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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-01-17
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 126 entries

Parties

Plaintiff Citizens Bank, Na
Defendant Unknown Heirs Etc.charles R. Davis, Jr. Aka Charles Richard Davis, Jr., Aka Charles Davis|Unknown Tenants Occupants If Any, Of|Preston Dwayne Davis|The Unknown Spouse, If Any, Of Preston Dwayne Davis|State Of Ohio Department Of Taxation|Ford Motor Credit Company, Llc Fka Ford Motor Credit Company C/o Statutory Agent
Photo of Hon. SHANNON M GALLAGHER

Judge

Hon. SHANNON M GALLAGHER

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT W PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. CLERK TO HOLD SALE FUNDS FOR COST AND OR FUTURE ORDER OF THE COURT $41,473.00
  3. DEPOSIT AMOUNT PAID SHERIFF
  4. DEPOSIT REQUIRED FOR COSTS TO CLERK $1,986.86 SHERIFF
  5. TO COURT: 02/19/2026 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: NAFISAH ALIM ........................................................................................... FOR $66,700.00 DATE OF SALE 09/15/2025 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  6. CASE CALLED FOR HEARING ON PLAINTIFF'S MOTION TO VACATE SHERIFF'S SALE. THE PURCHASER REPORTS THAT SHE HAS PAID THE BALANCE OF THE PURCHASE PRICE TO THE SHERIFF. PLAINTIFF'S REQUEST TO WITHDRAW THE MOTION IS GRANTED. THE MOTION IS DEEMED WITHDRAWN. NOTICE ISSUED
  7. HEARING SET FOR 01/20/2026 AT 09:00 AM. CASE IS SET FOR HEARING ON PLAINTIFF'S MOTION TO VACATE SHERIFF'S SALE. IF PLAINTIFF'S COUNSEL WOULD LIKE TO ATTEND THIS HEARING BY PHONE, PLAINTIFF'S COUNSEL MAY DO SO BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME. A COPY OF THIS ORDER WAS MAILED TO THE SHERIFF'S SALE PURCHASER NOTICE ISSUED
  8. MOTION TO VACATE $30.00 JOHNA M BELLA (0034567) MOTION TO VACATE SHERIFF'S SALE AND FORFEITURE OF SALE DEPOSIT AND OTHER RELIEF
  9. DEPOSIT AMOUNT PAID JOHNA M BELLA
  10. REGULAR MAIL SERVICE RECEIPT NO. 58453333 RETURNED 11/03/2025 FAILURE OF SERVICE ON DEFENDANT THE UNKNOWN SPOUSE, IF ANY, OF PRESTON DWAYNE DAVIS ATTEMPTED NOT KNOWN NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  11. REGULAR MAIL SERVICE RECEIPT NO. 58453332 RETURNED 11/03/2025 FAILURE OF SERVICE ON DEFENDANT DAVIS/PRESTON/DWAYNE ATTEMPTED NOT KNOWN NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  12. REGULAR MAIL SERVICE RECEIPT NO. 58415977 RETURNED 10/27/2025 FAILURE OF SERVICE ON DEFENDANT THE UNKNOWN SPOUSE, IF ANY, OF PRESTON DWAYNE DAVIS NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  13. REGULAR MAIL SERVICE RECEIPT NO. 58415981 RETURNED 10/27/2025 FAILURE OF SERVICE ON DEFENDANT DAVIS/PRESTON/DWAYNE NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  14. JUDGMENT ENTRY(58453334) SENT BY REGULAR MAIL SERVICE. TO: FORD MOTOR CREDIT COMPANY, LLC CT CORPORATION SYSTEM 4400 EASTON COMMONS WAY SUITE 125 COLUMBUS, OH 43219
  15. JUDGMENT ENTRY(58453333) SENT BY REGULAR MAIL SERVICE. TO: THE UNKNOWN SPOUSE, IF ANY, OF PRESTON DWAYNE DAVIS 5975 LEHMAN DRIVE BEDFORD HEIGHTS, OH 44146
  16. JUDGMENT ENTRY(58453332) SENT BY REGULAR MAIL SERVICE. TO: PRESTON DWAYNE DAVIS 5975 LEHMAN DRIVE BEDFORD HEIGHTS, OH 44146
  17. JUDGMENT ENTRY(58453331) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN TENANTS OCCUPANTS IF ANY, OF 15815 LOTUS DRIVE CLEVELAND, OH 44128
