Beachwood, OH
Foreclosure Lawyer at Beachwood, OH
Practice Areas: Foreclosure, Appeals ... +3 more
OUTCOME: foreclosure dismissed and settled at Plaintiff's costs
Filed a motion to dismiss the foreclosure complaint. Motion argued at oral hearing. Plaintiff voluntarily dismissed the foreclosure.
OUTCOME: Foreclosure dismissed
DEFENDANT MARK D. RADWAN'S MOTION FOR DISMISSAL FOR LACK OF PROSECUTION IS WELL-TAKEN AND IS GRANTED. PLAINTIFF HAS FAILED TO COMPLY WITH THE MAGISTRATE'S ORDER OF 7/5/11 AND HAS OTHERWISE FAILED TO PR ... OSECUTE ITS CASE. CASE DISMISSED WITHOUT PREJUDICE. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
OUTCOME: Motion to dismiss filed. Plaintiff did not appear for pretrial. Foreclosure dismissed.
03/19/2012 N/A JE CASE CALLED FOR PRETRIAL. COUNSEL FOR DEFENDANTS APPEARED. PLAINTIFF FAILED TO APPEAR. PURSUANT TO ORDER OF 01/24/12, AS PLAINTIFF FAILED TO APPEAR, CASE DISMISSED WITHOUT PREJUDICE. ... PENDING MOTIONS MOOT. (FINAL). COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
OUTCOME: motion to dismiss foreclosure granted
Filed motion to dismiss a foreclosure complaint where Plaintiff that was not the original lender pled that it was the holder and no note or assignment of mortgage was attached as an exhibit
OUTCOME: Default judgment of foreclosure vacated
Filed motion to vacate default judgment of foreclosure in January 2012. Hearing held on the motion. Conference call with court held on February 23, 2012. Judgment of foreclosure vacated.
OUTCOME: Argued motion to dismiss and it was granted later that day. Foreclosure dismissed.
02/22/2012 N/A JE MOTION OF OF DAVID A. BOSAK TO DISMISS PLAINTIFF'S COMPLAINT IS GRANTED. THE CASE IS DISMISSED WITHOUT PREJUDICE. (FINAL) COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
OUTCOME: Loan modification, foreclosure dismissed
Cuyahoga County Court of Common Pleas Mediation
OUTCOME: Foreclosure dismissed
Defendant was offered a loan modification after she retained counsel and counsel filed a stipulated leave to plead or move. Loan modification accepted and case voluntarily dismissed on February 7, 2012 ... .
OUTCOME: Cross-claim dismissed with prejudice
Hired after judgment to stop additional lien holder Cuyahoga Financing Ltd from collecting $75,000 judgment on cross-claim. After motion to dismiss filed, the cross-claim was dismissed with prejudice 2 ... /6/2012. Client saved $75,000.
OUTCOME: appeared at default judgment hearing for the unknown spouse and pointed out discrepencies regarding the merger documentation. Foreclosure dismissed.
09/14/2011 N/A MG DEFAULT HEARING CALLED 9/13/2011. PRESENT IN COURT WERE ATTORNEY KIMBERLY BAGA FOR PLAINTIFF AND ATTORNEY GRACE DOBERDRUK FOR DEFENDANT MICHELLE WELLS. DEFENSE COUNSEL POINTED OUT POS ... SIBLE DISCREPANCIES IN THE ASSIGNMENT TO LEADER MORTGAGE COMPANY. PLAINTIFF TO ADDRESS WITHIN 7 DAYS OF THIS COURT'S ORDER. FAILURE TO DO SO SHALL RESULT IN DISMISSAL. NOTICE ISSUED. 10/07/2011 N/A JE P1 US BANK NA MOTION FOR DEFAULT JUDGMENT.. CRAIG A THOMAS 0037667, FILED 07/13/2011, IS DENIED. THIS MATTER CAME ON FOR HEARING ON THE 13TH DAY OF SEPTEMBER, 2011 ON PLAINTIFF'S MOTION FOR DEFAULT. DEFENSE COUNSEL POINTED OUT A DISCREPANCY IN THE ASSIGNMENT TO THE LEADER MORTGAGE COMPANY. THE ASSIGNMENT WAS EXECUTED AT A TIME APPROX. 5 MONTHS AFTER THE LEADER MORTGAGE COMPANY WAS MERGED OUT OF EXISTENCE. PLAINTIFF WAS GIVEN AN OPPORTUNITY TO BRIEF THIS ISSUE OF STANDING AND SHOW HOW US BANK IS THE REAL PARTY IN INTEREST TO BRING THIS ACTION FORWARD. AFTER REVIEW, THIS COURT DOES NOT BELIEVE THAT US BANK IS IN ACCORDANCE WITH THE PROVISIONS OF WELLS FARGO BANK V. JORDAN, 2009 OHIO 1092 (8TH DIST. CT. APP., MAR. 12, 2009) AND THIS MATTER IS HEREBY DISMISSED. IT IS NOTED THAT THE ORIGINAL COMPLAINT'S PROMISSORY NOTE ONLY HELD A BLANK ENDORSEMENT. PLAINTIFF HAS ATTEMPTED TO RECTIFY THE INVALID ASSIGNMENT BY SUBMITTING A COPY OF THE PROMISSORY NOTE WHICH NOW CONTAINS AN ENDORSEMENT TO THE LEADER MORTGAGE COMPANY AND A SUBSEQUENT BLANK ENDORSEMENT. SUBMITTING THIS PROMISSORY NOTE SOME 16 MONTHS AFTER THE COMPLAINT WAS FILED IS INSUFFICIENT TO SUPPORT STANDING AT THE TIME OF THE FILING OF THE COMPLAINT. PLAINTIFF DID NOT PRESENT EVIDENCE TO THE COURT THAT IT OWNED THE SUBJECT PROMISSORY NOTE AND MORTGAGE AS OF THE DATE OF THE FILING OF ITS COMPLAINT IN THIS CASE AND COULD NOT, THEREFORE, PROVE THAT IT HAD STANDING. SEE WELLS FARGO BANK V. JORDAN, 2009 OHIO 1092 (8TH DIST. CT. APP., MAR. 12, 2009). PLAINTIFF IS ORDERED TO SHOW CAUSE WITHIN 20 DAYS OF THIS COURT'S ORDER, AS TO WHY ITS COMPLAINT SHOULD NOT BE DISMISSED WITHOUT PREJUDICE FOR LACK OF STANDING. ANY RESPONSE TO THIS ORDER MUST BE FILED, DOCKETED, AND WALKED THROUGH TO THE MAGISTRATES' DEPARTMENT. FAILURE TO COMPLY WITH THIS ORDER SHALL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. P1 US BANK NA MOTION FOR SUMMARY JUDGMENT.. CRAIG A THOMAS 0037667, FILED 07/13/2011, IS DENIED. NOTICE ISSUED 1/31/2012 NO ADDITIONAL PLEADINGS HAVE BEEN FILED IN THIS MATTER. PURSUANT TO THIS COURT'S ORDER OF OCTOBER 7, 2011, THIS CASE IS DISMISSED WITHOUT PREJUDICE. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
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