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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-09-11
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 64 entries

Parties

Plaintiff U.s. Bank National Association
Defendant Sherrie A Akins|Unk. Spouse Of Sherrie A Akins|Unk. Heirs Etc. Janet L Akins
Photo of Hon. Michael P Shaughnessy

Judge

Hon. Michael P Shaughnessy

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT W PRELIMINARY JUDICIAL REPORT
  2. OTION FILED FOR D1 SHERRIE A AKINS DAVID L ROWTHORN 0013060 DEFENDANT SHERRIE AKINS' MOTION TO DISTRIBUTE FUNDS HELD BY THE CLERK OF COURTS
  3. UDGMENT ENTRY(57884523) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF SHERRIE A AKINS 1022 KEYSTONE DR CLEVELAND HEIGHTS, OH 44121
  4. UDGMENT ENTRY(57884522) SENT BY REGULAR MAIL SERVICE. TO: SHERRIE A AKINS 1022 KEYSTONE DR CLEVELAND HEIGHTS, OH 44121
  5. UDGMENT ENTRY(57884521) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  6. UDGMENT ENTRY(57884520) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  7. ECREE OF CONFIRMATION (Parcel(s) #70101084) THE SHERIFF HAVING SOLD THE PROPERTY DESCRIBED IN THE ORDER OF SALE ISSUED TO HIM, THE COURT BEING SATISFIED OF THE LEGALITY OF THE SALE AND THAT THE NOTICE OF THE SALE WAS IN ALL RESPECTS IN CONFORMITY TO LAW, APPROVES AND CONFIRMS THE SAME AND DIRECTS THE SHERIFF TO EXECUTE AND DELIVER TO ANTHONY HEMPSTEAD A GOOD AND SUFFICIENT DEED THEREOF. UPON FULL PAYMENT OF THE PURCHASE PRICE, THE PURCHASER WILL BE ENTITLED TO A WRIT OF POSSESSION AGAINST ALL PARTY DEFENDANTS. ALL UNDISPUTED STATE LIENS ARE PROTECTED AS PROVIDED IN R.C. SEC. 2329.192. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS MUST SERVE, IN A MANNER PRESCRIBED BY CIV.R. 5(B), ALL PARTIES NOT IN DEFAULT FOR FAILURE TO APPEAR NOTICE OF THIS JUDGMENT AND ITS DATE OF ENTRY UPON THE JOURNAL AND MUST NOTE THE SERVICE ON THE APPEARANCE DOCKET. NOTICE ISSUED
  8. OTION OF THE PLAINTIFF FOR ADVANCES IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF IS GRANTED REIMBURSEMENT FOR TAXES, HAZARD INSURANCE, AND PROPERTY PRESERVATION. INTEREST IS ALREADY PROVIDED FOR IN THE ORDER OF DISTRIBUTION. THE COURT DOES NOT ALLOW FOR ATTORNEYS' FEES AND COSTS. THERE IS NO LEGAL SUPPORT PROVIDED FOR BPO/BK FEES/UTILITIES. THIS REQUEST IS VAGUE AND UNCLEAR WITH NO EXPLANATION AS TO HOW THIS AMOUNT IS ALLOWED UNDER OHIO REVISED CODE ANNOTATED SECTION 5301.232. THE ORDER OF DISTRIBUTION IS AMENDED AS FOLLOWS: THIRD: TO PLAINTIFF, THE SUM OF $67,146.98, PLUS INTEREST AT THE RATE OF 4.75000% PER ANNUM FROM AUGUST 1, 2023. FOURTH: TO THE PLAINTIFF, REIMBURSEMENT FOR THE FOLLOWING: TAXES: $3,648.61, HAZARD INSURANCE: $1,441.02, AND PROPERTY PRESERVATION: $525.00. FIFTH: THE BALANCE, IF ANY, TO THE CLERK OF COURTS TO BE HELD PENDING FURTHER ORDER. NOTICE ISSUED
  9. OTION FILED FOR P1 U.S. BANK NATIONAL ASSOCIATION CARRIE L DAVIS 0083281 MOTION FOR REIMBURSEMENT OF ADVANCES
  10. OTION OF THE PLAINTIFF UNTIL JULY 23, 2025 TO FILE A MOTION FOR REIMBURSEMENT FOR ADVANCES IS GRANTED. NOTICE ISSUED
  11. OTION FOR EXTENSION OF TIME PLAINTIFF'S MOTION FOR EXTENSION OF TIME
  12. ROOF OF PUBLICATION FILED. PUBLICATION COST OF $646.00 PREPAID TO LEGAL NEWS.
  13. OS ORDER OF SALE RETURNED 6/4/2025, SOLD DATE 6/2/2025 SOLD TO: ANTHONY HEMPSTEAD FOR $93,000.00
  14. OTICE FILED BY P1 U.S. BANK NATIONAL ASSOCIATION ATTORNEY CARRIE L DAVIS 0083281 NOTICE OF SALE
  15. ECORDER'S FEE $1.00
  16. OTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 05/19/2025 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 05/19/2025 IT WILL BE RE-OFFERED ON 06/02/2025 PURSUANT TO LOCAL RULE 27 IT IS HEREBY ORDERED THAT EACH APPRAISER NAMED BE COMPENSATED BY THE CLERK OF COURTS, FROM THE FUNDS ON DEPOSIT AS FOLLOWS: JOHN F LENEHAN, APPRAISAL COST: $52.23 REGULAR FEE AND MILEAGE. PAUL GERALD MCLAUGHLIN, APPRAISAL COST: $50 REGULAR FEE. STANLEY R PATRISKI, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-24-103614 DATED THIS 15th DAY OF APRIL, 2025 NOTICE ISSUED NOTICE ISSUED
  17. OS LAND APPRAISAL FILED