  18. JUDGMENT ENTRY(58453329) SENT BY EMAIL. TO: AMY KELLER KAUFMAN [email protected]
  19. JUDGMENT ENTRY(58453328) SENT BY EMAIL. TO: JOHNA M BELLA [email protected]
  20. DECREE OF CONFIRMATION (Parcel(s) #14103087) 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 NAFISAH ALIM 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. 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. PURSUANT TO CIV.R. 58(B). NOTICE ISSUED
  21. JUDGMENT ENTRY(58415981) SENT BY REGULAR MAIL SERVICE. TO: PRESTON DWAYNE DAVIS 5975 LEHMAN DRIVE BEDFORD HEIGHTS, OH 44146
  22. JUDGMENT ENTRY(58415980) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN TENANTS OCCUPANTS IF ANY, OF 15815 LOTUS DRIVE CLEVELAND, OH 44128
  23. JUDGMENT ENTRY(58415978) SENT BY REGULAR MAIL SERVICE. TO: FORD MOTOR CREDIT COMPANY, LLC CT CORPORATION SYSTEM 4400 EASTON COMMONS WAY SUITE 125 COLUMBUS, OH 43219
  24. JUDGMENT ENTRY(58415977) SENT BY REGULAR MAIL SERVICE. TO: THE UNKNOWN SPOUSE, IF ANY, OF PRESTON DWAYNE DAVIS 5975 LEHMAN DRIVE BEDFORD HEIGHTS, OH 44146
  25. JUDGMENT ENTRY(58415976) SENT BY EMAIL. TO: JOHNA M BELLA [email protected]
  26. JUDGMENT ENTRY(58415975) SENT BY EMAIL. TO: AMY KELLER KAUFMAN [email protected]
  27. THE MOTION OF PLAINTIFF TO AMEND DISTRIBUTION IS GRANTED. OSJ NOTICE ISSUED
  28. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $724.50 PREPAID TO LEGAL NEWS.
  29. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 AFFIDAVIT IN SUPPORT OF MOTION TO AMEND ORDER OF DISTRIBUTION
  30. MOTION FILED FOR P1 CITIZENS BANK, NA JOHNA M BELLA 0034567 MOTION TO AMEND ORDER OF DISTRIBUTION
  31. OOS ORDER OF SALE RETURNED 9/17/2025, SOLD DATE 9/15/2025 SOLD TO: NAFISAH ALIM FOR $66,700.00
  32. RECORDER'S FEE $1.00
  33. CERTIFICATE OF TITLE $310.00 PAY TO CITIZENS BANK, NA
  34. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF SHERIFF'S SALE
  35. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 09/15/2025 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 09/15/2025 IT WILL BE RE-OFFERED ON 09/29/2025 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 ANDREWS, APPRAISAL COST: $51.94 REGULAR FEE AND MILEAGE. BRENT T. BAILEY, APPRAISAL COST: $50 REGULAR FEE. RUTH A LASSITER, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-25-110480 DATED THIS 12th DAY OF AUGUST, 2025 NOTICE ISSUED NOTICE ISSUED
  36. OOS LAND APPRAISAL FILED
  37. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 141-03-087
  38. REAL AUCTION
  39. DEPOSIT AMOUNT PAID JOHNA M BELLA
  40. PRAECIPE FOR ORDER OF SALE $820
  41. JUDGMENT ENTRY(57528938) SENT BY REGULAR MAIL SERVICE. TO: PRESTON DWAYNE DAVIS 5975 LEHMAN DRIVE BEDFORD HEIGHTS, OH 44146
  42. JUDGMENT ENTRY(57528937) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN TENANTS OCCUPANTS IF ANY, OF 15815 LOTUS DRIVE CLEVELAND, OH 44128
  43. JUDGMENT ENTRY(57528935) SENT BY REGULAR MAIL SERVICE. TO: FORD MOTOR CREDIT COMPANY, LLC CT CORPORATION SYSTEM 4400 EASTON COMMONS WAY SUITE 125 COLUMBUS, OH 43219
  44. JUDGMENT ENTRY(57528934) SENT BY REGULAR MAIL SERVICE. TO: THE UNKNOWN SPOUSE, IF ANY, OF PRESTON DWAYNE DAVIS 5975 LEHMAN DRIVE BEDFORD HEIGHTS, OH 44146
  45. JUDGMENT ENTRY(57528933) SENT BY EMAIL. TO: JOHNA M BELLA [email protected]
  46. JUDGMENT ENTRY(57528932) SENT BY EMAIL. TO: AMY KELLER KAUFMAN [email protected]
  47. JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
