SMS Financial, LLC et al. v. Baraona et al.
Plaintiff: SMS Financial CH, LLC and SMS Financial, LLC
Defendant: Bank of New York Trustee Under Pooling and Servicing Agreement Series 03-40 Corp Trust-MBS, Emily Baraona, Frank Baraona, Ottawa County Treasurer and Nationstar Mortgage LLC doing business as Mr. Cooper
Case Number: 1:2024cv01144
Filed: July 8, 2024
Court: US District Court for the Northern District of Ohio
Presiding Judge: Charles Esque Fleming
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2024 Filing 11 Answer to #1 Complaint, and Disclaimer of Interest in the real property filed by Bank of New York Trustee Under Pooling and Servicing Agreement Series 03-40 Corp Trust-MBS, Nationstar Mortgage LLC. (Kunc, Hannah)
August 2, 2024 Filing 10 FILING ERROR, Counsel to refile. Answer to #1 Complaint,, Disclaimer of Interest of Defendants Nationstar Mortgage LLC dba Mr. Cooper and Bank of New York Trustee Under Pooling and Servicing Agreement Series 03-40 Corp Trust-MBS filed by Bank of New York Trustee Under Pooling and Servicing Agreement Series 03-40 Corp Trust-MBS, Nationstar Mortgage LLC (Kunc, Hannah). Modified on 8/2/2024 for filing error (S,SR).
July 26, 2024 Filing 9 Waiver of Service Returned Executed by Emily Baraona, Frank Baraona. Emily Baraona waiver sent on 7/10/2024, answer due 9/9/2024; Frank Baraona waiver sent on 7/10/2024, answer due 9/9/2024 filed on behalf of Emily Baraona; Frank Baraona (Blakely, Jonathan)
July 25, 2024 Filing 8 Waiver of Service Returned Executed by Bank of New York Trustee Under Pooling and Servicing Agreement Series 03-40 Corp Trust-MBS. Bank of New York Trustee Under Pooling and Servicing Agreement Series 03-40 Corp Trust-MBS waiver sent on 7/9/2024, answer due 9/9/2024 filed on behalf of Bank of New York Trustee Under Pooling and Servicing Agreement Series 03-40 Corp Trust-MBS (Kunc, Hannah)
July 25, 2024 Filing 7 Attorney Appearance by Hannah E. Kunc and James W. Sandy filed by on behalf of Bank of New York Trustee Under Pooling and Servicing Agreement Series 03-40 Corp Trust-MBS, Nationstar Mortgage LLC. (Kunc, Hannah) Modified text on 7/26/2024 (S,SR).
July 22, 2024 Filing 6 Attorney Appearance by Jonathan P. Blakely filed by on behalf of Emily Baraona, Frank Baraona. (Blakely, Jonathan)
July 18, 2024 Filing 5 Waiver of Service Returned Executed by Nationstar LLC. Nationstar Mortgage LLC waiver sent on 7/9/2024, answer due 9/9/2024 filed on behalf of Nationstar Mortgage LLC. (Kunc, Hannah)
July 9, 2024 Filing 4 Corporate Disclosure Statement filed by SMS Financial CH, LLC. (Steinlage, Rachel)
July 9, 2024 Filing 3 Corporate Disclosure Statement filed by SMS Financial, LLC. (Steinlage, Rachel)
July 9, 2024 Filing 2 Magistrate Consent Form issued. Summons not provided and were not issued. (L,MI)
July 9, 2024 Judge Charles Esque Fleming assigned to case. (L,MI)
July 9, 2024 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jennifer Dowdell Armstrong. (L,MI)
July 8, 2024 Filing 1 Complaint for Foreclosure against All Defendants. Filing fee paid $ 405, Receipt number AOHNDC-12635788. Filed by SMS Financial, LLC and SMS Financial CH, LLC. (Attachments: #1 Exhibit A - Preliminary Judicial Report, #2 Exhibit B - Original Judgment, #3 Exhibit C - 2022 Leff Assignment, #4 Exhibit D - 2023 Leff Assignment, #5 Exhibit E - 2024 Ottawa Lien, #6 Exhibit F - PNC Judgment, #7 Exhibit G - Assignment of PNC Judgment, #8 Exhibit H - Ottawa PNC CJ, #9 Civil Cover Sheet). (Steinlage, Rachel)

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Search for this case: SMS Financial, LLC et al. v. Baraona et al.
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Plaintiff: SMS Financial CH, LLC
Represented By: Rachel L. Steinlage
Represented By: David M. Cuppage
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Plaintiff: SMS Financial, LLC
Represented By: Rachel L. Steinlage
Represented By: David M. Cuppage
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Defendant: Bank of New York Trustee Under Pooling and Servicing Agreement Series 03-40 Corp Trust-MBS
Represented By: James W. Sandy
Represented By: Hannah E. Kunc
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Defendant: Emily Baraona
Represented By: Jonathan P. Blakely
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Defendant: Frank Baraona
Represented By: Jonathan P. Blakely
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Defendant: Ottawa County Treasurer
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Defendant: Nationstar Mortgage LLC doing business as Mr. Cooper
Represented By: Hannah E. Kunc
Represented By: James W. Sandy
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