Green v. DLJ Mortgage Capital, Inc. et al.
| Carolyn Green |
| DLJ Mortgage Capital, Inc., Select Portfolio Servicing, Inc., Fay Servicing, LLC, Caliber Home Loans, Inc., U.S. Bank Trust N.A., Caliber Home Loans and U.S. Bank Trust, N.A. |
| 1:2024cv00453 |
| March 11, 2024 |
| US District Court for the Northern District of Ohio |
| Bridget Meehan Brennan |
| Real Property: Other |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 19 Motion to dismiss for failure to state a claim filed by Defendant Fay Servicing, LLC. Related document(s) #16 . (Salisbury-Copper, Jessica) |
Order [non-document] granting Defendants DLJ Mortgage Captial, Inc., Select Portfolio Servicing, Inc., and U.S. Bank Trust, N.A.'s motion for an extension of time until May 20, 2024, to answer, move, or otherwise plead in response to Plaintiff's First Amended Complaint. (Doc. No. #18 .) Judge Bridget Meehan Brennan on 5/3/2024. (H,AR)
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| Filing 18 Motion for extension of time until May 20, 2024 to answer filed by DLJ Mortgage Capital, Inc., Select Portfolio Servicing, Inc., U.S. Bank Trust, N.A.. Related document(s) #16 . (Wallace, David) |
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Order [non-document] granting Defendant Caliber Home Loans, Inc.'s unopposed motion for an extension of time until May 20, 2024, to respond to Plaintiff's Verified First Amended Complaint. (Doc. No. #17 .) Judge Bridget Meehan Brennan on 4/30/2024. (H,AR)
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| Filing 17 Unopposed Motion for extension of time until 5/20/2024 to answer filed by Defendant Caliber Home Loans. Related document(s) #1 . (Attachments: #1 Proposed Order)(Blaske, Nathan) |
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Order [non-document]: Defendant Caliber Home Loans, Inc's unopposed motion for extension of time to respond to Plaintiff's Complaint (Doc. No. #15 ) is DENIED as moot. Judge Bridget Meehan Brennan on 4/25/2024. (H,AR)
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| Filing 16 Amended complaint against All Defendants. Filed by Carolyn Green. (Attachments: #1 Exhibit 1_2-9-21 Loan Modification Agreement (1), #2 Exhibit 2_2-25-21 Servicing Transfer Caliber to Fay, #3 Exhibit 3_12-20-21 Initial RFI, #4 Exhibit 4_12-28-21 Ack of Initial 12-20-21 RFI, #5 Exhibit 5_2-7-22 Response to 12-20-21 Initial RFI_opt, #6 Exhibit 6_2-11-22 NOE (No Response to 12-20-21 RFI) Tracking, #7 Exhibit 7_3-28-22 NOE re no response to 2-11-22 NOE Tracking, #8 Exhibit 8_4-6-22 Ack of 3-28-22 NOE, #9 Exhibit 9_4-15-22 E-mail with mod submission _ mod app, #10 Exhibit 10_4-15-22 RFI re 4-15-22 mod subission _ tracking, #11 Exhibit 11_4-18-22 Missing Docs Letter _ Doc submission, #12 Exhibit 12_4-28-22 Response to 3-28-22 NOE_opt, #13 Exhibit 13_5-11-22 E-mail to Fay with updated mod docs, #14 Exhibit 14_5-12-22 Mod App Submitted 4-15-22 is Complete Letter, #15 Exhibit 15_5-18-22 Denial Letter (max number of mods exceeded), #16 Exhibit 16_6-17-22 Servicing Transfer Notice.pdf_redacted_flattened, #17 Exhibit 17_6-27-22 RFI for Reinstatement _ Tracking_redacted_flattened, #18 