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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-07-01
Status ACTIVE
Type Quiet Title
Docket 75 entries

Parties

Plaintiff Rosa E. Nazario
Defendant Firstkey Master Funding 2021 A Collateral Trust Co Select Portfolio Servicing, Inc.|Metro Health Credit Union Co Ohio Attorney General|State Of Ohio Department Of Taxation|Kathryn Gonser Eloff|Cuyahoga County Treasurer
Photo of Hon. Ashley Kilbane

Judge

Hon. Ashley Kilbane

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. CMC HELD. COUNSEL FOR PLAINTIFF AND COUNSEL FOR PRIMARY DEFENDANT APPEARED. THE COURT SETS THE FOLLOWING CASE SCHEDULE: DISCOVERY CUTOFF: JANUARY 27, 2026 DISPOSITIVE MOTION DEADLING: FEBRUARY 27, 2026 OPPOSITION AND REPLY BRIEFS BY RULE. NOTICE ISSUED
  3. DEPOSIT AMOUNT PAID DAVID A WALLACE
  4. ANSWER, CROSSCLAIM & COUNTERCLAIM $150 ANSWER AND COUNTERCLAIM OF DEFENDANT FIRSTKEY TO PLAINTIFF'S COMPLAINT
  5. MOTION FILED FOR D1 FIRSTKEY MASTER FUNDING 2021 - A COLLATERAL TRUST DAVID A WALLACE 0031356 DEFENDANT FIRSTKEY MASTER FUNDING 2012-A COLLATERAL TRUST'S MOTION TO SET ASIDE MAGISTRATE'S ORDER
  6. CMC BY PHONE SET FOR 10/27/2025 AT 02:30 PM 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
  7. DEFENDANT FIRSTKEY MASTER FUNDING 2012-A COLLATERAL TRUST'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT IS DENIED. THE MOTION IS MADE PURSUANT TO CIV.R.12(B)(6) WHICH PROVIDES THAT A CLAIM OR CLAIMS MAY BE DISMISSED "WHEN IT APPEARS BEYOND A DOUBT THAT THE PLAINTIFF WILL BE UNABLE TO PROVE ANY SET OF FACTS IN SUPPORT OF THE CLAIM THAT WOULD ENTITLE HIM OR HER TO RELIEF." YORK V. OHIO STATE HIGHWAY PATROL, 60 OHIO ST. 3D 143, 144 (1991). AS MOVANT NOTES, QUIET TITLES ARE MECHANISMS TO ELIMINATE AN ADVERSE INTEREST, OR CLOUD, ON A TITLE. BANK OF NEW YORK MELLON V. FLOYD, 8TH DIST. CUYAHOGA NO. 110248, 2021-OHIO-3736. AN ENCUMBRANCE, SUCH AS A MORTGAGE, IS ONLY A CLOUD ON TITLE IF THE ENCUMBRANCE ITSELF IS INVALID. ID. WHILE MUCH OF PLAINTIFF'S CLAIMS FOCUS ON ALLEGED DEFECTS IN THE CHAIN OF TITLE, PLAINTIFF DOES ALLEGE THAT "FIRSTKEY IS NOT ENTITLE TO ENFORCE THE LOAN AGREEMENT OR MORTGAGE" SEE COMPLAINT PARAGRAPH 17. THIS ALLEGATION IS SUFFICIENT TO ALLEGE THAT THE LOAN AGREEMENT OR THE MORTGAGE ARE INVALID, WHICH WOULD PROVIDE A SUFFICIENT BASIS, IF PROVEN TRUE, MAY BE A SUFFICIENT BASIS UPON WHICH PLAINTIFF COULD PREVAIL. THE MOTION IS DENIED. THE MAGISTRATE WILL SET A CMC TO ESTABLISH A CASE SCHEDULE BY SEPARATE ORDER. NOTICE ISSUED
  8. NOTICE OF REMOVAL FILED NOTICE OF ATTORNEY WITHDRAWAL
  9. NOTICE OF APPEARANCE, FILED P1 ROSA E. NAZARIO SAMI Z FARHAT 0095224. NOTICE OF APPEARANCE
  10. THE MOTION TO DISMISS DEFENDANT KATHRYN GONSER ELOFF IS UNOPPOSED AND GRANTED. THE CLAIMS AGAINST DEFENDANT KATHRYN GONSER ELOFF ONLY ARE DISMISSED WITHOUT PREJUDICE. THE CLAIMS AGAINST THE OTHER NAMED DEFENDANTS REMAIN. NOTICE ISSUED
