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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-01-20
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 51 entries

Parties

Plaintiff Fifth Third Bank, National Association Jr Fka Fifth Third Bank Successor By Merger To Fifth Third Bank (northwestern Ohio) Successor By Merger To Fifth Third Bank (northeastern Ohio)
Defendant Elmore Washington Jr|Teresa Washington|Cuyahoga County Treasurer
Photo of Hon. Jennifer O'donnell

Judge

Hon. Jennifer O'donnell

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST, SERVICE REQUEST, SERVICE REQUEST, PRELIMINARY JUDICIAL REPORT
  2. CASE CALLED BY MAGISTRATE FOR DEFAULT HEARING BY TELEPHONE. NEITHER COUNSEL FOR PLAINTIFF NOR COUNSEL FOR DEFENDANT APPEARED. HOWEVER, DEFENDANT ELMORE WASHINGTON, JR. DID PARTICIPATE. THE FACT OF THE PAYOFF OF THE UNDERLYING FINANCIAL OBLIGATION HAS BEEN COMPLETED WAS DISCUSSED. THERE BEING NO NOTICE OF DISMISSAL ON THE DOCKET, THE PLAINTIFF IS ORDERED TO FILE A NOTICE OF VOLUNTARY DISMISSAL OR TO SHOW CAUSE WHY THE CASE SHOULD NOT BE DISMISSED. SUCH NOTICE MUST BE FILED ON OR BEFORE 9-23-25. FAILURE TO FILE SUCH A NOTICE WILL RESULT IN A DISMISSAL OF ALL CLAIMS WITHOUT PREJUDICE AS TO RE-FILING. NOTICE ISSUED
  3. NOTICE FILED BY D1 ELMORE WASHINGTON ATTORNEY KEN RUBENSTEIN 0055638 NOTIFICATION OF PAYOFF OF THE DEBT
  4. TELEPHONE DEFAULT HEARING SET FOR 09/16/2025 AT 01:15 PM. ANY PARTY MAY APPEAR AT THE TELEPHONE HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  5. CASE CALLED BY MAGISTRATE FOR DEFAULT HEARING. PARTICIPATING WERE COUNSEL FOR PLAINTIFF AND COUNSEL FOR DEFENDANT TERESA WASHINGTON. COUNSEL FOR DEFENDANT INDICATES THAT A PAYMENT WAS MADE TO PLAINTIFF APPROXIMATELY ONE MONTH AGO TO LIQUIDATE THE BALANCE DUE ON THE LOAN. COUNSEL FOR PLAINTIFF HAS NO EVIDENCE OF SAME. THE HEARING IS CONTINUED AND WILL BE RESCHEDULED BY SEPARATE ORDER. NO LATER THAN 9-5-25, COUNSEL FOR DEFENDANT IS ORDERED TO FILE WITH THE CLERK OF COURTS SOME EVIDENCE OF THE PAYMENT ALLEGED TO HAVE BEEN REMITTED TO THE PLAINTIFF. NOTICE ISSUED
  6. NOTICE FILED BY P1 FIFTH THIRD BANK, NATIONAL ASSOCIATION ATTORNEY ROBERT H YOUNG 0036743 NOTICE OF TELEPHONE HEARING ON MOTION FOR DEFAULT JUDGMENT
  7. TELEPHONE DEFAULT HEARING SET FOR 08/19/2025 AT 01:45 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
  8. AFFIDAVIT FILED BY P1 FIFTH THIRD BANK, NATIONAL ASSOCIATION ATTORNEY ROBERT H YOUNG 0036743 ATTORNEY AFFIDAVIT
  9. AFFIDAVIT FILED BY P1 FIFTH THIRD BANK, NATIONAL ASSOCIATION ATTORNEY ROBERT H YOUNG 0036743 MILITARY AFFIDAVIT
  10. AFFIDAVIT FILED BY P1 FIFTH THIRD BANK, NATIONAL ASSOCIATION ATTORNEY ROBERT H YOUNG 0036743 AFFIDAVIT IN SUPPORT OF JUDGMENT
