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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-03-28
Status ACTIVE
Type Foreclosure Marsh. Of Lien
Docket 52 entries

Parties

Plaintiff U.s. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee For Rcaf Acquisition Trust
Defendant Bapi, Llc Registered Agent: Streeter And Petropouleas, Llc|Brian Altmann
Photo of Hon. William F B Vodrey

Judge

Hon. William F B Vodrey

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST, SERVICE REQUEST, PRELIMINARY JUDICIAL REPORT, PRELIMINARY JUDICIAL REPORT
  2. MAGISTRATE'S DECISION(59789032) SENT BY EMAIL. TO: MATHEW E. DONEY [email protected]
  3. MAGISTRATE'S DECISION(59789031) SENT BY EMAIL. TO: MATHEW E. DONEY [email protected]
  4. MAGISTRATE'S DECISION(59789030) SENT BY EMAIL. TO: JONATHAN PATRICK LEE ZIGA [email protected]
  5. MAGISTRATE'S DECISION(59789029) SENT BY EMAIL. TO: JONATHAN PATRICK LEE ZIGA [email protected]
  6. MAGISTRATE'S DECISION(59789028) SENT BY EMAIL. TO: DANIEL A COX [email protected]
  7. MAGISTRATE'S DECISION(59789027) SENT BY EMAIL. TO: DANIEL A COX [email protected]
  8. MAGISTRATE'S DECISION AND DISMISSAL OF BRIAN ALTMANN WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  9. DEFAULT HEARING HELD BY MAGISTRATE. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, FILED 12/23/2025, IS GRANTED. MAGISTRATE'S DECISION TO FOLLOW. NOTICE ISSUED
  10. NOTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY DANIEL A COX 0076469 FJR
  11. NOTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY DANIEL A COX 0076469 NOH
  12. AFFIDAVIT FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY DANIEL A COX 0076469 EXECUTED REVISED JUDGEMENT AFFIDAVIT
  13. TELEPHONE DEFAULT HEARING SET FOR 02/05/2026 AT 02:20 PM. ANY PARTY MAY APPEAR AT THE TELEPHONE HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. NOTICE ISSUED
  14. NOTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY DANIEL A COX 0076469 NOF PROPOSED JE
  15. NOTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY DANIEL A COX 0076469 NOF MAG DEC
  16. AFFIDAVIT FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY DANIEL A COX 0076469 ATTORNEY AFF
  17. NOTICE FILED BY P1 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY ATTORNEY DANIEL A COX 0076469 FJR
  18. MOTION FOR DEFAULT JUDGMENT MDJ
  19. ANSWER FILED BY D2 BRIAN ALTMANN ATTORNEY MATHEW E. DONEY 0093845 ANSWER OF DEFENDANT BRIAN ALTMANN
  20. NOTICE OF APPEARANCE, FILED D2 BRIAN ALTMANN MATHEW E. DONEY 0093845. NOTICE OF APPEARANCE
  21. CERTIFIED MAIL RECEIPT NO. 56515420 RETURNED 04/19/2025 FAILURE OF SERVICE ON DEFENDANT ALTMANN/BRIAN/ - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  22. 56515418 ON 04/22/2025 I SERVED THE WITHIN NAMED ALTMANN/BRIAN/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  23. 56515417 ON 04/11/2025 I SERVED THE WITHIN NAMED BAPI, LLC BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  24. NOTICE OF SUMMONS SERVICE RETURN FILED
  25. NOTICE OF SUMMONS SERVICE RETURN FILED
  26. CERTIFIED MAIL RECEIPT NO. 56515420 RETURNED 4/19/2025 FAILURE OF SERVICE ON DEFENDANT ALTMANN/BRIAN/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  27. USPS RECEIPT NO. 56515419 DELIVERED BY USPS 04/03/2025 BAPI, LLC PROCESSED BY COC 04/09/2025.
  28. SUMS COMPLAINT(56515420) SENT BY CERTIFIED MAIL. TO: BRIAN ALTMANN 8670 MESQUITE HILLS ST LAS VEGAS, NV 89139
  29. SUMS COMPLAINT(56515419) SENT BY CERTIFIED MAIL. TO: BAPI, LLC 10883 PEARL RD SUITE 101 STRONGSVILLE, OH 44136
  30. 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
  31. MAGISTRATE PAUL LUCAS ASSIGNED (MANUALLY)
  32. 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
  33. SUMS COMPLAINT(56515418) SENT BY SPECIAL PROCESS SERVER. TO: BRIAN ALTMANN 8670 MESQUITE HILLS ST LAS VEGAS, NV 89139
  34. SUMS COMPLAINT(56515417) SENT BY SPECIAL PROCESS SERVER. TO: BAPI, LLC 10883 PEARL RD SUITE 101 STRONGSVILLE, OH 44136
  35. SUMMONS E-FILE COPY COST
  36. WRIT FEE
  37. SUMMONS E-FILE COPY COST
  38. SUMMONS E-FILE COPY COST
  39. SUMMONS E-FILE COPY COST
  40. WRIT FEE
  41. WRIT FEE
  42. WRIT FEE
  43. JUDGE CARL J MAZZONE ASSIGNED (RANDOM); RE-FILED CASE, REASSIGNED TO ORIGINAL JUDGE, JUDGE WILLIAM F. B. VODREY
  44. JUDGE CARL J MAZZONE ASSIGNED (RANDOM)
  45. SPECIAL PROJECTS FUND FEE
  46. LEGAL RESEARCH
  47. LEGAL NEWS
  48. LEGAL AID
  49. COMPUTER FEE
  50. CLERK'S FEE
  51. DEPOSIT AMOUNT PAID DANIEL A COX
  52. DEPOSIT AMOUNT PAID DANIEL A COX

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