Filed: Mar. 01, 2018
Latest Update: Mar. 01, 2018
Summary: PLAINTIFF'S RULE 55 MOTION FOR DEFAULT JUDGMENT AND FOR ENTRY OF JUDGMENT OF FORECLOSURE GARY FEINERMAN , District Judge . The United States of America, by John R Lausch Jr., United States Attorney for the Northern District of Illinois, moves this Honorable Court for an Order of Default Judgment pursuant to Federal Rule of Civil Procedure 55 and in support, states as follows: 1. Plaintiff initiated these proceedings on November 17, 2017, seeking a Judgment of Foreclosure and Sale. 2. Tha
Summary: PLAINTIFF'S RULE 55 MOTION FOR DEFAULT JUDGMENT AND FOR ENTRY OF JUDGMENT OF FORECLOSURE GARY FEINERMAN , District Judge . The United States of America, by John R Lausch Jr., United States Attorney for the Northern District of Illinois, moves this Honorable Court for an Order of Default Judgment pursuant to Federal Rule of Civil Procedure 55 and in support, states as follows: 1. Plaintiff initiated these proceedings on November 17, 2017, seeking a Judgment of Foreclosure and Sale. 2. That..
More
PLAINTIFF'S RULE 55 MOTION FOR DEFAULT JUDGMENT AND FOR ENTRY OF JUDGMENT OF FORECLOSURE
GARY FEINERMAN, District Judge.
The United States of America, by John R Lausch Jr., United States Attorney for the Northern District of Illinois, moves this Honorable Court for an Order of Default Judgment pursuant to Federal Rule of Civil Procedure 55 and in support, states as follows:
1. Plaintiff initiated these proceedings on November 17, 2017, seeking a Judgment of Foreclosure and Sale.
2. That the Defendant:
a. Kinda J Pellino was served by personal service on December 6, 2017 (see Docket Entry #8)
b. Morton Community Bank was served by corporate service on November 22, 2017 (see Docket Entry #9)
3. More than twenty one (21) days have elapsed since Defendants were served, and they have failed to answer, plead, or otherwise defend the allegations of the United States' Complaint.
4. Defendants' failure to defend and deny the allegations of the United States' complaint results in those allegations being admitted and the United States therefore moves the Court for the entry of Default Judgment.
5. Defendants are not currently on active duty in the United States Military. (See Affidavit as to Military Service attached as Exhibit A).
6. The United States' claim of damages is for a sum that is made certain by computation and is more specifically set forth in its supporting Judgment Affidavit. (See Affidavit of Amounts Due and Owing attached as Exhibit B; see Certificate of Prove-up of Foreclosure Fees and Costs attached as Exhibit C).
WHEREFORE, the United States moves this Honorable Court for an Order of Default Judgment of Foreclosure against the Defendants, Dawn M Berg, and for that amount as set forth and made certain in its Judgment Affidavit and Certificate of Prove-up of Foreclosure Fees and Costs.
AFFIDAVIT AS TO MILITARY SERVICE
I, the undersigned attorney, on oath state:
With respect to Defendant Kinda J Pellino n/k/a Kinda Skroblus a/k/a Kinda J Pellino-Skroblus, Plaintiff has contacted the U.S. Department of Defense regarding current military status. The U.S. Department of Defense has responded stating that based on the information furnished, the Defense Manpower Data Center does not possess any information indicating that the Defendant is currently on active duty in the U.S. Military.
With respect to any remaining Defendants, Plaintiff or its counsel is unable to check the military status for any Defendant that is not an obligor on the subject promissory note. The U.S. Department of Defense requires that an individual's S.S. number be utilized in order to conduct a search of an individual's military status. Plaintiff is only ever provided a S.S. number for the obligors on the promissory note, and does not have access to the S.S. number for any mortgagor that is not an obligor on the subject promissory note.
[X] Under penalties as provided by law pursuant to 735 ILCS 5/1-109 the above signed certifies that the statements set forth herein are true and correct.
AFFIDAVIT OF PROVE-UP PURSUANT TO 735 ILCS 5/15-1506
STATE OF ILLINOIS
SS.
COUNTY OFCHAMPAIGN
The undersigned, Lindsey Keyes (the "Affiant"), being first duly sworn on oath, deposes and states as follows:
1. I am over 18 years of age.
2. That I am competent to testify; that the facts herein are based upon my personal knowledge except as to those matters stated to be upon information and belief and as to those matters I believe them to be true and that if called to testify, I would testify in accordance with the facts herein set forth.
