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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-02-02
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 52 entries

Parties

Plaintiff Newrez Llc D/b/a Shellpoint Mortgage Servicing
Defendant Jean Yates|Unk. Spouse Of Jean Yates If Any
Photo of Hon. JOHN D SUTULA

Judge

Hon. JOHN D SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  2. SPECIAL PROJECTS FUND FEE
  3. LEGAL RESEARCH
  4. LEGAL NEWS
  5. LEGAL AID
  6. COMPUTER FEE
  7. CLERK'S FEE
  8. DEPOSIT AMOUNT PAID CARRIE L DAVIS
  9. DEPOSIT AMOUNT PAID CARRIE L DAVIS
  10. UDGMENT ENTRY(53625939) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  11. UDGMENT ENTRY(53625938) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  12. UDGMENT ENTRY(53625937) SENT BY EMAIL. TO: Y. MARILYN RAMIREZ [email protected]
  13. LAINTIFF'S MOTION TO STAY CASE IS GRANTED. SINCE THIS CASE IS ON HOLD UNDER THE TERMS OF THE CFPB, PLAINTIFF MUST FILE A NOTICE OF INTENT TO PROCEED OR A NOTICE OF DISMISSAL ON OR BEFORE JULY 22, 2024. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. ALL PENDING MOTIONS ARE MARKED HELD IN ABEYANCE AND ALL HEARING DATES ARE CANCELED. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT, FILED 04/09/2024, IS HELD IN ABEYANCE. 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
  14. ELEPHONE DEFAULT HEARING SCHEDULED FOR 05/15/2024 AT 09:00 AM IS CANCELLED.
  15. OTION FILED FOR P1 NEWREZ LLC CARRIE L DAVIS 0083281 PLAINTIFF'S MOTION TO STAY CASE 04/23/2024 - GRANTED
  16. ELEPHONE DEFAULT HEARING SET FOR 05/15/2024 AT 09:00 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
  17. OTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 04/23/2024 - HELD IN ABEYANCE
  18. ENERAL PLEADING FILED BY P1 NEWREZ LLC ATTORNEY Y. MARILYN RAMIREZ 0074242 FINAL JUDICIAL REPORT
  19. ENERAL PLEADING FILED BY P1 NEWREZ LLC ATTORNEY Y. MARILYN RAMIREZ 0074242 PRELIMINARY JUDICIAL REPORT
  20. FFIDAVIT FILED BY P1 NEWREZ LLC ATTORNEY Y. MARILYN RAMIREZ 0074242 MILITARY AFFIDAVIT
  21. FFIDAVIT FILED BY P1 NEWREZ LLC ATTORNEY Y. MARILYN RAMIREZ 0074242 AFFIDAVIT OF YANFANG MARILYN RAMIREZ
  22. OTICE OF APPEARANCE, FILED P1 NEWREZ LLC Y. MARILYN RAMIREZ 0074242. NOTICE OF APPEARANCE
  23. ON 02/27/2024 I SERVED THE WITHIN NAMED YATES/JEAN/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  24. ON 02/27/2024 I SERVED THE WITHIN NAMED UNK. SPOUSE OF JEAN YATES IF ANY BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  25. UMS COMPLAINT(53116577) SENT BY SPECIAL PROCESS SERVER. TO: JEAN YATES 4110 ELLISON RD SOUTH EUCLID, OH 44121
  26. UMS COMPLAINT(53116576) SENT BY SPECIAL PROCESS SERVER. TO: UNK. SPOUSE OF JEAN YATES IF ANY 4110 ELLISON RD SOUTH EUCLID, OH 44121
  27. UMMONS E-FILE COPY COST
  28. UMMONS E-FILE COPY COST
  29. RIT FEE
  30. RIT FEE
  31. EQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY PROCESS SERVER
  32. SPS RECEIPT NO. 52975726 DELIVERED BY USPS 02/09/2024 UNK. SPOUSE OF JEAN YATES IF ANY PROCESSED BY COC 02/14/2024.
  33. SPS RECEIPT NO. 52975725 DELIVERED BY USPS 02/09/2024 YATES/JEAN/ PROCESSED BY COC 02/14/2024.
  34. ENERAL PLEADING FILED BY P1 NEWREZ LLC ATTORNEY CARRIE L DAVIS 0083281 PJR
  35. UMS COMPLAINT(52975726) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF JEAN YATES IF ANY 4110 ELLISON RD SOUTH EUCLID, OH 44121
  36. UMS COMPLAINT(52975725) SENT BY CERTIFIED MAIL. TO: JEAN YATES 4110 ELLISON RD SOUTH EUCLID, OH 44121
  37. AGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  38. UMMONS E-FILE COPY COST
  39. UMMONS E-FILE COPY COST
  40. RIT FEE
  41. RIT FEE
  42. LL 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. T 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
  44. UDGE JOHN D SUTULA ASSIGNED (RANDOM)
  45. PECIAL PROJECTS FUND FEE
  46. EGAL RESEARCH
  47. EGAL NEWS
  48. EGAL AID
  49. OMPUTER FEE
  50. LERK'S FEE
  51. EPOSIT AMOUNT PAID CARRIE L DAVIS
  52. EPOSIT AMOUNT PAID CARRIE L DAVIS

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