Filed: Sep. 14, 2017
Latest Update: Sep. 14, 2017
Summary: MOTION FOR ENTRY OF JUDGMENT OF FORECLOSURE IAIN D. JOHNSTON , Magistrate Judge . The United States of America, by its attorney Joel R Levin, Acting United States Attorney for the Northern District of Illinois moves for the Entry of a Judgment of Foreclosure. Plaintiff's claim of damages is for a sum that is made certain by computation and is more specifically set forth in its supporting Judgment Affidavit. (Ex. A, Affidavit of amounts due and owing and Ex. B, Certificate of prove-up of f
Summary: MOTION FOR ENTRY OF JUDGMENT OF FORECLOSURE IAIN D. JOHNSTON , Magistrate Judge . The United States of America, by its attorney Joel R Levin, Acting United States Attorney for the Northern District of Illinois moves for the Entry of a Judgment of Foreclosure. Plaintiff's claim of damages is for a sum that is made certain by computation and is more specifically set forth in its supporting Judgment Affidavit. (Ex. A, Affidavit of amounts due and owing and Ex. B, Certificate of prove-up of fo..
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MOTION FOR ENTRY OF JUDGMENT OF FORECLOSURE
IAIN D. JOHNSTON, Magistrate Judge.
The United States of America, by its attorney Joel R Levin, Acting United States Attorney for the Northern District of Illinois moves for the Entry of a Judgment of Foreclosure.
Plaintiff's claim of damages is for a sum that is made certain by computation and is more specifically set forth in its supporting Judgment Affidavit. (Ex. A, Affidavit of amounts due and owing and Ex. B, Certificate of prove-up of foreclosure fees and costs).
WHEREFORE, the United States moves this Honorable Court for entry of a Judgment of Foreclosure, and for that amount as set forth and made certain in its Judgment Affidavit and Certificate of Prove-up of Foreclosure Fees and Costs.
Respectfully submitted,
JOEL R LEVIN
Acting United States Attorney
Ashley K Rasmussen
Attorney for the United States
arasmussen@potestivolaw.com
223 W. Jackson Blvd., Suite 610
Chicago, Illinois 60606
(312) 263-0003
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION
UNITED STATES OF AMERICA, ON BEHALF OF ITS
AGENCY, RURAL HOUSING SERVICE OR SUCCESSOR
AGENCY, UNITED STATES DEPARTMENT OF
AGRICULTURE,
Case No. 16-cv-50292
Plaintiff,
Judge Frederick J Kapala
v.
Magistrate Judge
TAMMY SAUCEDO; THE HARVARD STATE BANK; Iain D Johnston
UNKNOWN OWNERS AND NON-RECORD CLAIMANTS,
Defendants.
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 Plaintiff's Complaint; (ii) the Mortgage (the "Mortgages") made the subject of Plaintiff's 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 December 3, 2002, Tammy Saucedo for value received, executed and delivered a Note, for value received to the UNITED STATES OF AMERICA. See Exhibit A, Note.
B. That on December 3, 2002, Tammy Saucedo (a divorced person, not since remarried), for value received, executed and delivered a Mortgage to the United States of America which was recorded with the McHenry County Recorder's Office on December 11, 2002 as Document Number 2002R0117131. See Exhibit B, Mortgage.
C. Tammy Saucedo was the ownersof the real estate, which is the subject of this foreclosure action, at the time the Note and Mortgage was executed and delivered.
E. The Defendant(s), Tammy Saucedo, defaulted under the terms of the Mortgage and the amount owed under the Notes was accelerated on December 6, 2014 as outlined in the Complaint and at Exhibit D of the Complaint, affidavit of Dana A Daugherty, incorporated herein by reference.
F. The Notes and Mortgages 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 August 14, 2017, 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 8/14/2017: $159,383.32
b. Interest through 8/14/2017: $ 40,019.72
c. Pre-Acceleration late charges: $ 389.46
d. Advances made by Plaintiff:
(i) Escrow balance/advance for
taxes and insurance: $ 21,273.29
(ii) property inspection fee: $ 0.00
(iii) property maintenance: $ 0.00
(iv) appraisal/BPO: $ 300.00
(v) miscellaneous foreclosure expense $ 0.00
Total advances: $ 21,573.29
1. Suspense Balance: ($0.00)
Total balance due as of 8/14/2017: $221,365.79
G. Plaintiff is entitled to accrued interest at the rate set forth in the Notes, to the date of Judgment, at the rate of $29.7464 per diem.
4. Defendant(s) Tammy Saucedo 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: August 14, 2017 By: ______________________________
Its Authorized Representative
STATE OF ILLINOIS )
) SS.
COUNTY OF CHAMPAIGN )
SUBSCRIBED AND SWORN to before me this 14th day of August 2017.
Meleah L. Smith, Notary Public
State of Illinois, County of Champaign
My commission expires: 5/13/2019
Acting in the County of Champaign
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
UNITED STATES OF AMERICA, ON
BEHALF OF ITS AGENCY, RURAL
HOUSING SERVICE OR SUCCESSOR
AGENCY, UNITED STATES
DEPARTMENT OF AGRICULTURE, No. 16-cv-50292
Plaintiff
v. Judge Johnston
TAMMY SAUCEDO,
Defendant.
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 $350.00
(ii) Costs for service of Process on
Defendants: $130.00
(iii) Recording/Certification Costs: $40.00
(iv) Judicial Foreclosure Attorney Fees: $1,300.00
Total fees & costs of suit: $1,820.00
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.
Ashley K Rasmussen
Attorney for the United States
arasmussen@potestivolaw.com
223 W. Jackson Blvd., Suite 610
Chicago, Illinois 60606
(312) 263-0003
