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Case Information
Filed
2024-01-30
Status
INACTIVE
Type
Foreclosure Marsh. Of Lien
Docket
57 entries
Parties
Plaintiff
Freedom Mortgage Corporation
Defendant
Samuel Wesley|Unk. Spouse Of Samuel Wesley
Lawyers
Docket Entries
- CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST, SERVICE REQUEST
- REGULAR MAIL SERVICE RECEIPT NO. 55309116 RETURNED 12/02/2024 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF SAMUEL WESLEY NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
- JUDGMENT ENTRY(55309116) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF SAMUEL WESLEY 6110 WILBER AVENUE PARMA, OH 44129
- JUDGMENT ENTRY(55309115) SENT BY REGULAR MAIL SERVICE. TO: SAMUEL WESLEY 6110 WILBER AVENUE PARMA, OH 44129
- JUDGMENT ENTRY(55309114) SENT BY EMAIL. TO: JUSTIN C. ALBRIGHT [email protected]
- JUDGMENT ENTRY(55309113) SENT BY EMAIL. TO: MELISSA J WHALEN [email protected]
- PLAINTIFF'S MOTION TO VACATE JUDGMENT AND DISMISS CASE IS GRANTED. THE DECREE OF FORECLOSURE AND JUDGMENT PREVIOUSLY ENTERED IS VACATED AND THE PLAINTIFF'S COMPLAINT IS DISMISSED WITHOUT PREJUDICE. 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
- PLAINTIFF FREEDOM MORTGAGE CORPORATION'S MOTION FOR ORDER AUTHORIZING PRIVATE SELLING OFFICER TO SELL REAL PROPERTY AT PUBLIC AUCTION, FILED 07/12/2024, IS DENIED AS MOOT. NOTICE ISSUED
- MOTION TO VACATE $30.00 MOTION TO VACATE JUSTIN C. ALBRIGHT (0092521) MOTION TO VACATE JUDGMENT AND DECREE IN FORCLOSURE
- DEPOSIT AMOUNT PAID JUSTIN C. ALBRIGHT
- CERTIFIED MAIL RECEIPT NO. 52935602 RETURNED 02/20/2024 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF SAMUEL WESLEY - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- CERTIFIED MAIL RECEIPT NO. 52935601 RETURNED 02/20/2024 FAILURE OF SERVICE ON DEFENDANT WESLEY/SAMUEL/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- MOTION FILED FOR P1 FREEDOM MORTGAGE CORPORATION MELISSA J WHALEN 0068316 PLAINTIFF'S MOTION FOR ORDER AUTHORIZING PRIVATE SELLING OFFICER TO SELL REAL PROPERTY AT PUBLIC AUCTION
- JUDGMENT ENTRY(54032529) SENT BY REGULAR MAIL SERVICE. TO: SAMUEL WESLEY 6110 WILBER AVENUE PARMA, OH 44129
- JUDGMENT ENTRY(54032528) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF SAMUEL WESLEY 6110 WILBER AVENUE PARMA, OH 44129
- JUDGMENT ENTRY(54032527) SENT BY EMAIL. TO: MELISSA J WHALEN [email protected]
- JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
- MAGISTRATE'S DECISION(53837339) SENT BY REGULAR MAIL SERVICE. TO: SAMUEL WESLEY 6110 WILBER AVENUE PARMA, OH 44129
- MAGISTRATE'S DECISION(53837338) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF SAMUEL WESLEY 6110 WILBER AVENUE PARMA, OH 44129
- MAGISTRATE'S DECISION(53837337) SENT BY EMAIL. TO: MELISSA J WHALEN [email protected]
- MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
- NOTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 NOTICE OF HEARING
- TELEPHONE DEFAULT HEARING SET FOR 05/15/2024 AT 10:30 AM. ANY PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST TEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. NOTICE ISSUED
- AFFIDAVIT FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 AFFIDAVIT AS TO MILITARY STATUS
- AFFIDAVIT FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 AFFIDAVIT OF MELISSA J. WHALEN
- AFFIDAVIT FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 AFFIDAVIT OF STATUS OF ACCOUNT
- MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 06/23/2024 - UNKNOWN
- GENERAL PLEADING FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 FINAL JUDICIAL REPORT
- NOTICE FILED BY P1 FREEDOM MORTGAGE CORPORATION ATTORNEY MELISSA J WHALEN 0068316 NOTICE OF FILING PROPOSED JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION
- CERTIFIED MAIL RECEIPT NO. 52935602 RETURNED 2/20/2024 FAILURE OF SERVICE ON DEFENDANT UNK. SPOUSE OF SAMUEL WESLEY - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- CERTIFIED MAIL RECEIPT NO. 52935601 RETURNED 2/20/2024 FAILURE OF SERVICE ON DEFENDANT WESLEY/SAMUEL/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- 52935653 ON 02/07/2024 I SERVED THE WITHIN NAMED UNK. SPOUSE OF SAMUEL WESLEY BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
- 52935654 ON 02/07/2024 I SERVED THE WITHIN NAMED WESLEY/SAMUEL/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
- SUMS COMPLAINT(52935602) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF SAMUEL WESLEY 6110 WILBER AVENUE PARMA, OH 44129
- SUMS COMPLAINT(52935601) SENT BY CERTIFIED MAIL. TO: SAMUEL WESLEY 6110 WILBER AVENUE PARMA, OH 44129
- SUMS COMPLAINT(52935654) SENT BY SPECIAL PROCESS SERVER. TO: SAMUEL WESLEY 6110 WILBER AVENUE PARMA, OH 44129
- SUMS COMPLAINT(52935653) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF SAMUEL WESLEY 6110 WILBER AVENUE PARMA, OH 44129
- 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 MONICA KLEIN 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
- SUMMONS E-FILE COPY COST
- WRIT FEE
- WRIT FEE
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- WRIT FEE
- SUMMONS E-FILE COPY COST
- WRIT FEE
- JUDGE DEENA R CALABRESE ASSIGNED (RANDOM)
- SPECIAL PROJECTS FUND FEE
- LEGAL RESEARCH
- LEGAL NEWS
- LEGAL AID
- COMPUTER FEE
- CLERK'S FEE
- DEPOSIT AMOUNT PAID MELISSA J WHALEN
- DEPOSIT AMOUNT PAID MELISSA J WHALEN
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