  11. NOTICE FILED BY P1 ROSA E. NAZARIO ATTORNEY RACHEL L STEINLAGE 0079450 NOTICE OF PLAINTIFF'S RULE 34 REQUEST FOR INSPECTION
  12. GENERAL PLEADING FILED BY D1 FIRSTKEY MASTER FUNDING 2021 - A COLLATERAL TRUST ATTORNEY DAVID A WALLACE 0031356 REPLY MEMORANDUM IN SUPPORT OF DEFENDANT FIRSTKEY MASTER FUNDING 2012-A COLLATERAL TRUST'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT
  13. GENERAL PLEADING FILED BY P1 ROSA E. NAZARIO ATTORNEY RACHEL L STEINLAGE 0079450 PLAINTIFF'S OPPOSITION TO DEFENDANT FIRSTKEY MASTER FUNDING 2012-A COLLATERAL TRUST'S MOTION TO DISMISS
  14. PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO MOTION TO DISMISS IS GRANTED. PLAINTIFF IS GRANTED LEAVE UP TO AND INCLUDING OCTOBER 2, 2024, TO FILE A REPLY TO THE PENDING MOTION TO DISMISS. NOTICE ISSUED
  15. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME FOR PLAINTIFF TO FILE A RESPONSE TO DEFENDANTS' MOTION TO DISMISS 09/24/2024 - GRANTED
  16. STIPULATION FILED BY P1 ROSA E. NAZARIO ATTORNEY RACHEL L STEINLAGE 0079450 STIPULATION FOR EXTENSION OF TIME FOR PLAINTIFF TO FILE A RESPONSE TO DEFENDANTS' MOTION TO DISMISS
  17. CERTIFIED MAIL NUMBER 54216797 ADDRESSED TO STATE OF OHIO DEPARTMENT OF TAXATION(D3) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  18. CERTIFIED MAIL NUMBER 54216796 ADDRESSED TO METRO HEALTH CREDIT UNION(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  19. CERTIFIED MAIL NUMBER 54216795 ADDRESSED TO FIRSTKEY MASTER FUNDING 2021 - A COLLATERAL TRUST(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  20. MOTION TO DISMISS FILED DEFENDANT FIRSTKEY MASTER FUNDING 2012-A COLLATERAL TRUST'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT
  21. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT, FILED 07/25/2024, IS GRANTED. NOTICE ISSUED
  22. MOTION TO DISMISS FILED 10/25/2024 - GRANTED
  23. STIPULATION FOR LEAVE TO PLEAD FILED STIPULATION FOR EXTENSION OF TIME TO ANSWER, MOVE OR OTHERWISE PLEAD IN RESPONSE TO PLAINTIFF'S COMPLAINT
  24. ANSWER FILED BY D3 STATE OF OHIO DEPARTMENT OF TAXATION ATTORNEY LAURA L. PETERS 0063425 STATE OF OHIO DEPARTMENT OF TAXATION
  25. ANSWER FILED BY D5 CUYAHOGA COUNTY TREASURER ATTORNEY NATHAN PLUTO 0093257 CUYAHOGA COUNTY TREASURER
  26. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT 08/09/2024 - GRANTED
  27. NOTICE OF APPEARANCE, FILED D4 KATHRYN GONSER ELOFF JAMES MATTHEW WILLSON 0086794. A. NOTICE OF APPEARANCE
  28. CLERK ISSUED VIA HAND DELIVERY RETURNED 07/18/2024 - CUYAHOGA COUNTY TREASURER - COMPLETED 07/18/2024 0.00
  29. USPS RECEIPT NO. 54216798 DELIVERED BY USPS 07/08/2024 ELOFF/KATHRYN/GONSER PROCESSED BY COC 07/17/2024.
  30. USPS RECEIPT NO. 54203914 DELIVERED BY USPS 07/08/2024 CUYAHOGA COUNTY TREASURER PROCESSED BY COC 07/17/2024.