  18. RDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 701-01-084
  19. EAL AUCTION
  20. EPOSIT AMOUNT PAID CARRIE L DAVIS
  21. RAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE
  22. UDGMENT ENTRY(55989424) SENT BY REGULAR MAIL SERVICE. TO: SHERRIE A AKINS 1022 KEYSTONE DR CLEVELAND HEIGHTS, OH 44121
  23. UDGMENT ENTRY(55989423) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF SHERRIE A AKINS 1022 KEYSTONE DR CLEVELAND HEIGHTS, OH 44121
  24. UDGMENT ENTRY(55989421) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  25. UDGMENT ENTRY(55989420) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  26. UDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
  27. AGISTRATE'S DECISION(55786768) SENT BY REGULAR MAIL SERVICE. TO: SHERRIE A AKINS 1022 KEYSTONE DR CLEVELAND HEIGHTS, OH 44121
  28. AGISTRATE'S DECISION(55786767) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE OF SHERRIE A AKINS 1022 KEYSTONE DR CLEVELAND HEIGHTS, OH 44121
  29. AGISTRATE'S DECISION(55786766) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  30. AGISTRATE'S DECISION(55786765) SENT BY EMAIL. TO: CARRIE L DAVIS [email protected]
  31. N REM MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  32. EFAULT HEARING HELD. COUNSEL FOR PLAINTIFF WAS PRESENT. DEFENDANTS FAILED TO FILE A RESPONSIVE PLEADING. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. MAGISTRATE'S DECISION TO FOLLOW. NOTICE ISSUED
  33. OTICE FILED BY P1 U.S. BANK NATIONAL ASSOCIATION ATTORNEY CARRIE L DAVIS 0083281 NOTICE OF DEFAULT HEARING
  34. ELEPHONE DEFAULT HEARING SET FOR 01/08/2025 AT 08:45 AM. 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 SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  35. OTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT
  36. FFIDAVIT FILED BY P1 U.S. BANK NATIONAL ASSOCIATION ATTORNEY CARRIE L DAVIS 0083281 AFFIDAVIT OF CARRIE L DAVIS
  37. ENERAL PLEADING FILED BY P1 U.S. BANK NATIONAL ASSOCIATION ATTORNEY CARRIE L DAVIS 0083281 FINAL JUDICIAL REPORT
  38. FFIDAVIT FILED BY P1 U.S. BANK NATIONAL ASSOCIATION ATTORNEY CARRIE L DAVIS 0083281 MILITARY AFFIDAVIT
  39. EGAL NEWS ABSTRACT
  40. ROOF OF PUBLICATION FILED $548.80 - LEGAL NEWS FEE $250.00
  41. RE-PAID PORTION OF SERVICE PUBLICATION FEE $298.80
  42. EPOSIT AMOUNT PAID CARRIE L DAVIS
  43. FFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250 AFFIDAVIT FOR SERVICE BY PUBLICATION
  44. SPS RECEIPT NO. 54800860 DELIVERED BY USPS 09/27/2024 UNK. SPOUSE OF SHERRIE A AKINS PROCESSED BY COC 10/02/2024.
  45. SPS RECEIPT NO. 54800859 DELIVERED BY USPS 09/19/2024 AKINS/SHERRIE/A PROCESSED BY COC 09/25/2024.
  46. URSUANT TO CIVIL RULE 4(E), PLAINTIFF MUST PERFECT SERVICE ON ALL DEFENDANTS WITHIN SIX MONTHS OF FILING ITS COMPLAINT, OR AMENDED COMPLAINT, IF APPLICABLE. IF PLAINTIFF FAILS TO PERFECT SERVICE ON ALL NECESSARY PARTIES WITHIN THE SIX-MONTH DEADLINE, THE CASE MAY BE DISMISSED WITHOUT PREJUDICE. ADDITIONAL TIME WILL BE GRANTED BY MOTION ONLY FOR GOOD CAUSE SHOWN. MOTIONS FOR ADDITIONAL TIME SHOULD BE FILED AND SUBMITTED TO THE MAGISTRATE. IF GOOD CAUSE IS NOT SHOWN, THE COURT WILL DISMISS THE CASE WITHOUT PREJUDICE FOR FAILING TO SERVE ALL NECESSARY PARTIES. NOTICE ISSUED
  47. UMS COMPLAINT(54800860) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE OF SHERRIE A AKINS 1022 KEYSTONE DR CLEVELAND HEIGHTS, OH 44121
  48. UMS COMPLAINT(54800859) SENT BY CERTIFIED MAIL. TO: SHERRIE A AKINS 1022 KEYSTONE DR CLEVELAND HEIGHTS, OH 44121
  49. UMMONS E-FILE COPY COST
  50. UMMONS E-FILE COPY COST
  51. RIT FEE
  52. RIT FEE
  53. 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
  54. AGISTRATE KEVIN C AUGUSTYN ASSIGNED (MANUALLY)
  55. 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
  56. UDGE MICHAEL P SHAUGHNESSY ASSIGNED (RANDOM)
  57. PECIAL PROJECTS FUND FEE
  58. EGAL RESEARCH
  59. EGAL NEWS
  60. EGAL AID
  61. OMPUTER FEE
  62. LERK'S FEE
  63. EPOSIT AMOUNT PAID CARRIE L DAVIS
  64. EPOSIT AMOUNT PAID CARRIE L DAVIS

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