3. That I am the Rural Development Housing Program Director for the United States Department of Agriculture (hereafter "Plaintiff') and, in that capacity, I have reviewed (i) the Note (the "Notes") made the subject of Plaintiffs Complaint; (ii) the Mortgage (the "Mortgages") made the subject of Plaintiffs Complaint; (iii) relevant loan closing documentation obtained in connection with the execution and delivery of the Note and Mortgage; and (vii) the Plaintiff's books and records pertaining to the Note and Mortgage and based on the foregoing review, I state as follows:
A. That on September 14, 1994, Kinda J Pellino for value received, executed and delivered a Note, for value received to the United States Of America. See Exhibit B of the Complaint, Note, incorporated by reference herein.
B. That on September 14, 1994, Kinda J Pellino, a single person, for value received, executed and delivered a Mortgage to the United States of America which was recorded with the LaSalle County Recorder's Office on September 14, 1994 as Document Number 94-15118. See Exhibit A of the Complaint, Mortgage, incorporated by reference herein
C. Kinda J Pellino was the owner of the real estate, which is the subject of this foreclosure action, at the time the Note and Mortgage were executed and delivered.
E. The Defendant(s), Kinda J Pellino, defaulted under the terms of the Mortgage and the amount owed under the Notes was accelerated on April 15, 2015 as outlined in the Complaint and at Exhibit D of the Complaint, affidavit of Lindsey M Keyes, incorporated by reference herein.
F. The Note and Mortgage are in default due to Defendant's failure to comply with the terms of the Mortgages as detailed in Exhibit D of the Complaint and, as of February 8, 2018, there was due and owing to the Plaintiff the following sums, plus attorney's fees, title expenses, and court costs:
a. Principal balance due as of 2/8/2018: $ 47,132.63
b. Interest through 2/8/2018: $ 18,232.82
c. Pre-Acceleration late charges: $ (0.00)
d. Advances made by Plaintiff:
(i) Escrow balance/advance for
taxes and insurance: $ 16,383.75
(ii) property inspection fee: $ 160.00
(iii) property maintenance: $ 650.00
(iv) appraisal/BPO: $ (0.00)
(v) miscellaneous foreclosure expense $ (0.00)
Total advances: $ 17,193.75
1. Suspense Balance: ($0.00)
Total balance due as of 2/8/2018: $ 82,559.20
G. Plaintiff is entitled to accrued interest at the rate set forth in the Notes, to the date of Judgment, at the rate of $14.099 per diem.
4. Defendant(s) Kinda J Pellino n/k/a Kinda Skroblus a/k/a Kinda J Pellino-Skroblus is not known by Affiant to be an infant, incompetent or in the miliary service.
5. This affidavit is made in support of a Judgment of Foreclosure and Sale in favor of Plaintiff.
6. Further Affiant sayeth not.
I AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE FOREGOING REPRESENTATIONS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
United States of America
USDA, Rural Development
Date: February 8, 2018 _____________________________
LINDSEY M. KEYES
Its Authorized Representative
STATE OF ILLINOIS
SS.
COUNTY OF CHAMPAIGN
SUBSCRIBED AND SWORN to before me this 8th day of February, 2018.
________________________________
Meleah L. Smith, Notary Public
State of Illinois, All Counties
My commission expires: 5/13/2019
Acting in the County of Champaign
CERTIFICATE OF PROVE-UP OF FORECLOSURE FEES AND COSTS
I, the undersigned, an attorney with Potestivo & Associates, P.C., Attorneys for Plaintiff, in support of Plaintiff's motion for Judgment of Foreclosure herein, do hereby state that I have personal knowledge of the following facts, and do, therefore, certify as follows:
1. The following court costs and expenses were incurred by Plaintiff herein and ought to be assessed as costs and expenses as provided in the subject mortgage and note:
Fees & costs of suit:
(i) Title Commitment Costs $150.00
(ii) Costs for service of Process on $307.50
Defendants:
(iii) Recording/Certification Costs: $66.50
(iv) Judicial Foreclosure Attorney Fees: $2,750.00
Total fees & costs of suit: $3,274.00
2. That the foreclosure attorney's fees stated in paragraph 1 will be, or have been received by Potestivo & Associates, P.C. and the request for attorney's fees is reasonable in that:
a. Based upon the experience, reputation and ability of the lawyer or lawyers performing the services; the skill requisite to perform the services properly; and the fees customarily charged in the locality for like services, the fees charged in this case are reasonable.
b. The fee charged was reasonable required to perform the legal services actually rendered.
c. The amount at issue and the results obtained bear a reasonable relationship to the fee claimed.
3. Under penalties as provided by law pursuant to Section 5/1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true.
