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Case Information
Filed
2025-03-10
Status
ACTIVE
Type
Foreclosure Marsh. Of Lien
Docket
41 entries
Parties
Plaintiff
Onslow Bay Financial Llc
Defendant
Zulma C. Castro De Barrientos|Unk Spouse, If Any, Of Zulma C. Castro De Barrientos|Castro Barrientos
Lawyers
Docket Entries
- LAINTIFF'S MOTION TO REINSTATE MATTER TO THE ACTIVE DOCKET FILED ON 8/5/25 IS MOOT AS THE WITHIN CASE WAS NEVER STAYED BY THE COURT. THE WITHIN MATTER WAS ALWAYS ACTIVE. PLAINTIFF HAS UPDATED THE COURT REGARDING LOSS MITIGATION INDICATING THAT IT HAS FAILED. PLAINTIFF HAS UNTIL 8/20/25 TO FILE OR SUBMIT THE DOCUMENTS LISTED BELOW OR THIS CASE MAY BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. 1. MOTION FOR DEFAULT JUDGMENT 2. AFFIDAVIT WITH REGARD TO MILITARY SERVICE 3. A PROPOSED MAGISTRATE'S DECISION 4. UPDATED TITLE WORK 5. AN ATTORNEY'S AFFIDAVIT THAT FULLY COMPLIES WITH THE COURT'S STANDING ORDERS AS OUTLINED ON THE COUNTY WEBSITE 6. A PROPOSED ADOPTION ORDER NOTICE ISSUED
- OTION FILED FOR P1 ONSLOW BAY FINANCIAL LLC F. PETER COSTELLO 0076112 MOTION TO REINSTATE MATTER TO ACTIVE DOCKET
- LAINTIFF'S MOTION FOR STAY FILED ON 7/21/25 IS DENIED. RATHER, THE COURT DOES THE FOLLOWING. PLAINTIFF HAS INDICATED THAT IT IS REVIEWING DEFENDANT'S LOSS MITIGATION APPLICATION. CONSEQUENTLY, PLAINTIFF HAS UNTIL 8/12/25 TO UPDATE THE COURT IN WRITING IF IT HAS OFFERED THE DEFENDANT A TRIAL MODIFICATION OR SOME OTHER RESOLUTION OR NOT. FAILURE TO UPDATE THE COURT BY 8/12/25 MAY RESULT IN DISMISSAL WITHOUT PREJUDICE. THE COURT'S DEADLINE OF 7/23/25 IS NO LONGER APPLICABLE. NOTICE ISSUED
- OTION FILED FOR P1 ONSLOW BAY FINANCIAL LLC F. PETER COSTELLO 0076112 MOTION FOR STAY
- REVIEW OF THE COURT DOCKET INDICATES INACTIVITY AND SERVICE ON THIS CASE. PLAINTIFF HAS UNTIL 7/23/25 TO FILE OR SUBMIT THE DOCUMENTS LISTED BELOW OR THIS CASE MAY BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. 1. MOTION FOR DEFAULT JUDGMENT AND/OR SUMMARY JUDGMENT 2. AFFIDAVIT WITH REGARD TO MILITARY SERVICE 3. A PROPOSED MAGISTRATE'S DECISION 4. UPDATED TITLE WORK 5. AN ATTORNEY'S AFFIDAVIT THAT FULLY COMPLIES WITH THE COURT'S STANDING ORDERS AS OUTLINED ON THE COUNTY WEBSITE 6. A PROPOSED ADOPTION ORDER NOTICE ISSUED
- ON 03/17/2025 I SERVED THE WITHIN NAMED BARRIENTOS/CASTRO/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
- ON 03/17/2025 I SERVED THE WITHIN NAMED CASTRO DE BARRIENTOS/ZULMA/C. BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
- ON 03/17/2025 I SERVED THE WITHIN NAMED UNK SPOUSE, IF ANY, OF ZULMA C. CASTRO DE BARRIENTOS BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
- SPS RECEIPT NO. 56347989 DELIVERED BY USPS 03/15/2025 BARRIENTOS/CASTRO/ PROCESSED BY COC 03/19/2025.
- SPS RECEIPT NO. 56347988 DELIVERED BY USPS 03/15/2025 UNK SPOUSE, IF ANY, OF ZULMA C. CASTRO DE BARRIENTOS PROCESSED BY COC 03/19/2025.
- SPS RECEIPT NO. 56347987 DELIVERED BY USPS 03/15/2025 CASTRO DE BARRIENTOS/ZULMA/C. PROCESSED BY COC 03/19/2025.
- UMS COMPLAINT(56347989) SENT BY CERTIFIED MAIL. TO: CASTRO BARRIENTOS 3209 W 94TH STREET CLEVELAND, OH 44102
- UMS COMPLAINT(56347988) SENT BY CERTIFIED MAIL. TO: UNK SPOUSE, IF ANY, OF ZULMA C. CASTRO DE BARRIENTOS 3209 W 94TH STREET CLEVELAND, OH 44102
- UMS COMPLAINT(56347987) SENT BY CERTIFIED MAIL. TO: ZULMA C. CASTRO DE BARRIENTOS 3209 W 94TH STREET CLEVELAND, OH 44102
- UMS COMPLAINT(56347992) SENT BY SPECIAL PROCESS SERVER. TO: CASTRO BARRIENTOS 3209 W 94TH STREET CLEVELAND, OH 44102
- UMS COMPLAINT(56347991) SENT BY SPECIAL PROCESS SERVER. TO: UNK SPOUSE, IF ANY, OF ZULMA C. CASTRO DE BARRIENTOS 3209 W 94TH STREET CLEVELAND, OH 44102
- UMS COMPLAINT(56347990) SENT BY SPECIAL PROCESS SERVER. TO: ZULMA C. CASTRO DE BARRIENTOS 3209 W 94TH STREET CLEVELAND, OH 44102
- UMMONS E-FILE COPY COST
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- UMMONS E-FILE COPY COST
- LL 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
- AGISTRATE JOHN T DYKE ASSIGNED (MANUALLY)
- T 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
- UDGE RICHARD A BELL ASSIGNED (RANDOM)
- PECIAL PROJECTS FUND FEE
- EGAL RESEARCH
- EGAL NEWS
- EGAL AID
- OMPUTER FEE
- LERK'S FEE
- EPOSIT AMOUNT PAID MARK R LEMBRIGHT
- EPOSIT AMOUNT PAID MARK R LEMBRIGHT
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