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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-28
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 111 entries

Parties

Plaintiff Hsbc Bank Usa, National Association, As Trustee For Opteum Mortgage Acceptance Corporation, Asset Backed Pass Through Certificates, Series 2005 1
Defendant Emma Jean Ford|John Or Jane Doe, Unknown Spouse, If Any, Of Emma Jean Ford
Photo of Hon. Ashley Kilbane

Judge

Hon. Ashley Kilbane

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. TO COURT: 02/19/2026 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR OPTEUM MORTGAGE ACCEPTANCE CORPORATION, ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-1 ........................................................................................... FOR $10,000.00 DATE OF SALE 10/20/2025 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  3. JUDGMENT ENTRY(58921393) SENT BY REGULAR MAIL SERVICE. TO: EMMA JEAN FORD 11103 KINSMAN ROAD APT 201 CLEVELAND, OH 44104-0000
  4. JUDGMENT ENTRY(58921392) SENT BY EMAIL. TO: ROBERT R. HOOSE [email protected]
  5. JUDGMENT ENTRY(58921391) SENT BY EMAIL. TO: ROBERT R. HOOSE [email protected]
  6. JUDGMENT ENTRY(58921390) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  7. JUDGMENT ENTRY(58921389) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  8. DECREE OF CONFIRMATION (Parcel(s) #11017143) 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR OPTEUM MORTGAGE ACCEPTANCE CORPORATION, ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-1 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
  9. OOS ORDER OF SALE RETURNED 10/24/2025, SOLD DATE 10/20/2025 SOLD TO: HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR OPTEUM MORTGAGE ACCEPTANCE CORPORATION, ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-1 FOR $10,000.00
  10. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $677.40 PREPAID TO LEGAL NEWS.
  11. RECORDER'S FEE $1.00
  12. CERTIFICATE OF TITLE $387.00 PAY TO THE LAW OFFICES OF JOHN D. CLUNK
  13. NOTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 10/20/2025 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 10/20/2025 IT WILL BE RE-OFFERED ON 11/03/2025 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: VERNON A. BLAZE, APPRAISAL COST: $51.54 REGULAR FEE AND MILEAGE. WAYNE F LEVERING, APPRAISAL COST: $50 REGULAR FEE. LANA BLAZE, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-25-112851 DATED THIS 16th DAY OF SEPTEMBER, 2025 NOTICE ISSUED NOTICE ISSUED
  14. NOTICE FILED BY P1 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR OPTEUM MORTGAGE ATTORNEY ROBERT R. HOOSE 0074544 NOTICE OF SHERIFF'S SALE
  15. OOS LAND APPRAISAL FILED
  16. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 110-17-143
  17. JUDGMENT ENTRY(58022225) SENT BY REGULAR MAIL SERVICE. TO: EMMA JEAN FORD 11103 KINSMAN ROAD APT 201 CLEVELAND, OH 44104-0000
  18. REAL AUCTION
  19. DEPOSIT AMOUNT PAID ROBERT R. HOOSE
  20. PRAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE
  21. JUDGMENT ENTRY(58022224) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  22. JUDGMENT ENTRY(58022223) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  23. ORDER ADOPTING MAGISTRATE'S DECISION AND DECREE OF FORECLOSURE. ORDER SEE JOURNAL. FINAL. 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
  24. MAGISTRATE'S DECISION(57634603) SENT BY REGULAR MAIL SERVICE. TO: EMMA JEAN FORD 11103 KINSMAN ROAD APT 201 CLEVELAND, OH 44104-0000
  25. MAGISTRATE'S DECISION(57634602) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  26. MAGISTRATE'S DECISION(57634601) SENT BY EMAIL. TO: TED A HUMBERT [email protected]
  27. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  28. MOTION FOR DEFAULT JUDGMENT, FILED 06/10/2025, IS GRANTED. P1 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR OPTEUM MORTGAGE'S MOTION FOR JUDGMENT ON THE PLEADINGS. TED A HUMBERT 0022307, FILED 06/10/2025, IS GRANTED. NOTICE ISSUED