  48. REGULAR MAIL SERVICE RECEIPT NO. 57252981 RETURNED 06/30/2025 FAILURE OF SERVICE ON DEFENDANT THE UNKNOWN SPOUSE, IF ANY, OF PRESTON DWAYNE DAVIS ATTEMPTED NOT KNOWN NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  49. REGULAR MAIL SERVICE RECEIPT NO. 57252984 RETURNED 06/30/2025 FAILURE OF SERVICE ON DEFENDANT DAVIS/PRESTON/DWAYNE ATTEMPTED NOT KNOWN NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  50. MAGISTRATE'S DECISION(57252984) SENT BY REGULAR MAIL SERVICE. TO: PRESTON DWAYNE DAVIS 5975 LEHMAN DRIVE BEDFORD HEIGHTS, OH 44146
  51. MAGISTRATE'S DECISION(57252983) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN TENANTS OCCUPANTS IF ANY, OF 15815 LOTUS DRIVE CLEVELAND, OH 44128
  52. MAGISTRATE'S DECISION(57252982) SENT BY REGULAR MAIL SERVICE. TO: FORD MOTOR CREDIT COMPANY, LLC CT CORPORATION SYSTEM 4400 EASTON COMMONS WAY SUITE 125 COLUMBUS, OH 43219
  53. MAGISTRATE'S DECISION(57252981) SENT BY REGULAR MAIL SERVICE. TO: THE UNKNOWN SPOUSE, IF ANY, OF PRESTON DWAYNE DAVIS 5975 LEHMAN DRIVE BEDFORD HEIGHTS, OH 44146
  54. MAGISTRATE'S DECISION(57252980) SENT BY EMAIL. TO: JOHNA M BELLA [email protected]
  55. MAGISTRATE'S DECISION(57252979) SENT BY EMAIL. TO: AMY KELLER KAUFMAN [email protected]
  56. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  57. 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
  58. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 ATTORNEY AFFIDAVIT
  59. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  60. TELEPHONE DEFAULT HEARING SET FOR 06/11/2025 AT 03:00 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
  61. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF FILING PROPOSED JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION
  62. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 AFFIDAVIT AND ACKNOWLEGEMENT OF STATUS OF MORTGAGE LOAN ACCOUNT
  63. NOTICE FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 NOTICE OF FILING FINAL JUDICIAL REPORT
  64. AFFIDAVIT FILED BY P1 CITIZENS BANK, NA ATTORNEY JOHNA M BELLA 0034567 AFFIDAVIT AS TO MILITARY SERVICE
  65. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT
  66. USPS RECEIPT NO. 56502620 DELIVERED BY USPS 04/01/2025 FORD MOTOR CREDIT COMPANY, LLC PROCESSED BY COC 04/09/2025.
  67. CERTIFIED MAIL NUMBER 55933998 ADDRESSED TO FORD MOTOR CREDIT COMPANY, LLC(D6) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  68. SUMS COMPLAINT(56502620) SENT BY CERTIFIED MAIL. TO: FORD MOTOR CREDIT COMPANY, LLC CT CORPORATION SYSTEM 4400 EASTON COMMONS WAY SUITE 125 COLUMBUS, OH 43219
  69. SUMMONS E-FILE COPY COST
  70. WRIT FEE
  71. REQUEST FOR SERVICE FILED CERTIFIED MAIL SERVICE REQUEST
  72. LEGAL NEWS ABSTRACT
  73. PROOF OF PUBLICATION FILED - LEGAL NEWS FEE ($779.00) $250.00
  74. PRE-PAID PORTION OF SERVICE PUBLICATION FEE $529.00
  75. CERTIFIED MAIL RECEIPT NO. 55933994 RETURNED 2/20/2025 FAILURE OF SERVICE ON DEFENDANT UNKNOWN TENANTS OCCUPANTS IF ANY, OF - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  76. ANSWER FILED BY D5 STATE OF OHIO DEPARTMENT OF TAXATION ATTORNEY AMY KELLER KAUFMAN 0073837 THE STATE OF OHIO DEPARTMENT OF TAXATION
  77. USPS RECEIPT NO. 55933997 DELIVERED BY USPS 02/03/2025 STATE OF OHIO DEPARTMENT OF TAXATION PROCESSED BY COC 02/12/2025.
  78. USPS RECEIPT NO. 55933996 DELIVERED BY USPS 01/31/2025 THE UNKNOWN SPOUSE, IF ANY, OF PRESTON DWAYNE DAVIS PROCESSED BY COC 02/05/2025.
