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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-03
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 74 entries

Parties

Plaintiff Midfirst Bank
Defendant Erin K. Kelley|John Doe, Name Unknown, The Unknown Spouse Of Erin K. Kelley (if Any)|The United States Of America, The Secretary Of Housing And Urban Development|City Of Lakewood
Photo of Hon. STEVEN E GALL

Judge

Hon. STEVEN E GALL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT
  2. CERTIFIED MAIL NUMBER 56047885 ADDRESSED TO JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF ERIN K. KELLEY (IF ANY)(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  3. CERTIFIED MAIL NUMBER 56047884 ADDRESSED TO ERIN K. KELLEY(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  4. JUDGMENT ENTRY(56472445) SENT BY REGULAR MAIL SERVICE. TO: THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN C/O US ATTY FOR THE NORTHERN DIST 801 WEST SUPERIOR AVENUE SUITE 400 CLEVELAND, OH 44113
  5. JUDGMENT ENTRY(56472444) SENT BY REGULAR MAIL SERVICE. TO: JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF ERIN K. KELLEY (IF ANY) 1326 BONNIEVIEW AVENUE LAKEWOOD, OH 44107
  6. JUDGMENT ENTRY(56472443) SENT BY REGULAR MAIL SERVICE. TO: ERIN K. KELLEY 1326 BONNIEVIEW AVENUE LAKEWOOD, OH 44107
  7. CERTIFIED MAIL RECEIPT NO. 56023005 RETURNED 02/25/2025 FAILURE OF SERVICE ON DEFENDANT KELLEY/ERIN/K - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  8. JUDGMENT ENTRY(56472442) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  9. JUDGMENT ENTRY(56472441) SENT BY EMAIL. TO: ANN M JOHNSON [email protected]
  10. JUDGMENT ENTRY(56472440) SENT BY EMAIL. TO: KIM M HAMMOND [email protected]
  11. JUDGMENT ENTRY(56472439) SENT BY EMAIL. TO: KIM M HAMMOND [email protected]
  12. PLAINTIFF'S MOTION TO DISMISS IS GRANTED. THE CASE IS DISMISSED WITHOUT PREJUDICE AT PLAINTIFF'S COSTS. FINAL. COURT COST 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
  13. CERTIFIED MAIL RECEIPT NO. 56023006 RETURNED 02/25/2025 FAILURE OF SERVICE ON DEFENDANT JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF ERIN K. KELLEY (IF ANY) - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  14. MOTION TO DISMISS FILED MOTION TO DISMISS PLAINTIFF'S CLAIMS UNDER RULE 41(A)(2)
  15. USPS RECEIPT NO. 56047887 DELIVERED BY USPS 02/20/2025 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN PROCESSED BY COC 02/26/2025.
  16. CERTIFIED MAIL RECEIPT NO. 56023006 RETURNED 2/25/2025 FAILURE OF SERVICE ON DEFENDANT JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF ERIN K. KELLEY (IF ANY) - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  17. CERTIFIED MAIL RECEIPT NO. 56023005 RETURNED 2/25/2025 FAILURE OF SERVICE ON DEFENDANT KELLEY/ERIN/K - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  18. ANSWER FILED BY D4 CITY OF LAKEWOOD ATTORNEY KIM M HAMMOND 0062572 DEFENDANT, CITY OF LAKEWOOD'S ANSWER
  19. USPS RECEIPT NO. 56047888 DELIVERED BY USPS 02/12/2025 CITY OF LAKEWOOD PROCESSED BY COC 02/19/2025.
  20. USPS RECEIPT NO. 56047886 DELIVERED BY USPS 02/12/2025 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN PROCESSED BY COC 02/19/2025.
  21. USPS RECEIPT NO. 56023007 DELIVERED BY USPS 02/10/2025 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN PROCESSED BY COC 02/19/2025.
