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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-01-29
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 80 entries

Parties

Plaintiff Midfirst Bank
Defendant Dale A. Reiss|Kristi Reiss|The United States Of America, The Secretary Of Housing And Urban Development|Capital One, National Association Fka Capital One Bank Usa Na|Portfolio Recovery Associates Llc
Photo of Hon. KEVIN J KELLEY

Judge

Hon. KEVIN J KELLEY

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT
  2. 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
  3. THE COURT HAS BEEN INFORMED OF PENDING BANKRUPTCY CASE NO. 25-11244, FILED 03/26/25. ALL PROCEEDINGS IN THIS ACTION ARE HEREBY STAYED. CASE TO BE REINSTATED ONLY UPON MOTION. FINAL. NOTICE ISSUED
  4. TELEPHONE CONFERENCE SCHEDULED FOR 04/22/2025 AT 02:45 PM IS CANCELLED.
  5. NOTICE FILED BY D1 DALE A. REISS ATTORNEY LEE R KRAVITZ 0025634 NOTICE OF AUTOMATIC STAY
  6. A TELEPHONE PRETRIAL IS SET IN THIS CASE FOR 04/22/25 AT 2:45 PM. ATTORNEYS AND SELF REPRESENTED PARTIES ARE TO CALL 216-443-8505 AT LEAST TEN MINUTES PRIOR TO THE CONFERENCE. NOTICE ISSUED
  7. TELEPHONE CONFERENCE SET FOR 04/22/2025 AT 02:45 PM.
  8. AFFIDAVIT FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 AFFIDAVIT OF ANN MARIE JOHNSON
  9. GENERAL PLEADING FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 CIVIL RULE 26 INITIAL DISCLOSURES
  10. ANSWER FILED BY DEFENDANT(S) DALE A. REISS(D1) and KRISTI REISS(D2) ATTORNEY LEE R KRAVITZ 0025634 ANSWER TO COMPLAINT
  11. AFFIDAVIT FILED BY P1 MIDFIRST BANK ATTORNEY ANN M JOHNSON 0072981 AFFIDAVIT OF ANN MARIE JOHNSON
  12. USPS RECEIPT NO. 55988474 DELIVERED BY USPS 02/06/2025 PORTFOLIO RECOVERY ASSOCIATES LLC PROCESSED BY COC 02/12/2025.
  13. USPS RECEIPT NO. 55988473 DELIVERED BY USPS 02/06/2025 CAPITAL ONE, NATIONAL ASSOCIATION PROCESSED BY COC 02/12/2025.
  14. USPS RECEIPT NO. 55988472 DELIVERED BY USPS 02/04/2025 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN PROCESSED BY COC 02/12/2025.
  15. USPS RECEIPT NO. 55988471 DELIVERED BY USPS 02/07/2025 REISS/KRISTI/ PROCESSED BY COC 02/12/2025.
  16. USPS RECEIPT NO. 55988470 DELIVERED BY USPS 02/07/2025 REISS/DALE/A. PROCESSED BY COC 02/12/2025.
  17. USPS RECEIPT NO. 55976887 DELIVERED BY USPS 02/03/2025 PORTFOLIO RECOVERY ASSOCIATES LLC PROCESSED BY COC 02/12/2025.
  18. USPS RECEIPT NO. 55976886 DELIVERED BY USPS 02/03/2025 CAPITAL ONE, NATIONAL ASSOCIATION PROCESSED BY COC 02/12/2025.
  19. USPS RECEIPT NO. 55976885 DELIVERED BY USPS 02/05/2025 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN PROCESSED BY COC 02/12/2025.
  20. USPS RECEIPT NO. 55976884 DELIVERED BY USPS 02/04/2025 THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN PROCESSED BY COC 02/12/2025.
  21. USPS RECEIPT NO. 55976882 DELIVERED BY USPS 02/03/2025 REISS/DALE/A. PROCESSED BY COC 02/12/2025.
  22. USPS RECEIPT NO. 55976883 DELIVERED BY USPS 02/03/2025 REISS/KRISTI/ PROCESSED BY COC 02/12/2025.
  23. PURSUANT TO CIV. R. 4(E) AND THE COURT'S STANDING CASE MANAGEMENT DIRECTIVE, PLAINTIFF MUST PERFECT SERVICE ON ITS COMPLAINT ON OR BEFORE 07/29/2025 OR SHOW CAUSE WHY IT HAS FAILED TO DO SO. FAILURE TO COMPLY WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  24. SUMS COMPLAINT(55988474) SENT BY CERTIFIED MAIL. TO: PORTFOLIO RECOVERY ASSOCIATES LLC C/O CORPORATION SERVICE COMPANY, RA 1160 DUBLIN ROAD, SUITE 400 COLUMBUS, OH 43215