  31. USPS RECEIPT NO. 54203911 DELIVERED BY USPS 07/09/2024 METRO HEALTH CREDIT UNION PROCESSED BY COC 07/17/2024.
  32. CERTIFIED MAIL RECEIPT NO. 54203910 RETURNED BY U.S. MAIL DEPARTMENT 07/08/2024 FIRSTKEY MASTER FUNDING 2021 - A COLLATERAL TRUST MAIL RECEIVED AT ADDRESS 07/17/2024 TENDERED TO AGENT FOR FINAL DELIVERY
  33. USPS RECEIPT NO. 54203912 DELIVERED BY USPS 07/09/2024 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 07/17/2024.
  34. USPS RECEIPT NO. 54203913 DELIVERED BY USPS 07/06/2024 ELOFF/KATHRYN /GONSER PROCESSED BY COC 07/10/2024.
  35. SUMS COMPLAINT(54216798) SENT BY CERTIFIED MAIL. TO: KATHRYN GONSER ELOFF 3820 MONTICELLO BLVD. CLEVELAND HEIGHTS, OH 44121
  36. SUMS COMPLAINT(54216797) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION 150 EAST GAY STREET, 21ST FLOOR COLUMBUS, OH 43215
  37. SUMS COMPLAINT(54216796) SENT BY CERTIFIED MAIL. TO: METRO HEALTH CREDIT UNION 30 E. BROAD STREET, 14TH FLOOR COLUMBUS, OH 43215
  38. SUMS COMPLAINT(54216795) SENT BY CERTIFIED MAIL. TO: FIRSTKEY MASTER FUNDING 2021 - A COLLATERAL TRUST 3217 S. DECKER LAKE DRIVE SALT LAKE CITY, UT 84119
  39. SUMS COMPLAINT(54216799) SENT BY CLERK ISSUED VIA HAND DELIVERY. TO: CUYAHOGA COUNTY TREASURER 2019 E. 9TH STREET CLEVELAND, OH 44115
  40. SUMMONS E-FILE COPY COST
  41. SUMMONS E-FILE COPY COST
  42. SUMMONS E-FILE COPY COST
  43. SUMMONS E-FILE COPY COST
  44. WRIT FEE
  45. WRIT FEE
  46. WRIT FEE
  47. WRIT FEE
  48. SUMMONS E-FILE COPY COST
  49. WRIT FEE
  50. SUMS COMPLAINT(54203914) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY TREASURER 2019 E. 9TH STREET CLEVELAND, OH 44115
  51. SUMS COMPLAINT(54203913) SENT BY CERTIFIED MAIL. TO: KATHRYN GONSER ELOFF 3820 MONTICELLO BLVD. CLEVELAND HEIGHTS, OH 44121
  52. SUMS COMPLAINT(54203912) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION 150 EAST GAY STREET, 21ST FLOOR COLUMBUS, OH 43215
  53. SUMS COMPLAINT(54203911) SENT BY CERTIFIED MAIL. TO: METRO HEALTH CREDIT UNION 30 E. BROAD STREET, 14TH FLOOR COLUMBUS, OH 43215
  54. SUMS COMPLAINT(54203910) SENT BY CERTIFIED MAIL. TO: FIRSTKEY MASTER FUNDING 2021 - A COLLATERAL TRUST 3217 S. DECKER LAKE DRIVE SALT LAKE CITY, UT 84119
  55. SUMMONS E-FILE COPY COST
  56. SUMMONS E-FILE COPY COST
  57. SUMMONS E-FILE COPY COST
  58. WRIT FEE
  59. WRIT FEE
  60. WRIT FEE
  61. WRIT FEE
  62. SUMMONS E-FILE COPY COST
  63. SUMMONS E-FILE COPY COST
  64. WRIT FEE
  65. MAGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  66. 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. NOTICE ISSUED
  67. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE
  68. JUDGE ASHLEY KILBANE ASSIGNED (RANDOM)
  69. LEGAL RESEARCH
  70. LEGAL NEWS
  71. LEGAL AID
  72. COURT SPECIAL PROJECTS FUND
  73. COMPUTER FEE
  74. CLERK'S FEE
  75. DEPOSIT AMOUNT PAID RACHEL L STEINLAGE

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