Exhibit 18_6-28-22 RFI for Servicing transfer history _ tracking_redacted_flattened, #19 Exhibit 19_7-7-22 Acknowledgment of 6-27-22 or 6-28-22 RFI_redacted_flattened, #20 Exhibit 20_8-11-22 Combined Response to 6-27-22 _ 6-28-22 RFI_s_redacted_flattened, #21 Exhibit 21_8-15-22 NOE for failure to respond to 6-28-22 RFI _ Tracking_redacted_flattened, #22 Exhibit 22_8-15-22 NOE for failure to respond to 6-27-22 RFI _ Tracking_redacted_flattened, #23 Exhibit 23_8-26-22 Acknowledgment (of 8-15-22 NOE)_redacted_flattened, #24 Exhibit 24_9-21-22 NOE _ tracking_redacted_flattened, #25 Exhibit 25_9-30-22 Ack of 9-21-22 NOE_redacted_flattened, #26 Exhibit 26_9-22-22 Response to 8-15-22 NOE_redacted_flattened1, #27 Exhibit 27_9-30-22 NOE _ Tracking_redacted_flattened, #28 Exhibit 28_10-13-22 Response to 9-21-22 NOE_redacted_flattened, #29 Exhibit 29_10-14-22 Mod Offer_redacted_flattened, #30 Exhibit 30_10-17-22 Acknowledgment of 9-30-22 NOE_redacted_flattened, #31 Exhibit 31_10-17-22 Response to 9-30-22 NOE, #32 Exhibit 32_11-4-22 SPS Confirming that 10-14-22 Mod offer was accepted, #33 Exhibit 33_11-7-22 RFI _ Tracking, #34 Exhibit 34_11-16-22 Acknowledgment of 11-7-22 RFI, #35 Exhibit 35_11-18-22 Response to 9-30-22 NOE and 11-14-22 RFI, #36 Exhibit 36_12-23-22 NOE _ Tracking, #37 Exhibit 37_1-3-23 Acknowledgment of 12-23-22 NOE, #38 Exhibit 38_1-6-23 Response to 12-23-22 NOE, #39 Exhibit 39_2-6-23 Denial of 10-14-22 Mod for nonpayment, #40 Exhibit 40_2-17-23 NOE _ Tracking, #41 Exhibit 41_2-23-23 NOE _ Tracking, #42 Exhibit 42_2-27-23 Response to 2-17-23 NOE, #43 Exhibit 43_3-3-23 Ack of 2-23-23 NOE, #44 Exhibit 44_3-10-23 E-mail to SPS with Mod App _ Mod App, #45 Exhibit 45_3-20-23 RFI Mod Resubmitted _ Tracking, #46 Exhibit 46_3-20-23 Mod App Complete as of 3-17-23, #47 Exhibit 47_3-29-23 Acknowledgment of 3-20-23 RFI, #48 Exhibit 48_3-31-23 Trial Modification Offer, #49 Exhibit 49_4-13-23 NOE for failure to respond to 12-23 _ 2-17 NOE _ Tracking, #50 Exhibit 50_4-13-23 NOE for failure to respond to 2-23 NOE _ Tracking, #51 Exhibit 51_4-24-23 Acknowledgment of 4-13-23 NOEs, #52 Exhibit 52_5-8-23 Response to 4-13-23 NOE, #53 Exhibit 53_6-1-23 Confirmation by SPS of acceptance of 3-31-23 mod offer, #54 Exhibit 54_7-10-23 Denial for failure to make mod payments, #55 Exhibit 55_7-19-23 NOE _ Tracking, #56 Exhibit 56_7-21-23 Acknowledgment of 7-19-23 NOE, #57 Exhibit 57_8-3-23 Letter returning 7-29-23 check (August Payment), #58 Exhibit 58_8-4-23 Letter returning 2nd check dated 7-29-23, #59 Exhibit 59_8-9-23 Response to 7-19-23 NOE) (Cozmyk, Peter) |
| Filing 15 Unopposed Motion for extension of time until May 6, 2024 to answer complaint filed by Defendant Caliber Home Loans. Related document(s) #1 . (Attachments: #1 Proposed Order)(Blaske, Nathan) |
| Filing 14 Corporate Disclosure Statement identifying Corporate Parent NRZ Acquisition LLC, a Delaware limited liability company, Corporate Parent Rithm Capital Corp. a Delaware corporation for Caliber Home Loans filed by Caliber Home Loans. (Blaske, Nathan) |
| Filing 13 Attorney Appearance by Nathan H. Blaske filed by on behalf of Caliber Home Loans. (Blaske, Nathan) |
