Beachwood, OH
Foreclosure Lawyer at Beachwood, OH
Practice Areas: Foreclosure, Appeals ... +3 more
OUTCOME: Default judgment of foreclosure vacated, loan modification, foreclosure dismissed.
Filed a motion to vacate the judgment of foreclosure. Default judgment vacated, loan modification offered and accepted.
OUTCOME: foreclosure dismissed
Filed motion to dismiss foreclosure complaint and Plaintiff voluntarily dismissed the case before the scheduled hearing on the motion
OUTCOME: Settlement
Drafted complaint for breach of contract claim regarding employment and benefits
OUTCOME: Loan modification, foreclosure dismissed
Pro Bono representation through the Legal Aid Society of Cleveland. Negotiated a loan modification for an elderly woman with health problems.
OUTCOME: Motion to dismss foreclosure granted and foreclosure dismissed WITH PREJUDICE. Reversed on appeal. Appealed to the Supreme Court of Ohio but jurisdiction declined. Currently in mediation.
04/23/2012 N/A JE THE COURT HAS REVIEWED THE DEFENDANTS MOTION TO DISMISS AND BRIEF IN OPP AND FINDS THE DEFENDANTS MOTION WELL-TAKEN. THE CASE IS DWP AT PLAINTIFFS COSTS. FINAL. THIS COURT RETAINS JUR ... ISDICTION OVER ALL POST-JUDGMENT MOTIONS. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
OUTCOME: Loan modification, foreclosure dismissed
Filed counterclaims and loan modification offered.
OUTCOME: Default judgment of foreclosure vacated, property withdrawn from sale
Filed motion to vacate the default judgment of foreclosure. The Court granted the motion with the following order: ORDER FILED. For good cause shown, after considering Defendants Regina and Robert Cop ... pa's 60(B) motion to vacate the judgment of foreclosure, Plaintiff's brief in opposition, and the hearing held on April 9, 2012 the Court grants the Defendants' 60(B) motion and hereby vacates the judgment of foreclosure. IT IS SO ORDERED.
OUTCOME: Granted motion to vacate 2008 judgment of foreclosure and sheriff's sale vacated. Reversed on appeal due to the Supreme Court of Ohio's decision in Fed Home Mtge Loan Copr v Schwartzwald. Supreme Court of Ohio declined jurisdiction of appeal.
04/19/2012 N/A JE HEARING HELD ON DEFENDANTS' MOTION FOR RELIEF FROM JUDGMENT. ATTORNEY KIMBERLY BAGA APPEARED ON BEHALF OF PLAINTIFF, ATTORNEYS DOBERDRUK AND DANN APPEARED ON BEHALF OF MR. AND MRS. PA ... TTERSON, WHO ALSO APPEARED. UPON REVIEW OF THE FILE, THE MOTION FOR RELIEF FROM JUDGMENT, AND PLAINTIFF'S BRIEF IN OPPOSITION THERETO, AND PURSUANT TO PRECEDENT (WELLS FARGO BANK V. JORDAN, 2009 OHIO 1092 (8TH DIST. CT. APP., MAR. 12, 2009)), THE MOTION FOR RELIEF FROM JUDGMENT OF MR. AND MRS. PATTERSON IS GRANTED. PLAINTIFF FILED THE INSTANT ACTION ON 09/20/2006, AND ATTACHED COPIES OF THE NOTE AND MORTGAGE UPON WHICH THE CASE WAS BASED. UNFORTUNATELY FOR PLAINTIFF, HOWEVER, THE EVIDENCE PROVIDED INDICATES THAT THE MORTGAGE WAS NOT ASSIGNED TO PLAINTIFF CITIMORTGAGE, INC. UNTIL 10/13/2006, AFTER THE CASE WAS FILED. PLAINTIFF, THEREFORE, HAS NOT PROVIDED SUFFICIENT EVIDENCE OF STANDING AS REQUIRED BY WELLS FARGO V. JORDAN. AS A CONSEQUENCE, THE SHERIFF'S SALE HELD 10/03/2011 IS HEREBY VACATED; THE JUDGMENT RENDERED 09/11/2008 IS ALSO VACATED; AND THE CASE IS DISMISSED, WITHOUT PREJUDICE. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
OUTCOME: motion to vacate November 29, 2006 judgment of foreclosure granted, sheriff's sale cancelled and case dismissed
04/12/2012 N/A JE DEFENDANT KATHY TALLIER'S MOTION TO VACATE THE JUDGMENT OF FORECLOSURE FILED ON 3/19/12 IS UNOPPOSED AND GRANTED. THE NOTE THAT IS ATTACHED TO PLAINTIFF'S COMPLAINT IS TO INTERVALE MO ... RTGAGE CORPORATION, THE ORIGINAL PAYEE. THERE IS NO ENDORSEMENT OR ALLONGE ATTACHED TO THE COMPLAINT TRANSFERRING THE NOTE TO PLAINTIFF. IN ADDITION, THE ORIGINAL MORTGAGEE IS MERS AS NOMINEE FOR INTERVALE MORTGAGE CORPORATION. ACCORDING TO PLAINTIFF'S FINAL JUDICIAL REPORT, FILED WITH THE COURT ON 8/25/06, THE ASSIGNMENT OF MORTGAGE FROM THE ORIGINAL MORTGAGEE TO PLAINTIFF WAS DATED 6/27/06 AND RECORDED 7/5/06. THESE ARE DATES OBVIOUSLY OCCURRING AFTER THE FILING OF THE COMPLAINT. BASED ON THE EVIDENCE, THERE IS NO INDICATION THAT PLAINTIFF HELD THE NOTE AND THE MORTGAGE AT THE TIME THE COMPLAINT WAS FILED AND THUS PLAINTIFF DOES NOT HAVE STANDING TO PROSECUTE THIS ACTION. SEE WELLS FARGO V. JORDAN 2009-OHIO-1092 (8TH APP. DIST.) CONSEQUENTLY, THE COURT LACKS JURISDICTION OVER THE WITHIN MATTER. THUS, THE COURT VACATES THE WITHIN JUDGMENT AND/OR DECREE OF FORECLOSURE AND DISMISSES THIS CASE IN ITS ENTIRETY WITHOUT PREJUDICE. THE COURT ORDERS THE SHERIFF TO RETURN ANY OUTSTANDING ORDER OF SALE AND CANCEL ANY UPCOMING SHERIFF'S SALE. COSTS TO PLAINTIFF. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
OUTCOME: foreclosure dismissed
Filed motion to dismiss the foreclosure complaint. Hearing on motion scheduled by the court. Plaintiff voluntarily dismissed the foreclosure on the day of the hearing before it started.
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