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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 90 entries

Parties

Plaintiff The Huntington National Bank
Defendant Kelly C Mcduffie|John Doe Real Name Unknown, Unknown Spouse If Any Of Kelly C Mcduff|Mountainview Investments, Llc (intervenor)
Photo of Hon. STEVEN E GALL

Judge

Hon. STEVEN E GALL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST, SERVICE REQUEST
  2. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO PAY FOR PROPERTY
  3. NOTICE OF APPEARANCE, FILED ROBERT N PELUNIS 0070888. NOTICE OF APPEARANCE OF COUNSEL FOR PURCHASER AT AUCTION
  4. MOTION FILED FOR P1 THE HUNTINGTON NATIONAL BANK ERIC T DEIGHTON 0071456 MOTION TO VACATE SALE
  5. JUDGMENT ENTRY(58735485) SENT BY REGULAR MAIL SERVICE. TO: JOHN DOE REAL NAME UNKNOWN, UNKNOWN SPOUSE IF ANY OF KELLY C MCDUFF 5678 PRESCOTT COURT CHARLOTTE, NC 28269
  6. JUDGMENT ENTRY(58735484) SENT BY REGULAR MAIL SERVICE. TO: KELLY C MCDUFFIE 13925 HATHAWAY ROAD GARFIELD HEIGHTS, OH 44125-0000
  7. JUDGMENT ENTRY(58735483) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  8. JUDGMENT ENTRY(58735482) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  9. DECREE OF CONFIRMATION (Parcel(s) #54330073) 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 MOUNTVIEW INVESTMENTS, LLC 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
  10. PLAINTIFF'S MOTION TO AMEND MAGISTRATE'S DECISION AND ORDER ADOPTING MAGISTRATE'S DECISION IS DEEMED A MOTION TO AMEND ORDER ADOPTING MAGISTRATE'S DECISION NUNC PRO TUNC AND IS GRANTED. THE COURT'S 8/18/25 ORDER ADOPTING MAGISTRATE'S DECISION IS AMENDED TO REMOVE THE PERSONAL JUDGMENT ENTERED AGAINST DEFENDANT KELLY C. MCDUFFIE, AS THE DEFENDANT OBTAINED A DISCHARGE IN HER CHAPTER 7 BANKRUPTCY CASE ON 11/20/24. THE REMAINDER OF THE 8/18/25 ORDER ADOPTING MAGISTRATE'S DECISION REMAINS UNCHANGED. NOTICE ISSUED
  11. OOS ORDER OF SALE RETURNED 10/24/2025, SOLD DATE 10/20/2025 SOLD TO: MOUNTVIEW INVESTMENTS, LLC FOR $123,600.00
  12. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $653.85 PREPAID TO LEGAL NEWS.
  13. NOTICE FILED BY P1 THE HUNTINGTON NATIONAL BANK ATTORNEY JAMES L SASSANO 0062253 NOTICE THAT REIMBURSEMENT FOR ADVANCES WILL NOT BE SOUGHT
  14. NOTICE FILED BY P1 THE HUNTINGTON NATIONAL BANK ATTORNEY JAMES L SASSANO 0062253 NOTICE OF SALE
  15. RECORDER'S FEE $1.00
  16. CERTIFICATE OF TITLE $726.00 PAY TO ULRICH, SASSANO, DEIGHTON, DELANEY & HIGGINS CO., L.P.A. F
  17. MOTION FILED FOR P1 THE HUNTINGTON NATIONAL BANK JAMES L SASSANO 0062253 MOTION TO AMEND MAGISTRATE'S DECISION AND ORDER ADOPTING
  18. NOTICE FILED BY P1 THE HUNTINGTON NATIONAL BANK ATTORNEY JAMES L SASSANO 0062253 NOTICE OF SUBMISSION OF PROPOSED AMENDED MAGISTRATE'S DECISION AND ORDER ADOPTING AMENDED MAGISTRATE'S DECISION
  19. 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: JOHN KOZ, APPRAISAL COST: $53.06 REGULAR FEE AND MILEAGE. EDWARD D HORTON, APPRAISAL COST: $50 REGULAR FEE. RUTH A LASSITER, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-25-112901 DATED THIS 16th DAY OF SEPTEMBER, 2025 NOTICE ISSUED NOTICE ISSUED
  20. OOS LAND APPRAISAL FILED
  21. ORDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 543-30-073
  22. REAL AUCTION
  23. DEPOSIT AMOUNT PAID JAMES L SASSANO
  24. PRAECIPE FOR ORDER OF SALE $820 ORDER OF SALE