  79. USPS RECEIPT NO. 55933995 DELIVERED BY USPS 01/31/2025 DAVIS/PRESTON/DWAYNE PROCESSED BY COC 02/05/2025.
  80. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $64.00
  81. 55934582 ON 02/03/2025 I SERVED THE WITHIN NAMED UNKNOWN TENANTS OCCUPANTS IF ANY, OF BY LEAVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON.
  82. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $48.00
  83. 55934581 ON 01/30/2025 I SERVED THE WITHIN NAMED DAVIS/PRESTON/DWAYNE BY LEAVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON.
  84. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $43.00
  85. 55934580 ON 01/30/2025 I SERVED THE WITHIN NAMED THE UNKNOWN SPOUSE, IF ANY, OF PRESTON DWAYNE DAVIS BY LEAVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON.
  86. SHERIFF SERVICE PACKET D4 THE UNKNOWN SPOUSE, IF ANY, OF PRESTON DWAYNE DAVIS
  87. SHERIFF SERVICE PACKET D3 PRESTON DWAYNE DAVIS
  88. SHERIFF SERVICE PACKET D2 UNKNOWN TENANTS OCCUPANTS IF ANY, OF
  89. SUMS COMPLAINT(55933998) SENT BY CERTIFIED MAIL. TO: FORD MOTOR CREDIT COMPANY, LLC CT CORPORATION SYSTEM 4400 EASTON COMMONS WAY SUITE 125 COLUMBUS, OH 43219
  90. SUMS COMPLAINT(55933997) SENT BY CERTIFIED MAIL. TO: STATE OF OHIO DEPARTMENT OF TAXATION 150 EAST GAY STREET 21ST FLOOR COLUMBUS, OH 43215
  91. SUMS COMPLAINT(55933996) SENT BY CERTIFIED MAIL. TO: THE UNKNOWN SPOUSE, IF ANY, OF PRESTON DWAYNE DAVIS 5975 LEHMAN DRIVE BEDFORD HEIGHTS, OH 44146
  92. SUMS COMPLAINT(55933995) SENT BY CERTIFIED MAIL. TO: PRESTON DWAYNE DAVIS 5975 LEHMAN DRIVE BEDFORD HEIGHTS, OH 44146
  93. SUMS COMPLAINT(55933994) SENT BY CERTIFIED MAIL. TO: UNKNOWN TENANTS OCCUPANTS IF ANY, OF 15815 LOTUS DRIVE CLEVELAND, OH 44128
  94. SUMS COMPLAINT(55934582) SENT BY CUYAHOGA SHERIFF SERVICE. TO: UNKNOWN TENANTS OCCUPANTS IF ANY, OF 15815 LOTUS DRIVE CLEVELAND, OH 44128
  95. SUMS COMPLAINT(55934581) SENT BY CUYAHOGA SHERIFF SERVICE. TO: PRESTON DWAYNE DAVIS 5975 LEHMAN DRIVE BEDFORD HEIGHTS, OH 44146
  96. SUMS COMPLAINT(55934580) SENT BY CUYAHOGA SHERIFF SERVICE. TO: THE UNKNOWN SPOUSE, IF ANY, OF PRESTON DWAYNE DAVIS 5975 LEHMAN DRIVE BEDFORD HEIGHTS, OH 44146
  97. WRIT FEE
  98. SUMMONS E-FILE COPY COST
  99. SUMMONS E-FILE COPY COST
  100. SUMMONS E-FILE COPY COST
  101. WRIT FEE
  102. WRIT FEE
  103. SUMMONS E-FILE COPY COST
  104. SUMMONS E-FILE COPY COST
  105. SUMMONS E-FILE COPY COST
  106. SUMMONS E-FILE COPY COST
  107. SUMMONS E-FILE COPY COST
  108. WRIT FEE
  109. WRIT FEE
  110. WRIT FEE
  111. WRIT FEE
  112. WRIT FEE
  113. 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
  114. MAGISTRATE STEPHEN M BUCHA ASSIGNED (MANUALLY)
  115. 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
  116. DEPOSIT AMOUNT PAID JOHNA M BELLA
  117. AFFIDAVIT SERVICE BY PUBLICATION, FORECLOSURE $250
  118. JUDGE SHANNON M GALLAGHER ASSIGNED (RANDOM)
  119. SPECIAL PROJECTS FUND FEE
  120. LEGAL RESEARCH
  121. LEGAL NEWS
  122. LEGAL AID
  123. COMPUTER FEE
  124. CLERK'S FEE
  125. DEPOSIT AMOUNT PAID JOHNA M BELLA
  126. DEPOSIT AMOUNT PAID JOHNA M BELLA

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