  25. SUMS COMPLAINT(55988473) SENT BY CERTIFIED MAIL. TO: CAPITAL ONE, NATIONAL ASSOCIATION C/O CORPORATION SERVICE COMPANY, RA 1160 DUBLIN ROAD, SUITE 400 COLUMBUS, OH 43215
  26. SUMS COMPLAINT(55988472) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN C/O THE U.S. ATTORNEY FOR THE NORTH 801 WEST SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113
  27. SUMS COMPLAINT(55988471) SENT BY CERTIFIED MAIL. TO: KRISTI REISS 425 CANTERBURY ROAD BAY VILLAGE, OH 44140
  28. SUMS COMPLAINT(55988470) SENT BY CERTIFIED MAIL. TO: DALE A. REISS 425 CANTERBURY ROAD BAY VILLAGE, OH 44140
  29. 55979301 ON 02/01/2025 I SERVED THE WITHIN NAMED REISS/KRISTI/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  30. 55979300 ON 02/01/2025 I SERVED THE WITHIN NAMED REISS/DALE/A. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  31. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  32. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  33. SUMMONS E-FILE COPY COST
  34. SUMMONS E-FILE COPY COST
  35. SUMMONS E-FILE COPY COST
  36. SUMMONS E-FILE COPY COST
  37. WRIT FEE
  38. WRIT FEE
  39. WRIT FEE
  40. WRIT FEE
  41. SUMMONS E-FILE COPY COST
  42. WRIT FEE
  43. SUMS COMPLAINT(55976887) SENT BY CERTIFIED MAIL. TO: PORTFOLIO RECOVERY ASSOCIATES LLC C/O CORPORATION SERVICE COMPANY, RA 1160 DUBLIN ROAD, SUITE 400 COLUMBUS, OH 43215
  44. SUMS COMPLAINT(55976886) SENT BY CERTIFIED MAIL. TO: CAPITAL ONE, NATIONAL ASSOCIATION C/O CORPORATION SERVICE COMPANY, RA 1160 DUBLIN ROAD, SUITE 400 COLUMBUS, OH 43215
  45. SUMS COMPLAINT(55976885) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN C/O U.S. ATTORNEY GENERAL 950 PENNSYLVANIA AVENUE, NW WASHINGTON, DC 20530-0000
  46. SUMS COMPLAINT(55976884) SENT BY CERTIFIED MAIL. TO: THE UNITED STATES OF AMERICA, THE SECRETARY OF HOUSING AND URBAN C/O THE US ATTY FOR THE N DISTRICT 801 WEST SUPERIOR AVENUE, SUITE 400 CLEVELAND, OH 44113-0000
  47. SUMS COMPLAINT(55976883) SENT BY CERTIFIED MAIL. TO: KRISTI REISS 425 CANTERBURY ROAD BAY VILLAGE, OH 44140
  48. SUMS COMPLAINT(55976882) SENT BY CERTIFIED MAIL. TO: DALE A. REISS 425 CANTERBURY ROAD BAY VILLAGE, OH 44140
  49. SUMS COMPLAINT(55979301) SENT BY SPECIAL PROCESS SERVER. TO: KRISTI REISS 425 CANTERBURY ROAD BAY VILLAGE, OH 44140
  50. SUMS COMPLAINT(55979300) SENT BY SPECIAL PROCESS SERVER. TO: DALE A. REISS 425 CANTERBURY ROAD BAY VILLAGE, OH 44140
  51. SUMMONS E-FILE COPY COST
  52. SUMMONS E-FILE COPY COST
  53. WRIT FEE
  54. WRIT FEE
  55. SUMMONS E-FILE COPY COST
  56. SUMMONS E-FILE COPY COST
  57. SUMMONS E-FILE COPY COST
  58. SUMMONS E-FILE COPY COST
  59. SUMMONS E-FILE COPY COST
  60. SUMMONS E-FILE COPY COST
  61. WRIT FEE
  62. WRIT FEE
  63. WRIT FEE
  64. WRIT FEE
  65. WRIT FEE
  66. WRIT FEE
  67. 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
  68. MAGISTRATE AMY R JACKSON ASSIGNED (MANUALLY)
  69. 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
  70. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE PRIVATE PROCESS SERVER
  71. REQUEST FOR SERVICE FILED PRAECIPE FOR SERVICE CERTIFIED MAIL
  72. JUDGE KEVIN J KELLEY ASSIGNED (RANDOM)
  73. SPECIAL PROJECTS FUND FEE
  74. LEGAL RESEARCH
  75. LEGAL NEWS
  76. LEGAL AID
  77. COMPUTER FEE
  78. CLERK'S FEE
  79. DEPOSIT AMOUNT PAID ANN M JOHNSON
  80. DEPOSIT AMOUNT PAID ANN M JOHNSON

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