Beachwood, OH
Foreclosure Lawyer at Beachwood, OH
Practice Areas: Foreclosure, Appeals ... +3 more
OUTCOME: Foreclosure voluntarily dismissed day before trial
Trial approaching, filed motion to dismiss, Plaintiff attempted to continue trial but the Court denied Plaintiff's motion to continue, Plaintiff subsituted in trial counsel, but voluntarily dismissed t ... he foreclosure the day before trial.
OUTCOME: Negotiated post judgment, Loan reinstated, judgment vacated, foreclosure dismissed
01/26/2012 N/A JE PLAINTIFF'S MOTION TO VACATE SALE, FOR SHERIFF TO RETURN DEPOSIT, AND TO DISMISS THE COMPLAINT WITHOUT PREJUDICE IS GRANTED. OSJ. COURT COST ASSESSED TO THE PLAINTIFF(S).
OUTCOME: judgment of foreclosure vacated for lack of subject matter jurisdiction and case dismissed
Involves unique issues of an FHA note and mortgage and Plaintiff's lack of complaince with HUD regulations. Removed to federal court due to third party complaint. Won motion for reconsideration.
OUTCOME: judgment for money and foreclosure vacated and case dismissed
A default judgment was entered against the homeowner on August 6, 2009 and I filed a 60(B) motion to vacate the judgment on September 26, 2011.
OUTCOME: Confidential settlement with Bank of America, Deutsche Bank, and the law firm Reisenfeld & Associates LPA LLC
Settlement of homeowners' claims for violations of the Fair Debt Collection Practices Act, violations of the Ohio Consumer Sales Practices Act, violations, of the Electronic Funds Transfer Act and c ... ivil conspiracy
OUTCOME: default judgment against The Modification Group, LLC and confidential settlement with Brian P. Butler, P.C.
12/08/2011 N/A JE PLAINTIFFS CYNTHIA SIZEMORE AND DANIEL SIZEMORE'S MOTION FOR DEFAULT JUDGMENT AGAINST THE MODIFICATION GROUP, LLC (GRACE MARY DOBERDRUK 0085547, FILED 12/06/2011) IS GRANTED. CASE CAL ... LED FOR DEFAULT HEARING 12/06/2011. PLAINTIFF 'S COUNSEL APPEARED; NO APPEARANCE ON BEHALF OF DEFENDANT AFTER SERVICE AND NOTICE. UPON THE EVIDENCE PRESENTED, JUDGMENT IS HEREBY ENTERED IN FAVOR OF CYNTHIA AND DANIEL SIZEMORE AND AGAINST MODIFICATION GROUP LLC IN THE TOTAL AMOUNT OF $100,000.00, INTEREST AT THE STATUTORY RATE FROM THE DATE OF JUDGMENT, AND COURT COSTS. COURT COST ASSESSED TO THE DEFENDANT(S). NOTICE ISSUED
OUTCOME: Property withdrawn from sheriff's sale in November 2011 and judgment subsequently vacated, foreclosure dismissed
Filed motions in November 2011 to stay the sheriff's sale and to vacate the judgment of foreclosure.
OUTCOME: Foreclosure dismissed with prejudice
Foreclosure appeal out of Portgage County. Drafted terms in settlement agreement reached on November 15, 2011 at the Eleventh District Court of Appeals. Foreclosure case dismissed with prejudice.
OUTCOME: motion to dismiss foreclosure complaint granted
10/07/2011 N/A JE D1 PAUL POPOV 12 (B)(6) MOTION TO DISMISS THE COMPLAINT FOR FAILURE TO STATE CLAIM, FILED 07/15/2011, IS GRANTED. THE NOTE THAT IS ATTACHED TO PLAINTIFF'S COMPLAINT IS TO FREEMONT INV ... ESTMENT AND LOAN, THE ORIGINAL PAYEE. THERE IS NO ENDORSEMENT OR ALLONGE ATTACHED TO THE COMPLAINT TRANSFERRING THE NOTE TO PLAINTIFF.. BASED ON THE PLEADINGS, THERE IS NO INDICATION THAT PLAINTIFF HELD THE NOTE ON THE DAY THAT THE COMPLAINT WAS FILED AND THUS DOES NOT HAVE STANDING TO PROSECUTE THIS ACTION. SEE WELLS FARGO V. JORDAN 2009-OHIO-1092 (8TH APP. DIST.) THE DISMISSAL OF A FORECLOSURE ACTION IS REQUIRED UPON FINDING THAT PLAINTIFF WAS NOT REAL PARTY IN INTEREST AT THE TIME IT FILED THE ACTION. IF A PARTY LACKS STANDING, BY EXTENSION, THE TRIAL COURT LACKS SUBJECT MATTER JURISDICTION OVER THE ACTION. THE CASE IS DISMISSED WITHOUT PREJUDICE. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
OUTCOME: motion to vacate judgment granted and forecosure dismissed
09/13/2011 N/A JE DEFENDANTS' MOTION TO VACATE THE JUDGMENT OF JULY 29, 2011, IS UNOPPOSED AND GRANTED. THE JUDGMENT IS HEREBY VACATED. PLAINTIFF WAS NOT IN COMPLIANCE WITH THE COURT'S ATTORNEY AFFIDAV ... IT POLICY. NOTICE ISSUED
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