  29. CASE CALLED FOR HEARING. ONLY PLAINTIFF APPEARED THROUGH COUNSEL. NO COURT REPORTER, BUT DIGITALLY RECORDED. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. MAGISTRATE'S DECISION TO ISSUE. NOTICE ISSUED
  30. NOTICE FILED BY P1 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR OPTEUM MORTGAGE ATTORNEY TED A HUMBERT 0022307 NOTICE OF HEARING
  31. TELEPHONE DEFAULT HEARING SET FOR 07/23/2025 AT 09:15 AM. THE CASE IS SET FOR TELEPHONE DEFAULT HEARING. 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 14 DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. NOTICE ISSUED
  32. 56578322 ON 04/11/2025 THE WITHIN NAMED JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF EMMA JEAN FORD WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  33. 56578321 ON 04/11/2025 THE WITHIN NAMED FORD/EMMA /JEAN WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  34. GENERAL PLEADING FILED BY P1 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR OPTEUM MORTGAGE ATTORNEY TED A HUMBERT 0022307 FINAL JUDICIAL REPORT
  35. P1 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR OPTEUM MORTGAGE'S MOTION FOR JUDGMENT ON THE PLEADINGS. TED A HUMBERT 0022307
  36. MOTION FOR DEFAULT JUDGMENT
  37. AFFIDAVIT FILED BY P1 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR OPTEUM MORTGAGE ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF COUNSEL
  38. AFFIDAVIT FILED BY P1 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR OPTEUM MORTGAGE ATTORNEY TED A HUMBERT 0022307 MILITARY AFFIDAVIT NATURAL PERSON DEFENDANTS
  39. AFFIDAVIT FILED BY P1 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR OPTEUM MORTGAGE ATTORNEY TED A HUMBERT 0022307 AFFIDAVIT OF NON-MILITARY STATUS
  40. CERTIFIED MAIL RECEIPT NO. 56860078 RETURNED 05/16/2025 FAILURE OF SERVICE ON DEFENDANT JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF EMMA JEAN FORD - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  41. 56863583 ON 05/06/2025 I SERVED THE WITHIN NAMED FORD/EMMA /JEAN BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  42. 56863584 ON 05/06/2025 I SERVED THE WITHIN NAMED JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF EMMA JEAN FORD BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  43. SUMS COMPLAINT(57027497) SENT BY REGULAR MAIL SERVICE. TO: JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF EMMA JEAN FORD 11103 KINSMAN ROAD, APT. 201 CLEVELAND, OH 44104-0000 ANSWER DATE: 06/17/2025
  44. SUMS COMPLAINT(57027496) SENT BY REGULAR MAIL SERVICE. TO: EMMA JEAN FORD 11103 KINSMAN ROAD, APT. 201 CLEVELAND, OH 44104-0000 ANSWER DATE: 06/17/2025
  45. SUMMONS E-FILE COPY COST
  46. SUMMONS E-FILE COPY COST
  47. WRIT FEE
  48. WRIT FEE
  49. REQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY ORIGINAL MAIL
  50. CERTIFIED MAIL RECEIPT NO. 56860077 RETURNED 5/16/2025 FAILURE OF SERVICE ON DEFENDANT FORD/EMMA /JEAN - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  51. CERTIFIED MAIL RECEIPT NO. 56860078 RETURNED 5/16/2025 FAILURE OF SERVICE ON DEFENDANT JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF EMMA JEAN FORD - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  52. ANSWER OF EMMA JEAN FORD . PRO SE (9999999)
  53. SUMS COMPLAINT(56860078) SENT BY CERTIFIED MAIL. TO: JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF EMMA JEAN FORD 11103 KINSMAN ROAD CLEVELAND, OH 44104-0000
  54. SUMS COMPLAINT(56860077) SENT BY CERTIFIED MAIL. TO: EMMA JEAN FORD 11103 KINSMAN ROAD CLEVELAND, OH 44104-0000
  55. SUMS COMPLAINT(56863584) SENT BY SPECIAL PROCESS SERVER. TO: JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF EMMA JEAN FORD 11103 KINSMAN ROAD, APT. 201 CLEVELAND, OH 44104-0000
  56. SUMS COMPLAINT(56863583) SENT BY SPECIAL PROCESS SERVER. TO: EMMA JEAN FORD 11103 KINSMAN ROAD, APT. 201 CLEVELAND, OH 44104-0000
