MOTION FOR JUDGMENT OF FORECLOSURE AND SALE

SIDNEY I. SCHENKIER, Magistrate Judge.

NOW COMES the Plaintiff, PNC Bank, National Association, successor in interest via merger to National City Bank, successor in interest via merger to Mid America Bank, FSB, by its attorneys Crowley & Lamb, P.C., and moves the Court for the entry of a Judgment of Foreclosure and Sale in its favor and against the Defendant(s):

and as grounds thereof state:

As appears from the Affidavit of Plaintiff placed on file in support of this Motion attached hereto as Exhibit "A", and from the pleadings and admissions on file, there is no genuine issue as to any material fact, and the Plaintiff is entitled to a Judgment of Foreclosure and Sale in this case as a matter of law.

AFFIDAVIT OF MORTGAGEE IN SUPPORT OF THE MOTION FOR JUDGMENT OF FORECLOSURE AND SALE

I, James Rhea, being first duly sworn on oath deposes and states that if sworn as a witness would testify as follows:

1. That I have personal knowledge of the facts stated in this Affidavit and if sworn as a witness I could testify competently thereto.

2. That I am a Commercial Banking Officer of the Asset Resolution Team of PNC Bank, National Association, successor in interest via merger to National City Bank, successor in interest via merger to Mid America Bank, FSB, and that in such capacity I am familiar with the books and records of the Plaintiff; I have personally examined the same; and I am duly authorized to make this Affidavit on behalf of the Plaintiff.

3. That this Affidavit is made pursuant to 735 ILCS 5/15-1506(a) for the purpose of proving and verifying the facts alleged in the Complaint herein.

4. That all of the allegations of the Complaint on file herein are true and of my own personal knowledge.

5. That I am familiar with the instrument to be foreclosed: Mortgage executed on April 12, 2007, by Carmar D. Wooten-Burroughs, Trustee of Trust Agreement dated January 1, 1991 and known as The Carmar D. Wooten-Burroughs Trust Number 1, as Mortgagor, to Mid America Bank, FSB, as Mortgagee, and recorded May 18, 2007, against the Property commonly known as 649 Jeffery Avenue, Calumet City, IL 60409 to secure indebtedness in the sum of $175,000.00 as evidenced by a Note executed by Carmar D. Wooten-Burroughs, Trustee of Trust Agreement dated January 1, 1991 and known as The Carmar D. Wooten-Burroughts Trust Number 1 and personally guaranteed by Carmar D. Wooten-Burroughs via a Personal Guarantee executed by her on April 12, 2007. Copies of the Mortgage, Note, Loan Histories, and Personal Guarantee have been attached as Exhibits "A", "B", "C" and "D" and are true copies of the original documents.

6. That PNC Bank, National Association is the legal holder of said Note and the Mortgage given as security therefore.

7. That the real estate conveyed by the Mortgages was fee simple.

8. That I am familiar with the books of original entry and accounts maintained by PNC Bank, National Association, for the collection due on the Note.

9. That I am familiar with the current status of the mortgage account.

10. That a default occurred for failure to make the monthly payments under the terms of the Note since June 22, 2010, and at any time thereafter and for failure to pay the general real estate taxes for the years 2007 through 2011.

11. That by reason of these defaults Plaintiff has elected to accelerate the debt thereby claiming the entire balance due under the terms of said Note and Mortgage and authorized the filing of this foreclosure suit.

12. That said default(s) has/have not been cured under the provisions of Section 15-1602 of the Illinois Mortgage Foreclosure Law (735 ILCS 5/15-1602).

13. That there is due and owing to the Plaintiff the following amounts:

WHEREFORE, affiant further sayeth naught.

I, James Rhea, being first duly sworn on oath, state that I have read the foregoing Affidavit and believe the contents therein are true, in substance and fact.

EXHIBIT A

EXHIBIT B

EXHIBIT C

EXHIBIT D