  11. NOTICE FILED BY P1 FIFTH THIRD BANK, NATIONAL ASSOCIATION ATTORNEY ROBERT H YOUNG 0036743 NOTICE OF FILING OF SUPPLEMENTAL FINAL JUDICIAL REPORT
  12. NOTICE FILED BY P1 FIFTH THIRD BANK, NATIONAL ASSOCIATION ATTORNEY ROBERT H YOUNG 0036743 NOTICE OF FILING OF FINAL JUDICIAL REPORT
  13. MOTION FOR SUMMARY JUDGMENT FILED PLAINTIFFS MOTION FOR SUMMARY JUDGMENT 10/06/2025 - UNKNOWN
  14. MOTION FOR DEFAULT JUDGMENT PLAINTIFFS MOTION FOR DEFAULT JUDGMENT 10/06/2025 - UNKNOWN
  15. ANSWER FILED BY D3 CUYAHOGA COUNTY TREASURER ATTORNEY NATHAN PLUTO 0093257 CUYAHOGA COUNTY TREASURER
  16. USPS RECEIPT NO. 55909990 DELIVERED BY USPS 02/05/2025 WASHINGTON/TERESA/ PROCESSED BY COC 02/12/2025.
  17. ANSWER FILED BY D2 TERESA WASHINGTON ATTORNEY KEN RUBENSTEIN 0055638 ANSWER
  18. USPS RECEIPT NO. 55909989 DELIVERED BY USPS 01/27/2025 WASHINGTON JR/ELMORE/ PROCESSED BY COC 02/05/2025.
  19. 55910285 ON 01/24/2025 I SERVED THE WITHIN NAMED WASHINGTON/TERESA/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  20. 55910284 ON 01/24/2025 I SERVED THE WITHIN NAMED WASHINGTON JR/ELMORE/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  21. NOTICE OF SUMMONS SERVICE RETURN FILED
  22. NOTICE OF SUMMONS SERVICE RETURN FILED
  23. CLERK ISSUED VIA HAND DELIVERY RETURNED 01/24/2025 - CUYAHOGA COUNTY TREASURER - COMPLETED 01/24/2025 0.00
  24. SUMS COMPLAINT(55909990) SENT BY CERTIFIED MAIL. TO: TERESA WASHINGTON 1912 STAUNTON RD CLEVELAND HEIGHTS, OH 44118
  25. SUMS COMPLAINT(55909989) SENT BY CERTIFIED MAIL. TO: ELMORE WASHINGTON JR 1912 STAUNTON RD CLEVELAND HEIGHTS, OH 44118
  26. SUMS COMPLAINT(55909991) SENT BY CLERK ISSUED VIA HAND DELIVERY. TO: CUYAHOGA COUNTY TREASURER 2079 EAST 9TH ST. CLEVELAND, OH 44113
  27. SUMS COMPLAINT(55910285) SENT BY SPECIAL PROCESS SERVER. TO: TERESA WASHINGTON 1912 STAUNTON RD CLEVELAND HEIGHTS, OH 44118
  28. SUMS COMPLAINT(55910284) SENT BY SPECIAL PROCESS SERVER. TO: ELMORE WASHINGTON JR 1912 STAUNTON RD CLEVELAND HEIGHTS, OH 44118
  29. SUMMONS E-FILE COPY COST
  30. SUMMONS E-FILE COPY COST
  31. WRIT FEE
  32. WRIT FEE
  33. SUMMONS E-FILE COPY COST
  34. SUMMONS E-FILE COPY COST
  35. SUMMONS E-FILE COPY COST
  36. WRIT FEE
  37. WRIT FEE
  38. WRIT FEE
  39. GENERAL PLEADING FILED BY P1 FIFTH THIRD BANK, NATIONAL ASSOCIATION ATTORNEY ROBERT H YOUNG 0036743 PRELIMINARY JUDICIAL REPORT
  40. 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
  41. MAGISTRATE DEAN K HEGYES ASSIGNED (MANUALLY)
  42. 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
  43. JUDGE JENNIFER O'DONNELL ASSIGNED (RANDOM)
  44. SPECIAL PROJECTS FUND FEE
  45. LEGAL RESEARCH
  46. LEGAL NEWS
  47. LEGAL AID
  48. COMPUTER FEE
  49. CLERK'S FEE
  50. DEPOSIT AMOUNT PAID ROBERT H YOUNG
  51. DEPOSIT AMOUNT PAID ROBERT H YOUNG

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