  57. SUMMONS E-FILE COPY COST
  58. SUMMONS E-FILE COPY COST
  59. WRIT FEE
  60. WRIT FEE
  61. SUMMONS E-FILE COPY COST
  62. SUMMONS E-FILE COPY COST
  63. WRIT FEE
  64. WRIT FEE
  65. REQUEST FOR SERVICE FILED REQUEST FOR PROCESS SERVICE
  66. REQUEST FOR SERVICE FILED REQUEST FOR CERTIFIED MAIL
  67. SUMS COMPLAINT(56578322) SENT BY SPECIAL PROCESS SERVER. TO: JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF EMMA JEAN FORD 11103 KINSMAN ROAD CLEVELAND, OH 44104-0000
  68. SUMS COMPLAINT(56578321) SENT BY SPECIAL PROCESS SERVER. TO: EMMA JEAN FORD 11103 KINSMAN ROAD CLEVELAND, OH 44104-0000
  69. SUMMONS E-FILE COPY COST
  70. SUMMONS E-FILE COPY COST
  71. WRIT FEE
  72. WRIT FEE
  73. REQUEST FOR SERVICE FILED REQUEST FOR SERVICE BY PROCESS SERVICE
  74. CERTIFIED MAIL RECEIPT NO. 56241886 RETURNED 03/04/2025 FAILURE OF SERVICE ON DEFENDANT JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF EMMA JEAN FORD - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  75. CERTIFIED MAIL RECEIPT NO. 56241887 RETURNED 03/19/2025 FAILURE OF SERVICE ON DEFENDANT JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF EMMA JEAN FORD - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  76. CERTIFIED MAIL RECEIPT NO. 56241885 RETURNED 03/19/2025 FAILURE OF SERVICE ON DEFENDANT FORD/EMMA /JEAN - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  77. SUMS COMPLAINT(56445446) SENT BY REGULAR MAIL SERVICE. TO: JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF EMMA JEAN FORD 11103 KINSMAN ROAD CLEVELAND, OH 44104-0000 ANSWER DATE: 04/18/2025
  78. SUMS COMPLAINT(56445445) SENT BY REGULAR MAIL SERVICE. TO: EMMA JEAN FORD 11103 KINSMAN ROAD CLEVELAND, OH 44104-0000 ANSWER DATE: 04/18/2025
  79. SUMMONS E-FILE COPY COST
  80. SUMMONS E-FILE COPY COST
  81. WRIT FEE
  82. WRIT FEE
  83. REQUEST FOR SERVICE FILED REQUEST FOR ORDINARY MAIL
  84. CERTIFIED MAIL RECEIPT NO. 56241887 RETURNED 3/19/2025 FAILURE OF SERVICE ON DEFENDANT JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF EMMA JEAN FORD - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  85. CERTIFIED MAIL RECEIPT NO. 56241885 RETURNED 3/19/2025 FAILURE OF SERVICE ON DEFENDANT FORD/EMMA /JEAN - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  86. CERTIFIED MAIL RECEIPT NO. 56241884 RETURNED 3/4/2025 FAILURE OF SERVICE ON DEFENDANT FORD/EMMA /JEAN - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  87. CERTIFIED MAIL RECEIPT NO. 56241886 RETURNED 3/4/2025 FAILURE OF SERVICE ON DEFENDANT JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF EMMA JEAN FORD - VACANT NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  88. SUMS COMPLAINT(56241887) SENT BY CERTIFIED MAIL. TO: JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF EMMA JEAN FORD 11103 KINSMAN ROAD CLEVELAND, OH 44104-0000
  89. SUMS COMPLAINT(56241886) SENT BY CERTIFIED MAIL. TO: JOHN OR JANE DOE, UNKNOWN SPOUSE, IF ANY, OF EMMA JEAN FORD 895 EAST 130TH STREET CLEVELAND, OH 44108
  90. SUMS COMPLAINT(56241885) SENT BY CERTIFIED MAIL. TO: EMMA JEAN FORD 11103 KINSMAN ROAD CLEVELAND, OH 44104-0000
  91. SUMS COMPLAINT(56241884) SENT BY CERTIFIED MAIL. TO: EMMA JEAN FORD 895 EAST 130TH STREET CLEVELAND, OH 44108
  92. 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
  93. MAGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  94. 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
  95. SUMMONS E-FILE COPY COST
  96. SUMMONS E-FILE COPY COST
  97. SUMMONS E-FILE COPY COST
  98. WRIT FEE
  99. WRIT FEE
  100. WRIT FEE
  101. SUMMONS E-FILE COPY COST
  102. WRIT FEE
  103. JUDGE ASHLEY KILBANE ASSIGNED (RANDOM)
  104. SPECIAL PROJECTS FUND FEE
  105. LEGAL RESEARCH
  106. LEGAL NEWS
  107. LEGAL AID
  108. COMPUTER FEE
  109. CLERK'S FEE
  110. DEPOSIT AMOUNT PAID TED A HUMBERT
  111. DEPOSIT AMOUNT PAID TED A HUMBERT

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