  25. JUDGMENT ENTRY(57865143) SENT BY REGULAR MAIL SERVICE. TO: JOHN DOE REAL NAME UNKNOWN, UNKNOWN SPOUSE IF ANY OF KELLY C MCDUFF 5678 PRESCOTT COURT CHARLOTTE, NC 28269
  26. JUDGMENT ENTRY(57865142) SENT BY REGULAR MAIL SERVICE. TO: KELLY C MCDUFFIE 13925 HATHAWAY ROAD GARFIELD HEIGHTS, OH 44125-0000
  27. JUDGMENT ENTRY(57865141) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  28. JUDGMENT ENTRY(57865140) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  29. ORDER ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. NOTICE ISSUED
  30. MAGISTRATE'S DECISION(57634278) SENT BY REGULAR MAIL SERVICE. TO: KELLY C MCDUFFIE 13925 HATHAWAY ROAD GARFIELD HEIGHTS, OH 44125-0000
  31. MAGISTRATE'S DECISION(57634276) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  32. MAGISTRATE'S DECISION(57634272) SENT BY EMAIL. TO: JAMES L SASSANO [email protected]
  33. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  34. NOTICE FILED BY P1 THE HUNTINGTON NATIONAL BANK ATTORNEY JAMES L SASSANO 0062253 NOTICE OF FILING APJR
  35. TELEPHONE DEFAULT HEARING HELD BY MAGISTRATE ON 7/10/25. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS CONDITIONALLY GRANTED. PLAINTIFF IS ORDERED TO SUBMIT, WITHIN FOURTEEN (14) DAYS OF THE DATE OF THIS ORDER, AN AMENDED PRELIMINARY JUDICIAL REPORT THAT BRINGS PLAINTIFF INTO COMPLIANCE WITH LOC.R. 24(A). THE AMENDED TITLE REPORT MUST BE FILED AND DOCKETED WITH THE CLERK OF COURT. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE. THE MAGISTRATE'S DECISION WILL BE HELD IN ABEYANCE PENDING PLAINTIFF'S COMPLIANCE WITH THIS ORDER. NOTICE ISSUED
  36. NOTICE FILED BY P1 THE HUNTINGTON NATIONAL BANK ATTORNEY JAMES L SASSANO 0062253 NOTICE OF DEFAULT HEARING
  37. TELEPHONE DEFAULT HEARING SET FOR 07/10/2025 AT 09:45 AM. ANY CASE 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. FAILURE OF THE MOVING PARTY TO ATTEND THE HEARING WILL RESULT IN THE DISMISSAL WITHOUT PREJUDICE OF ANY AFFIRMATIVE CLAIMS FOR RELIEF. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  38. TELEPHONE DEFAULT HEARING NOT HELD BY MAGISTRATE ON 5/30/25, AS PLAINTIFF FAILED TO SUBMIT A NOTICE OF HEARING. THE HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT WILL BE RE-SCHEDULED BY SEPARATE ORDER. NOTICE ISSUED
  39. PLAINTIFF'S MOTION FOR LEAVE TO FILE A MOTION FOR DEFAULT JUDGMENT IS GRANTED. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, SUBMITTED 4/29/25, IS DEEMED PROPERLY FILED. NOTICE ISSUED
  40. MOTION FILED FOR P1 THE HUNTINGTON NATIONAL BANK JAMES L SASSANO 0062253 MOTION FOR LEAVE TO FILE A MOTION FOR DEFAULT JUDGMENT
  41. A REVIEW OF THE RECORD REVEALS THAT ON 4/29/25, THE COURT ORDERED PLAINTIFF TO SHOW CAUSE, WITHIN SEVEN DAYS OF THE DATE OF THE ORDER, AS TO WHY ITS COMPLAINT SHOULD NOT BE DISMISSED WITHOUT PREJUDICE FOR PLAINTIFF'S FAILURE TO COMPLY WITH THE COURT'S 4/7/25 DISPOSITIVE MOTION ORDER. THE COURT'S 4/29/25 ORDER ALSO CLEARLY STATED THAT SIMPLY FILING THE REQUIRED ITEMS, WITHOUT DIRECTLY RESPONDING TO THE COURT'S SHOW CAUSE ORDER AND SEEKING LEAVE TO FILE THE UNTIMELY ITEMS RESULT IN THE STRIKING OF THE ITEMS FROM THE CASE RECORD. ON 4/29/25, PLAINTIFF FILED THE ITEMS REQUIRED BY THE COURT'S 4/7/25 DISPOSITIVE MOTION ORDER, AND ON 4/30/25 FILED A RESPONSE TO THE COURT'S SHOW CAUSE ORDER. PLAINTIFF'S RESPONSE RECOGNIZED THAT THE FILING OF A MOTION FOR LEAVE TO FILE THE UNTIMELY ITEMS WOULD HAVE BEEN APPROPRIATE, BUT THE RECORD FAILS TO REFLECT THAT PLAINTIFF ACTUALLY FILED SUCH A MOTION. AS PLAINTIFF ITSELF RECOGNIZED THE NECESSITY OF A MOTION FOR LEAVE AND AS THE COURT'S 4/29/25 ORDER MADE THE FILING OF SUCH A MOTION A REQUIREMENT, PLAINTIFF IS ORDERED TO SUBMIT, ON OR BEFORE 5/5/25, A MOTION FOR LEAVE TO FILE THE ITEMS REQUIRED BY COURT'S 4/7/25 DISPOSITIVE MOTION ORDER. THE MOTION FOR LEAVE MUST BE FILED AND DOCKETED WITH THE CLERK OF COURT. