED FOR HEARING. COUNSEL FOR PLAINTIFF PRESENT. DEFENDANTS ABSENT. UPON FURTHER REVIEW, THE COURT DOES HAVE EVIDENCE BEFORE IT THAT THE DEFENDANT HAS INDEED SUBMITTED A COMPLETE LOSS MITIGATION PACKET TO THE PLAINTIFF. IN LIGHT OF THIS, ALL MOTION PRACTICE AND DISCOVERY ARE STAYED WHILE THE PARTIES ATTEMPT LOSS MITIGATION. THUS, PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT FILED ON 11/9/23 IS RENDERED MOOT AND MUST BE RE-FILED IF LOSS MITIGATION PROVES UNSUCCESSFUL. PLAINTIFF HAS UNTIL 1/10/24 TO UPDATE THE COURT IN WRITING REGARDING THE STATUS OF LOSS MITIGATION. FAILURE TO DO SO MAY RESULT IN DISMISSAL WITHOUT PREJUDICE. NOTICE ISSUED
  12. PLAINTIFF'S MOTION OF 11/17/23 TO DELAY RULING ON MOTION FOR DEFAULT IS DENIED. THERE IS NO EVIDENCE BEFORE THE COURT THAT THE DEFENDANT HAS SUBMITTED A "COMPLETE" LOSS MITIGATION PACKET TO THE PLAINTIFF AND THAT IT IS WITH UNDERWRITING. AT THIS POINT, PLAINTIFF APPARENTLY ONLY HAS AN APPLICATION FROM THE DEFENDANT WHICH MAY OR MAY NOT BE COMPLETE. HEARING OF 11/30/23 REMAINS SET AS SCHEDULED. NOTICE ISSUED
  13. MOTION FILED FOR P1 PHH MORTGAGE CORPORATION TED A HUMBERT 0022307 MOTION TO DELAY RULING 11/20/2023 - DENIED
  14. NOTICE FILED BY P1 PHH MORTGAGE CORPORATION ATTORNEY TED A HUMBERT 0022307 NOTICE OF HEARING
  15. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 11/30/2023 AT 12:45PM BEFORE MAGISTRATE JOHN T DYKE, 310 W. LAKESIDE, 6TH FL. LOCATED ACROSS THE STREET FROM THE JUSTICE CENTER ON THE NORTH WEST CORNER OF LAKESIDE AVENUE AND WEST 3RD STREET. THE MOVING PARTY MUST SEND NOTICE OF THE DATE AND TIME OF THIS HEARING AND A COPY OF THE MOTION TO ALL PARTIES, INCLUDING THOSE WHO HAVE YET TO ENTER AN APPEARANCE, AT LEAST 14 DAYS IN ADVANCE OF THE HEARING. FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CLAIMS OR AN ENTRY OF JUDGMENT. NOTICE ISSUED
  16. GENERAL PLEADING FILED BY P1 PHH MORTGAGE CORPORATION ATTORNEY TED A HUMBERT 0022307 FINAL JUDICIAL REPORT
  17. MOTION FOR DEFAULT JUDGMENT 11/30/2023 - MOOT
  18. AFFIDAVIT FILED BY P1 PHH MORTGAGE CORPORATION ATTORNEY TED A HUMBERT 0022307 MILITARY AFFIDAVIT NATURAL PERSON DEFENDANTS
  19. AFFIDAVIT FILED BY P1 PHH MORTGAGE CORPORATION ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF NON-MILITARY STATUS
  20. AFFIDAVIT FILED BY P1 PHH MORTGAGE CORPORATION ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF COUNSEL
  21. ANSWER FILED BY D4 UNITED STATES OF AMERICA ATTORNEY SARA E DECARO 0072485 ANSWER OF THE UNITED STATES OF AMERICA
  22. USPS RECEIPT NO. 51508566 DELIVERED BY USPS 09/06/2023 UNITED STATES OF AMERICA PROCESSED BY COC 09/13/2023.
  23. USPS RECEIPT NO. 51508565 DELIVERED BY USPS 09/07/2023 JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF LINDA COLEY-WALK PROCESSED BY COC 09/13/2023.
  24. USPS RECEIPT NO. 51508564 DELIVERED BY USPS 09/07/2023 COLEY-WALK/LINDA/ PROCESSED BY COC 09/13/2023.
  25. USPS RECEIPT NO. 51508568 DELIVERED BY USPS 09/01/2023 CAVALRY SPV I, LLC PROCESSED BY COC 09/06/2023.
  26. USPS RECEIPT NO. 51508567 DELIVERED BY USPS 09/01/2023 UNITED STATES OF AMERICA PROCESSED BY COC 09/06/2023.
  27. SUMS COMPLAINT(51508568) SENT BY CERTIFIED MAIL. TO: CAVALRY SPV I, LLC C/O CT CORPORATION SYSTEM, AGENT 4400 EASTON COMMONS WAY, SUITE 125 COLUMBUS, OH 43219
  28. SUMS COMPLAINT(51508567) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA C/O U.S. DISTRICT ATTORNEY 801 WEST SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113
  29. SUMS COMPLAINT(51508566) SENT BY CERTIFIED MAIL. TO: UNITED STATES OF AMERICA C/O U.S. ATTORNEY GENERAL 950 PENNSYLVANIA AVENUE WASHINGTON, DC 20530
  30. SUMS COMPLAINT(51508565) SENT BY CERTIFIED MAIL. TO: JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF LINDA COLEY-WALK 4895 LINDSEY LANE RICHMOND HEIGHTS, OH 44143
  31. SUMS COMPLAINT(51508564) SENT BY CERTIFIED MAIL. TO: LINDA COLEY-WALK 4895 LINDSEY LANE RICHMOND HEIGHTS, OH 44143
  32. SUMMONS E-FILE COPY COST
  33. SUMMONS E-FILE COPY COST
  34. SUMMONS E-FILE COPY COST
  35. SUMMONS E-FILE COPY COST
  36. SUMMONS E-FILE COPY COST
  37. WRIT FEE
  38. WRIT FEE
  39. WRIT FEE
  40. WRIT FEE
  41. WRIT FEE
  42. 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
  43. MAGISTRATE JOHN T DYKE ASSIGNED (MANUALLY)
  44. 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
  45. JUDGE KATHLEEN ANN SUTULA ASSIGNED (RANDOM)
  46. SPECIAL PROJECTS FUND FEE
  47. LEGAL RESEARCH
  48. LEGAL NEWS
  49. LEGAL AID
  50. COMPUTER FEE
  51. CLERK'S FEE
  52. DEPOSIT AMOUNT PAID TED A HUMBERT
  53. DEPOSIT AMOUNT PAID TED A HUMBERT

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