  22. USPS RECEIPT NO. 56023008 DELIVERED BY USPS 02/07/2025 CITY OF LAKEWOOD PROCESSED BY COC 02/12/2025.
  23. 56047889 ON 02/08/2025 I SERVED THE WITHIN NAMED KELLEY/ERIN/K. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  24. 56047890 ON 02/08/2025 I SERVED THE WITHIN NAMED JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF ERIN K. KELLEY (IF ANY) BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  25. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  26. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  27. SUMS COMPLAINT(56047888) SENT BY CERTIFIED MAIL. TO: CITY OF LAKEWOOD ATTENTION: LEGAL DEPARTMENT 12605 DETROIT AVENUE LAKEWOOD, OH 44107
  28. SUMS COMPLAINT(56047887) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN C/O THE U.S. ATTORNEY GENERAL 950 PENNSYLVANIA AVENUE, NW WASHINGTON, DC 20530-0000
  29. SUMS COMPLAINT(56047886) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN C/O US ATTY FOR THE NORTHERN DIST 801 WEST SUPERIOR AVENUE SUITE 400 CLEVELAND, OH 44113
  30. SUMS COMPLAINT(56047885) SENT BY CERTIFIED MAIL. TO: JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF ERIN K. KELLEY (IF ANY) 1326 BONNIEVIEW AVENUE LAKEWOOD, OH 44107
  31. SUMS COMPLAINT(56047884) SENT BY CERTIFIED MAIL. TO: ERIN K. KELLEY 1326 BONNIEVIEW AVENUE LAKEWOOD, OH 44107
  32. SUMS COMPLAINT(56047890) SENT BY SPECIAL PROCESS SERVER. TO: JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF ERIN K. KELLEY (IF ANY) 1326 BONNIEVIEW AVENUE LAKEWOOD, OH 44107
  33. SUMS COMPLAINT(56047889) SENT BY SPECIAL PROCESS SERVER. TO: ERIN K. KELLEY 1326 BONNIEVIEW AVENUE LAKEWOOD, OH 44107
  34. SUMMONS E-FILE COPY COST
  35. SUMMONS E-FILE COPY COST
  36. SUMMONS E-FILE COPY COST
  37. SUMMONS E-FILE COPY COST
  38. WRIT FEE
  39. WRIT FEE
  40. WRIT FEE
  41. WRIT FEE
  42. WRIT FEE
  43. SUMMONS E-FILE COPY COST
  44. SUMMONS E-FILE COPY COST
  45. SUMMONS E-FILE COPY COST
  46. WRIT FEE
  47. WRIT FEE
  48. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  49. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE
  50. SUMS COMPLAINT(56023008) SENT BY CERTIFIED MAIL. TO: CITY OF LAKEWOOD ATTENTION: LEGAL DEPARTMENT 12605 DETROIT AVENUE LAKEWOOD, OH 44107
  51. SUMS COMPLAINT(56023007) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN C/O US ATTY FOR THE NORTHERN DIST 801 WEST SUPERIOR AVENUE SUITE 400 CLEVELAND, OH 44113
  52. SUMS COMPLAINT(56023006) SENT BY CERTIFIED MAIL. TO: JOHN DOE, NAME UNKNOWN, THE UNKNOWN SPOUSE OF ERIN K. KELLEY (IF ANY) 1326 BONNIEVIEW AVENUE LAKEWOOD, OH 44107
  53. SUMS COMPLAINT(56023005) SENT BY CERTIFIED MAIL. TO: ERIN K KELLEY 1326 BONNIEVIEW AVENUE LAKEWOOD, OH 44107
  54. SUMMONS E-FILE COPY COST
  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. 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
  63. MAGISTRATE GINA LUNSFORD ASSIGNED (RANDOM)
  64. 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
  65. JUDGE JOY KENNEDY ASSIGNED (RANDOM); RE-FILED CASE, REASSIGNED TO ORIGINAL JUDGE, JUDGE STEVEN E GALL
  66. JUDGE JOY KENNEDY ASSIGNED (RANDOM)
  67. SPECIAL PROJECTS FUND FEE
  68. LEGAL RESEARCH
  69. LEGAL NEWS
  70. LEGAL AID
  71. COMPUTER FEE
  72. CLERK'S FEE
  73. DEPOSIT AMOUNT PAID ANN M JOHNSON
  74. DEPOSIT AMOUNT PAID ANN M JOHNSON

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