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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-12-29
Status ACTIVE
Type Foreclosure Marsh. Of Lien
Docket 43 entries

Parties

Plaintiff Merry Mac Capital Llc
Defendant Great Lakes Re Holdings, Llc|Ferguson Funding Inc.|Wells Fargo Bank, N.a., As Trustee For Option One Mortgage Loan Trust 2007 4, Asset Backed Certificates, Series 2007 4
Photo of Hon. JOHN D SUTULA

Judge

Hon. JOHN D SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. NOTICE FILED BY P1 MERRY MAC CAPITAL LLC ATTORNEY TED A HUMBERT 0022307 NOTICE OF HEARING
  2. MOTION FILED FOR D2 FERGUSON FUNDING INC. THOMAS M HORWITZ 0062323 DEFENDANT FERGUSON FUNDING INC.'S MOTION TO STRIKE, OR, IN THE ALTERNATIVE, BRIEF IN OPPOSITION TO, PLAINTIFF'S MOTION FOR MORE DEFINITE STATEMENT, FILED 02/29/2024, IS DENIED. NOTICE ISSUED
  3. CMC BY PHONE SET FOR 04/09/2024 AT 10:00 AM BY TELEPHONE. THE CASE IS SET FOR TELEPHONE CMC. ANY PARTY MAY APPEAR AT THE TELEPHONE CMC BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE CMC. PLAINTIFF MUST SEND NOTICE TO ALL PARTIES OF THE CMC AT LEAST 14 DAYS PRIOR TO THE CMC. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. NOTICE ISSUED
  4. MOTION FILED FOR P1 MERRY MAC CAPITAL LLC LAURA C. INFANTE 0082050 PLAINTIFF'S MOTION FOR MORE DEFINITE STATEMENT, FILED 02/28/2024, IS DENIED. NOTICE ISSUED
  5. CERTIFIED MAIL NUMBER 52694230 ADDRESSED TO WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST(D3) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  6. MOTION FILED FOR D2 FERGUSON FUNDING INC. THOMAS M HORWITZ 0062323 DEFENDANT FERGUSON FUNDING INC.'S MOTION TO STRIKE, OR, IN THE ALTERNATIVE, BRIEF IN OPPOSITION TO, PLAINTIFF'S MOTION FOR MORE DEFINITE STATEMENT 03/22/2024 - DENIED
  7. MOTION FILED FOR P1 MERRY MAC CAPITAL LLC LAURA C. INFANTE 0082050 PLAINTIFF'S MOTION FOR MORE DEFINITE STATEMENT 03/22/2024 - DENIED
  8. USPS RECEIPT NO. 53008829 DELIVERED BY USPS 02/14/2024 WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST PROCESSED BY COC 02/21/2024.
  9. SUMS COMPLAINT(53008829) SENT BY CERTIFIED MAIL. TO: WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST C/O CORPORATION SERVICE COMP AGENT 1160 DUBLIN ROAD, SUITE 400 COLUMBUS, OH 43215-0000
  10. SUMMONS E-FILE COPY COST
  11. WRIT FEE
  12. REQUEST FOR SERVICE FILED REISSUE CERTIFIED MAIL
  13. ANSWER FILED BY D2 FERGUSON FUNDING INC. ATTORNEY THOMAS M HORWITZ 0062323 DEFENDANT FERGUSON FUNDING INC.'S ANSWER TO PLAINTIFF'S COMPLAINT
  14. NOTICE OF APPEARANCE, FILED D2 FERGUSON FUNDING INC. THOMAS M HORWITZ 0062323. DEFENDANT FERGUSON FUNDING INC.'S NOTICE OF APPEARANCE
  15. CERTIFIED MAIL RECEIPT NO. 52694229 RETURNED 01/06/2024 FAILURE OF SERVICE ON DEFENDANT FERGUSON FUNDING INC. - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  16. USPS RECEIPT NO. 52748687 DELIVERED BY USPS 01/11/2024 FERGUSON FUNDING INC. PROCESSED BY COC 01/17/2024.
  17. USPS RECEIPT NO. 52694228 DELIVERED BY USPS 01/10/2024 GREAT LAKES RE HOLDINGS, LLC PROCESSED BY COC 01/17/2024.
  18. SUMS COMPLAINT(52748687) SENT BY CERTIFIED MAIL. TO: FERGUSON FUNDING INC. 34122 WEST POINT DRIVE NORTH RIDGEVILLE, OH 44039-0000
  19. SUMMONS E-FILE COPY COST
  20. WRIT FEE
  21. REQUEST FOR SERVICE FILED REQUEST FOR CERTIFIED MAIL
  22. CERTIFIED MAIL RECEIPT NO. 52694229 RETURNED 1/6/2024 FAILURE OF SERVICE ON DEFENDANT FERGUSON FUNDING INC. - MOVED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  23. MAGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  24. SUMS COMPLAINT(52694230) SENT BY CERTIFIED MAIL. TO: WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST C/O CORPORATION SERVICE COMPANY, AG 3366 RIVERSIDE DRIVE, SUITE 103 UPPER ARLINGTON, OH 43221
  25. SUMS COMPLAINT(52694229) SENT BY CERTIFIED MAIL. TO: FERGUSON FUNDING INC. C/O SAMUEL A. FERGUSON, AGENT 5510 PEARL RD., #103 PARMA, OH 44129
  26. SUMS COMPLAINT(52694228) SENT BY CERTIFIED MAIL. TO: GREAT LAKES RE HOLDINGS, LLC C/O RE EQUITY HOLDINGS CORP. 1929 E ROYALTON RD, BLDG B, STE 101 BROADVIEW HEIGHTS, OH 44147
  27. 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
  28. 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
  29. SUMMONS E-FILE COPY COST
  30. SUMMONS E-FILE COPY COST
  31. WRIT FEE
  32. WRIT FEE
  33. SUMMONS E-FILE COPY COST
  34. WRIT FEE
  35. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  36. SPECIAL PROJECTS FUND FEE
  37. LEGAL RESEARCH
  38. LEGAL NEWS
  39. LEGAL AID
  40. COMPUTER FEE
  41. CLERK'S FEE
  42. DEPOSIT AMOUNT PAID TED A HUMBERT
  43. DEPOSIT AMOUNT PAID TED A HUMBERT

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