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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-01-21
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 65 entries

Parties

Plaintiff Midfirst Bank
Defendant Syenesha K. Harris|John Doe Name Unknown, The Unknown Spouse Of Syenesha K. Harris, Aka Syenesha Harris (if Any)|The United States Of America, The Secretary Of Housing And Urban Development
Photo of Hon. JOHN J RUSSO

Judge

Hon. JOHN J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT
  2. JUDGMENT ENTRY(58052270) SENT BY REGULAR MAIL SERVICE. TO: SYENESHA K. HARRIS 3610 CEDARBROOK ROAD UNIVERSITY HEIGHTS, OH 44118
  3. JUDGMENT ENTRY(58052269) SENT BY EMAIL. TO: ELIZABETH DEUCHER [email protected]
  4. JUDGMENT ENTRY(58052268) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  5. JUDGMENT ENTRY(58052267) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  6. PLAINTIFF'S MOTION TO DISMISS IS GRANTED. THE CASE IS DISMISSED WITHOUT PREJUDICE AT PLAINTIFF'S COSTS. FINAL. COURT COSTS 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
  7. MOTION TO DISMISS FILED MOTION TO DISMISS
  8. PLAINTIFF'S MOTION TO STAY CASE IS GRANTED. THE COURT HAS BEEN NOTIFIED OF A LOSS MITIGATION STAY UNDER FEDERAL OR STATE LAW. THE CASE IS STAYED AND WILL BE REINSTATED ONLY UPON PROPER MOTION AFTER THE LOSS MITIGATION PROCESS HAS BEEN CONCLUDED. THE ADOPTION OF THE MAGISTRATE'S DECISION IS HELD IN ABEYANCE DURING THE STAY AND WILL BE CONSIDERED WHEN THE CASE IS REINSTATED. NOTICE ISSUED
  9. MOTION FILED FOR P1 MIDFIRST BANK ANN M JOHNSON 0072981 MOTION TO
  10. MAGISTRATE'S DECISION(57373667) SENT BY REGULAR MAIL SERVICE. TO: JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF SYENESHA K. HARRIS, 3610 CEDARBROOK ROAD CLEVELAND HEIGHTS, OH 44118
  11. MAGISTRATE'S DECISION(57373666) SENT BY REGULAR MAIL SERVICE. TO: SYENESHA K. HARRIS 3610 CEDARBROOK ROAD UNIVERSITY HEIGHTS, OH 44118
  12. MAGISTRATE'S DECISION(57373665) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  13. MAGISTRATE'S DECISION(57373664) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  14. MAGISTRATE'S DECISION(57373663) SENT BY EMAIL. TO: ELIZABETH DEUCHER [email protected]
  15. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  16. DEFAULT HEARING HELD BY MAGISTRATE AND RECORDED ELECTRONICALLY. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. THE MAGISTRATE WILL ISSUE A MAGISTRATE'S DECISION MAKING SPECIFIC FINDINGS AS TO THE RIGHTS AND LIABILITIES OF THE PARTIES. NOTICE ISSUED
  17. NOTICE FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 NOTICE OF HEARING
  18. TELEPHONE DEFAULT HEARING SET FOR 06/25/2025 AT 03:15 PM. 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
  19. NOTICE FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 NOTICE OF FILING FINAL JUDICIAL REPORT
  20. AFFIDAVIT FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 AFFIDAVIT REGARDING MILITARY STATUS
  21. NOTICE FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 NOTICE OF FILING ENTRY ADOPTING MAGISTRATE'S DECISION
  22. NOTICE FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 NOTICE OF FILING PROPOSED MAGISTRATE'S DECISION
  23. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT
  24. IT APPEARS SERVICE HAS BEEN PERFECTED ON ALL NECESSARY PARTIES. ANY PARTY SEEKING TO PROSECUTE THIS CASE MUST FILE APPROPRIATE DISPOSITIVE MOTIONS ON OR BEFORE 6-20-25. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  25. ANSWER FILED BY D3 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN ATTORNEY ELIZABETH DEUCHER 0095442 ANSWER OF THE UNITED STATES OF AMERICA