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE STRIKING OF THE ITEMS FILED BY PLAINTIFF ON 4/29/25 (IN RESPONSE TO THE COURT'S 4/7/25 ORDER) AND DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE. THE COURT WILL NOT ENTERTAIN ANY MOTIONS SEEKING ADDITIONAL TIME TO COMPLY WITH THIS ORDER. NOTICE ISSUED
  42. NOTICE FILED BY P1 THE HUNTINGTON NATIONAL BANK ATTORNEY JAMES L SASSANO 0062253 NOTICE OF SHOWING OF CAUSE
  43. TELEPHONE DEFAULT HEARING SET FOR 05/30/2025 AT 11:30 AM. ANY CASE 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. FAILURE OF THE MOVING PARTY TO ATTEND THE HEARING WILL RESULT IN THE DISMISSAL WITHOUT PREJUDICE OF ANY AFFIRMATIVE CLAIMS FOR RELIEF. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  44. A REVIEW OF THE DOCKET REVEALS THAT ON 4/7/25, THE COURT ORDERED PLAINTIFF TO SUBMIT, WITHIN TWENTY (20) DAYS OF THE DATE OF THE ORDER, ANY DISPOSITIVE MOTIONS NECESSARY TO PROSECUTE ITS CLAIMS OR THE COMPLAINT WOULD BE DISMISSED WITHOUT PREJUDICE. AS OF THE DATE OF THIS ORDER, PLAINTIFF FAILED TO COMPLY WITH THE COURT'S 4/7/25 DISPOSITIVE MOTION ORDER. PLAINTIFF IS ORDERED TO SHOW CAUSE, WITHIN SEVEN (7) DAYS OF THE DATE OF THIS ORDER, AS TO WHY ITS COMPLAINT SHOULD NOT BE DISMISSED WITHOUT PREJUDICE FOR PLAINTIFF'S FAILURE TO COMPLY WITH THE COURT'S 4/7/25 ORDER. PLAINTIFF'S RESPONSE MUST BE FILED AND DOCKETED WITH THE CLERK OF COURT (SIMPLY FILING THE DOCUMENTS REQUIRED BY THE COURT'S 4/7/25 ORDER, WITHOUT FIRST DIRECTLY RESPONDING TO THIS ORDER AND SEEKING LEAVE TO FILE THE UNTIMELY DOCUMENTS, WILL RESULT IN THE STRIKING OF THE DOCUMENTS AND DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE). FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE. NOTICE ISSUED
  45. AFFIDAVIT FILED BY P1 THE HUNTINGTON NATIONAL BANK ATTORNEY JAMES L SASSANO 0062253 MILITARY AFFIDAVIT
  46. AFFIDAVIT FILED BY P1 THE HUNTINGTON NATIONAL BANK ATTORNEY JAMES L SASSANO 0062253 AFFIDAVIT OF JAMES L. SASSANO
  47. NOTICE FILED BY P1 THE HUNTINGTON NATIONAL BANK ATTORNEY JAMES L SASSANO 0062253 NOTICE OF FILING OF FJR
  48. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT
  49. NOTICE FILED BY P1 THE HUNTINGTON NATIONAL BANK ATTORNEY JAMES L SASSANO 0062253 NOTICE OF SUBMISSION OF PROPOSED MAGISTRATE'S DECISION AND ORDER ADOPTING MAGISTRATE'S DECISION
  50. CERTIFIED MAIL RECEIPT NO. 56255307 RETURNED 4/15/2025 FAILURE OF SERVICE ON DEFENDANT MCDUFFIE/KELLY/C - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  51. A REVIEW OF THE DOCKET REVEALS THAT PLAINTIFF HAS PERFECTED SERVICE ON ALL DEFENDANTS. PLAINTIFF IS ORDERED TO SUBMIT, WITHIN TWENTY (20) DAYS OF THE DATE OF THIS ORDER, ANY DISPOSITIVE MOTIONS NECESSARY TO PROSECUTE THE CASE, UPDATED TITLEWORK, AND ANY NECESSARY AFFIDAVITS. FAILURE TO COMPLY WILL RESULT IN DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE. NOTICE ISSUED
  52. USPS RECEIPT NO. 56255309 DELIVERED BY USPS 03/18/2025 JOHN DOE REAL NAME UNKNOWN, UNKNOWN SPOUSE IF ANY OF KELLY C MCDUFF PROCESSED BY COC 03/26/2025.