| Filing 12 FILING ERROR, document will not open. Amended complaint against Carolyn Green. Filed by Carolyn Green. (Attachments: #1 Exhibit Exhibit 1 Loan Modification Agreement, #2 Exhibit Exhibit 2 Servicing Transfer Caliber to Fay, #3 Exhibit Exhibit 3 Initial RFI, #4 Exhibit exhibit 4 Ack of Initial 12-20-21 RFI, #5 Exhibit exhibit 5 Response to 12-20-21 Initial RFI_opt, #6 Exhibit exhibit 6 NOE (No Response to 12-20-21 RFI) _ Tracking, #7 Exhibit exhibit 7 NOE re no response to 2-11-22 NOE _ Tracking, #8 Exhibit exhibit 8 Ack of 3-28-22 NOE, #9 Exhibit exhibit 9 E-mail with mod submission _ mod app, #10 Exhibit exhibit 10 RFI re 4-15-22 mod subission _ tracking, #11 Exhibit exhibit 11 Missing Docs Letter _ Doc submission, #12 Exhibit exhibit 12 Response to 3-28-22 NOE_opt, #13 Exhibit exhibit 13 E-mail to Fay with updated mod docs _ mod docs, #14 Exhibit exhibit 14 Mod App Submitted 4-15-22 is Complete Letter, #15 Exhibit exhibit 15 Denial Letter (max number of mods exceeded), #16 Exhibit exhibit 16 Servicing Transfer Notice.pdf_redacted_flattened, #17 Exhibit exhibit 17 RFI for Reinstatement _ Tracking_redacted_flattened, #18 Exhibit exhibit 18 RFI for Servicing transfer history _ tracking_redacted_flattened, #19 Exhibit exhibit 19 Acknowledgment of 6-27-22 or 6-28-22 RFI_redacted_flattened, #20 Exhibit exhibit 20 Combined Response to 6-27-22 _ 6-28-22 RFI_s_redacted_flattened, #21 Exhibit exhibit 21 NOE for failure to respond to 6-28-22 RFI _ Tracking_redacted_flattened, #22 Exhibit exhibit 22 NOE for failure to respond to 6-27-22 RFI _ Tracking_redacted_flattened, #23 Exhibit exhibit 23 22 Acknowledgment (of 8-15-22 NOE)_redacted_flattened, #24 Exhibit exhibit 24NOE _ tracking_redacted_flattened, #25 Exhibit exhibit 25 Ack of 9-21-22 NOE_redacted_flattened, #26 Exhibit exhibit 26 Response to 8-15-22 NOE_redacted_flattened1, #27 Exhibit exhibit 27 NOE _ Tracking_redacted_flattened, #28 Exhibit exhibit 28 Response to 9-21-22 NOE_redacted_flattened, #29 Exhibit exhibit 29 Mod Offer_redacted_flattened, #30 Exhibit exhibit 30Acknowledgment of 9-30-22 NOE_redacted_flattened, #31 Exhibit exhibit 31 Response to 9-30-22 NOE, #32 Exhibit exhibit 32 SPS Confirming that 10-14-22 Mod offer was accepted, #33 Exhibit exhibit 33 RFI _ Tracking, #34 Exhibit exhibit 34 Acknowledgment of 11-7-22 RFI, #35 Exhibit exhibit 35 Response to 9-30-22 NOE and 11-14-22 RFI, #36 Exhibit exhibit 36 NOE _ Tracking, #37 Exhibit exhibit 37cknolwedgment of 12-23-22 NOE, #38 Exhibit exhibit 38 Response to 12-23-22 NOE, #39 Exhibit exhibit 39 Denial of 10-14-22 Mod for nonpayment, #40 Exhibit exhibit 40 NOE tracking, #41 Exhibit exhibit 41 NOE tracking, #42 Exhibit exhibit 42 Response to 2-17-23 NOE, #43 Exhibit exhibit 43 Ack of 2-23-23 NOE, #44 Exhibit exhibit 44E-mail to SPS with Mod App _ Mod App, #45 Exhibit exhibit 45 RFI Mod Resubmitted _ Tracking, #46 Exhibit exhibit 46 Mod App Complete as of 3-17-23, #47 Exhibit exhibit 47 Acknolwegement of 3-20-23 RFI, #48 Exhibit exhibit 48 Trial Modification Offer, #49 Exhibit exhibit 49 NOE for failure to respond to 12-23 _ 2-17 NOE _ Tracking, #50 Exhibit exhibit 50 NOE for failure to