  26. CERTIFIED MAIL RECEIPT NO. 55921378 RETURNED 01/29/2025 FAILURE OF SERVICE ON DEFENDANT HARRIS/SYENESHA/K. - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  27. CERTIFIED MAIL RECEIPT NO. 55921379 RETURNED 01/29/2025 FAILURE OF SERVICE ON DEFENDANT JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF SYENESHA K. HARRIS, - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  28. USPS RECEIPT NO. 55921380 DELIVERED BY USPS 02/03/2025 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN PROCESSED BY COC 02/12/2025.
  29. 55940208 ON 01/29/2025 I SERVED THE WITHIN NAMED JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF SYENESHA K. HARRIS, BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  30. 55940207 ON 01/29/2025 I SERVED THE WITHIN NAMED HARRIS/SYENESHA/K. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  31. NOTICE OF SUMMONS SERVICE RETURN FILED SYENESHA HARRIS
  32. NOTICE OF SUMMONS SERVICE RETURN FILED UNKN SPOUSE OF SYENESHA HARRIS
  33. AFFIDAVIT FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 AFFIDAVIT OF ANN MARIE JOHNSON
  34. CERTIFIED MAIL RECEIPT NO. 55921379 RETURNED 1/29/2025 FAILURE OF SERVICE ON DEFENDANT JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF SYENESHA K. HARRIS, - OTHER REASON NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  35. CERTIFIED MAIL RECEIPT NO. 55921378 RETURNED 1/29/2025 FAILURE OF SERVICE ON DEFENDANT HARRIS/SYENESHA/K. - OTHER REASON NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  36. SUMS COMPLAINT(55940208) SENT BY SPECIAL PROCESS SERVER. TO: JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF SYENESHA K. HARRIS, 3610 CEDARBROOK ROAD CLEVELAND HEIGHTS, OH 44118
  37. SUMS COMPLAINT(55940207) SENT BY SPECIAL PROCESS SERVER. TO: SYENESHA K. HARRIS 3610 CEDARBROOK ROAD UNIVERSITY HEIGHTS, OH 44118
  38. SUMMONS E-FILE COPY COST
  39. SUMMONS E-FILE COPY COST
  40. WRIT FEE
  41. WRIT FEE
  42. SUMS COMPLAINT(55921380) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN C/O US ATTORNEY FOR THE N. DISTRICT 801 WEST SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113-0000
  43. SUMS COMPLAINT(55921379) SENT BY CERTIFIED MAIL. TO: JOHN DOE NAME UNKNOWN, THE UNKNOWN SPOUSE OF SYENESHA K. HARRIS, 3610 CEDARBROOK ROAD CLEVELAND HEIGHTS, OH 44118
  44. SUMS COMPLAINT(55921378) SENT BY CERTIFIED MAIL. TO: SYENESHA K. HARRIS 3610 CEDARBROOK ROAD UNIVERSITY HEIGHTS, OH 44118
  45. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  46. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  47. SUMMONS E-FILE COPY COST
  48. SUMMONS E-FILE COPY COST
  49. WRIT FEE
  50. WRIT FEE
  51. SUMMONS E-FILE COPY COST
  52. WRIT FEE
  53. 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
  54. MAGISTRATE STEPHEN M BUCHA ASSIGNED (MANUALLY)
  55. 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
  56. JUDGE HOLLIE L GALLAGHER ASSIGNED (RANDOM); RE-FILED CASE, REASSIGNED TO ORIGINAL JUDGE, JUDGE JOHN J RUSSO
  57. JUDGE HOLLIE L GALLAGHER ASSIGNED (RANDOM)
  58. SPECIAL PROJECTS FUND FEE
  59. LEGAL RESEARCH
  60. LEGAL NEWS
  61. LEGAL AID
  62. COMPUTER FEE
  63. CLERK'S FEE
  64. DEPOSIT AMOUNT PAID ANN M JOHNSON
  65. DEPOSIT AMOUNT PAID ANN M JOHNSON

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