  53. 56255311 ON 03/07/2025 I SERVED THE WITHIN NAMED MCDUFFIE/KELLY/C BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  54. 56255310 ON 03/07/2025 I SERVED THE WITHIN NAMED JOHN DOE REAL NAME UNKNOWN, UNKNOWN SPOUSE IF ANY OF KELLY C MCDUFF BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  55. NOTICE OF SUMMONS SERVICE RETURN FILED
  56. NOTICE OF SUMMONS SERVICE RETURN FILED
  57. CERTIFIED MAIL RECEIPT NO. 56255308 RETURNED 3/6/2025 FAILURE OF SERVICE ON DEFENDANT MCDUFFIE/KELLY/C - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  58. CERTIFIED MAIL RECEIPT NO. 56255312 RETURNED 3/6/2025 FAILURE OF SERVICE ON DEFENDANT JOHN DOE REAL NAME UNKNOWN, UNKNOWN SPOUSE IF ANY OF KELLY C MCDUFF - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  59. A REVIEW OF THE DOCKET REVEALS PLAINTIFF FILED A COMPLAINT ON 2/28/25, AND SERVICE HAS NOT YET BEEN PERFECTED. PLAINTIFF IS ORDERED TO PERFECT SERVICE PURSUANT TO CIV.R. 4(E), OR THE PLEADING WILL BE DISMISSED WITHOUT PREJUDICE. NOTICE ISSUED
  60. SUMS COMPLAINT(56255312) SENT BY CERTIFIED MAIL. TO: JOHN DOE REAL NAME UNKNOWN, UNKNOWN SPOUSE IF ANY OF KELLY C MCDUFF 1392I HATHAWAY ROAD GARFIELD HEIGHTS, OH 44125-0000
  61. SUMS COMPLAINT(56255309) SENT BY CERTIFIED MAIL. TO: JOHN DOE REAL NAME UNKNOWN, UNKNOWN SPOUSE IF ANY OF KELLY C MCDUFF 5678 PRESCOTT COURT CHARLOTTE, NC 28269
  62. SUMS COMPLAINT(56255308) SENT BY CERTIFIED MAIL. TO: KELLY C MCDUFFIE 13925 HATHAWAY ROAD GARFIELD HEIGHTS, OH 44125-0000
  63. SUMS COMPLAINT(56255307) SENT BY CERTIFIED MAIL. TO: KELLY C MCDUFFIE 5678 PRESCOTT COURT CHARLOTTE, NC 28269
  64. SUMS COMPLAINT(56255311) SENT BY SPECIAL PROCESS SERVER. TO: KELLY C MCDUFFIE 13925 HATHAWAY ROAD GARFIELD HEIGHTS, OH 44125-0000
  65. SUMS COMPLAINT(56255310) SENT BY SPECIAL PROCESS SERVER. TO: JOHN DOE REAL NAME UNKNOWN, UNKNOWN SPOUSE IF ANY OF KELLY C MCDUFF 1392I HATHAWAY ROAD GARFIELD HEIGHTS, OH 44125-0000
  66. SUMMONS E-FILE COPY COST
  67. SUMMONS E-FILE COPY COST
  68. SUMMONS E-FILE COPY COST
  69. SUMMONS E-FILE COPY COST
  70. SUMMONS E-FILE COPY COST
  71. SUMMONS E-FILE COPY COST
  72. WRIT FEE
  73. WRIT FEE
  74. WRIT FEE
  75. WRIT FEE
  76. WRIT FEE
  77. WRIT FEE
  78. 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
  79. MAGISTRATE CHRISTOPHER DAY ASSIGNED (RANDOM)
  80. 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
  81. FIELD SERVICE REPRESENTATIVE OR OTHER CONTACT: NAME DEE SMITH NUMBER 2163607200
  82. JUDGE STEVEN E GALL ASSIGNED (RANDOM)
  83. SPECIAL PROJECTS FUND FEE
  84. LEGAL RESEARCH
  85. LEGAL NEWS
  86. LEGAL AID
  87. COMPUTER FEE
  88. CLERK'S FEE
  89. DEPOSIT AMOUNT PAID JAMES L SASSANO
  90. DEPOSIT AMOUNT PAID JAMES L SASSANO

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