respond to 2-23 NOE _ Tracking, #51 Exhibit exhibit 51 Acknowledgment of 4-13-23 NOEs, #52 Exhibit exhibit 52 Response to 4-13-23 NOE, #53 Exhibit exhibit 53 Confirmation by SPS of acceptance of 3-31-23 mod offer, #54 Exhibit exhibit 54 Denial for failure to make mod payments, #55 Exhibit exhibit 55 NOE _ Tracking, #56 Exhibit exhibit 56 Acknowledgment of 7-19-23 NOE, #57 Exhibit exhibit 57 Letter returning 7-29-23 check (August Payment), #58 Exhibit exhibit 58 Letter returning 2nd check dated 7-29-23, #59 Exhibit exhibit 59 Response to 7-19-23 NOE) (Cozmyk, Peter) Modified on 4/17/2024 to note filing error, attorney to refile (P,G). |
| Filing 11 Marginal Entry Order granting Defendant Fay Servicing, LLC's unopposed motion for an extension of time until May 6, 2024, to move, plead, or otherwise respond to Plaintiff's Complaint. (Doc. No. #10 .) Judge Bridget Meehan Brennan on 4/15/2024. (H,AR) |
| Filing 10 Unopposed Motion for extension of time until May 6, 2024 to answer or otherwise respond to the Complaint filed by Defendant Fay Servicing, LLC. Related document(s) #1 . (Salisbury-Copper, Jessica) |
| Filing 9 Attorney Appearance by Jessica E. Salisbury-Copper filed by on behalf of Fay Servicing, LLC. (Salisbury-Copper, Jessica) |
| Filing 8 Marginal Entry Order granting Defendants DLJ Mortgage Capital, Inc., Select Portfolio Servicing, Inc., and U.S. Bank Trust, N.A.'s unopposed motion for an extension of time until May 1, 2024, to answer, move, or otherwise plead in response to Plaintiff's Complaint. (Doc. No. #7 .) Judge Bridget Meehan Brennan on 4/11/2024. (H,AR) |
| Notice by Clerk that DLJ Mortgage Capital, Inc., Select Portfolio Servicing, Inc., failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (P,G) |
| Filing 7 Unopposed Motion for extension of time until 5/1/2024 to answer filed by DLJ Mortgage Capital, Inc., Select Portfolio Servicing, Inc., U.S. Bank Trust, N.A.. Related document(s) #1 . (Wallace, David) |
| Filing 6 Notice of Service of Proof of Service filed by Carolyn Green. Related document(s) #1 .(Cozmyk, Peter) |
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Filing 5
Initial Standing Order signed by Judge Bridget Meehan Brennan on 3/12/2024. (H,AR)
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| Filing 4 Original Summons issued to counsel for service upon All Defendants. (R,AP) |
| Filing 3 Supplement to Complaint - Summons in a Civil Action, filed by Carolyn Green. Related document(s) #1 . (Cozmyk, Peter) |
| Filing 2 Magistrate Consent Form issued. (R,AP) |
| Filing 1 Verified Complaint with jury demand against All Defendants. Filing fee paid, $405.00. Receipt number AOHNDC-12450368. Filed by Carolyn Green. (Attachments: #1 Civil Cover Sheet, #2 Exhibit - 2-9-21 Loan Modification Agreement, #3 Exhibit - 2-25-21 Servicing Transfer Caliber to Fay, #4 Exhibit - 12-20-21 Initial RFI, #5 Exhibit - 12-28-21 Acknowledgement of Initial 12-20-21, #6 Exhibit - 2-7-22 Response to 12-20-21 Initial RFI, #7 Exhibit - 2-11-22 NOE (No Response to 12-20-21 RFI) and 4-4-22 Proof of Delivery, #8 Exhibit - 3-28-22 NOE re no response to 2-11-22 NOE and 4-4-22 Proof of Delivery, #9 Exhibit - 4-6-22 Ack of 3-28-22 NOE, #10 Exhibit - 4-15-22 Mod Application, #11 Exhibit - 4-15-22 RFI re 4-15-22 mod submission, #12 Exhibit - 4-18-22 Missing Docs Letter, #13 Exhibit - 4-28-22 Response to 3-28-22 NOE, #14 Exhibit - 5-11-22 Updated Mod Docs, #15 Exhibit - 5-12-22 Mod App Submitted 4-15-22 is Complete Letter, #16 Exhibit - 5-18-22 Denial Letter (max number of mods exceeded), #17 Exhibit - 6-17-22 Servicing Transfer Notice, #18 Exhibit - 6-27-22 RFI for Reinstatement, #19 Exhibit - 6-28-22 RFI for servicing transfer history & denial reason, #20 Exhibit - 7-7-22 Acknowledgment of 6-27-22 or 6-28-22 RFI, #21 Exhibit - 8-11-22 Combined Response to 6-27-22 & 6-28-22 RFI's, #22 Exhibit - 8-15-22 NOE for Failure to respond to 6-28-22 RFI, #23 Exhibit - 8-15-22 NOE for Failure to respond to 6-27-22 RFI for Reinstatement, #24 Exhibit - 8-26-22 Acknowledgment (of 8-15-22 NOE)., #25 Exhibit - 9-21-22 NOE for failure to respond to 8-15-22 NOE & 6-27-22 RFI, #26 Exhibit - 9-30-22 Ack of 9-21-22 NOE, #27 Exhibit - 9-22-22 Response to 8-15-22 NOE, #28 Exhibit - 9-30-22 NOE as 8-11-22 response is insufficient, #29 Exhibit - 10-13-22 Response to 9-21-22 NOE, #30 Exhibit - 10-14-22 Mod Offer, #31 Exhibit - 10-17-22 Acknowledgment of 9-30-22 NOE, #32 Exhibit - 10-17-22 Response to 9-30-22 NOE, #33 Exhibit - 11-4-22 SPS Confirming that 10-14-22 Mod offer was accepted, #34 Exhibit - 11-18-22 Response to 9-30-22 NOE and 11-14-22 RFI, #35 Exhibit - 12-23-22 NOE for failure to respond to 11-7-22 RFI, #36 Exhibit - 1-3-23 Acknowledgement of 12-23-22 NOE, #37 Exhibit - 1-6-23 Response to 12-23-22 NOE, #38 Exhibit - 1-3-23 Acknowledgement of 12-23-22 NOE, #39 Exhibit - 1-6-23 Response to 12-23-22 NOE, #40 Exhibit - 2-6-23 Denial of 10-14-22 Mod for nonpayment, #41 Exhibit - 2-17-23 NOE for no response to 12-23-22 NOE and 11-7-22 RFI, #42 Exhibit - 2-23-23 NOE for failure to properly apply trial payments, #43 Exhibit - 2-27-23 Response to 2-17-23 NOE, #44 Exhibit - 3-3-23 Ack of 2-23-23 NOE, #45 Exhibit - 3-10-23 E-mail to SPS with Loan Mod App, #46 Exhibit - 3-20-23 RFI Mod resubmitted, #47 Exhibit - 3-20-23 Mod App Complete as of 3-17-23, #48 Exhibit - 3-29-23 Acknowledgement of 3-20-23, #49 Exhibit - 3-31-23 Trial Modification Offer, #50 Exhibit - 4-13-23 NOE for failure to respond to 12-23-23 & 2-17-23 NOE & 11-7-22, #51 Exhibit - 4-13-23 NOE for failure to respond to 2-23-23 NOE, #52 Exhibit - 4-24-23 Acknowledgment of 4-13-23 NOEs, #53 Exhibit - 5-8-23 Response to 4-13-23 NOE, #54 Exhibit - 6-1-23 Confirmation by SPS of acceptance of 3-31-23 mod offer, #55 Exhibit - 7-10-23 Denial for failure to make mod payments, #56 Exhibit - 7-19-23 NOE for wrongful denial of 3-31-23 mod, #57 Exhibit - 7-21-23 Acknowledgment of 7-19-23 NOE, #58 Exhibit - 8-3-23 Letter returning 7-29-23 check (August Payment), #59 Exhibit - 8-4-23 Letter returning 2nd check dated 7-29-23, #60 Exhibit - 8-9-23 Response to 7-19-23 NOE) (Cozmyk, Peter) Modified on 3/11/2024 (R,AP). |
| Judge Bridget Meehan Brennan assigned to case. (R,AP) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (R,AP) |
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