MOTION FOR JUDGMENT ON THE NOTE (COUNT II)
NOW COMES the Plaintiff, PNC Bank, National Association, Successor In Interest Via Merger to National City Bank, Successor In Interest Via Merger to National City Bank of the Midwest by its attorneys Crowley & Lamb, P.C., and moves the Court for the entry of a Judgment on the Note (Count II) in its favor and against the Defendant(s):
KD Transport Inc., an Illinois Corporation 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 on the Note in Count II in this case as a matter of law.
By One of the Attorneys for PNC Bank, National Association, Successor In Interest By Merger To National City Bank, Successor In Interest By Merger To National City Bank Of The Midwest
EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
PNC Bank, National Association, Successor In Interest
By Merger To National City Bank, Successor In Interest
By Merger To National City Bank Of The Midwest,
Plaintiff,
Case No. 15 cv 04274
v.
Assigned Judge: Sharon Johnson Coleman
KD Transport, Inc., An Illinois Corporation;
J & D Brokerage, Inc., An Illinois Corporation,
Magistrate Judge: Susan E. Cox
Defendants.
AFFIDAVIT OF MORTGAGEE IN SUPPORT OF THE MOTIONS FOR JUDGMENT OF FORECLOSURE AND SALE (COUNT 1) AND JUDGMENT ON THE NOTE (COUNT II)
I, Kenneth R. Hyde, Jr., being first duly sworn on oath deposes and states that if sworn as a witness would testify as follows:
1. I have personal knowledge of the facts stated in this Affidavit and if sworn as a witness I could testify competently thereto.
2. I am an Officer of the Commercial Banking-Asset Resolution Team of PNC Bank, National Association, successor in interest via merger to National City Bank, successor in interest via merger to National City Bank of the Midwest ("Plaintiff" or "PNC") 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. This Affidavit is made pursuant to 735 ILCS 5/15-1506(a) for the purpose of proving and verifying the facts alleged in Counts I and II of the Complaint herein.
4. All of the allegations of the Complaint on file herein are true and of my own personal knowledge.
5. On or about July 22, 2006, National City Bank of the Midwest merged into National City Bank and on or about November 6, 2009, National City Bank merged into PNC Bank National Association
6. I am familiar with the instrument to be foreclosed, a Mortgage executed on July 26, 2005, by KD Transport Inc., an Illinois Corporation ("KD") as Mortgagor in favor of Plaintiff as Mortgagee and recorded against the Property commonly known as 3234 211th Street, Lynwood, Illinois 60411 (the "Property") and recorded with the Cook County Recorder of Deeds on August 5, 2005, as Document No. 0521733064. A true copy of this Mortgage is attached to Plaintiff's Complaint as Exhibit C.
7. This Mortgage secures a loan in the original principal amount of $157,250.00 as evidenced by a Promissory Note executed by KD in favor of the Plaintiff on or about July 26, 2005, in the principal amount of $157,250.00 ("July 26, 2005, Note") which was modified by a Note Modification Agreement dated September 18, 2008, which extended the maturity date to October 26, 2008, and which July 26, 2005, Note was amended by a Promissory Note executed by KD in favor of Plaintiff dated October 26, 2008, in the amount of $143,044.70 with a maturity date of March 26, 2010, ("October 26, 2008, Note"). True and correct copies of the July 26, 2005, Note, the Note Modification Agreement dated September 18, 2008, and the October 26, 2008, Note (collectively the "Note") have been attached to Plaintiff's Complaint as Group Exhibit B.
8. On or about March 26, 2014, Plaintiff and KD entered into a Forbearance Agreement And Amendment To Loan Documents ("Forbearance Agreement") wherein Plaintiff agreed to forbear from the exercise of its respective rights and remedies to accelerate the loan as it had matured by its own terms on March 26, 2010, without satisfaction. The Forbearance Agreement contained a termination date of March 26, 2015. A true and correct copy of this Forbearance Agreement has been attached to the Plaintiff's Complaint as Exhibit C.
9. PNC Bank, National Association, successor in interest via merger to National City Bank, successor in interest via merger to National City Bank of the Midwest is the legal holder of the Note and the Mortgage given as security therefore.
10. The real estate conveyed by the Mortgage was fee simple.
11. I am familiar with the books of original entry and accounts maintained by PNC Bank, National Association, successor in interest via merger to National City Bank, successor in interest via merger to National City Bank of the Midwest for the collection due on the Note.
12. I am familiar with the current status of the mortgage account.
13. A default occurred under the terms of the Note and Forbearance Agreement based on KD Transport's failure to pay the outstanding balance of the loan in full upon the March 26, 2015, termination date.
14. By reason of this default Plaintiff has elected to accelerate the debt thereby claiming the entire balance due under the terms of the Note and Mortgage and authorized the filing of this litigation
15. This default has not been cured under the provisions of Section 15-1602 of the Illinois Mortgage Foreclosure Law (735 ILCS 5/15-1602).
16. Attached hereto as Exhibits A, B, C and D are true and correct copies of the Mortgage, Note, Forbearance Agreement, and the Payoff Statement/Loan History relied upon by affiant in making this Affidavit.
17. The Loan History is generated by a computer system that is used by PNC to track payments made towards accounts, interest calculations for amounts due and owing on accounts, update balances due on accounts and in order to track, maintain and calculate all amounts due and owing on any PNC account.
18. The computer program has always been found to be both accurate and reliable in calculating the amounts due and owing on any PNC account.
19. When payments towards accounts are received by PNC, employees of PNC credit the payments to the appropriate accounts. In the same manner, when charges are made against an account, employees of PNC debt the appropriate accounts.
20. This payment and debit information entered into the computer program is set forth in the Loan History. It is entered into the computer program in the ordinary course of business by PNC and its details of all of the transactions that occur relating to the specific account for the history of the account.
21. It is the regular course of business for PNC to make the memoranda set forth in said Loan History at the time of its occurrence or within a reasonable time thereafter. Further, the memoranda are not made in anticipation of litigation.
22. It is the Loan History and the records set forth therein upon which I relied in making this Affidavit on behalf of PNC.
23. That there is due and owing to the Plaintiff the following amounts:
LOAN BALANCE THROUGH DECEMBER 10, 2015:
Principal Balance $83,882.55
Interest $ 498.48
Late Charges $ 3,022.26
Appraisals $ 3,457.00 $ 90,860.29
Per Diem: $11.07
FORECLOSURE COSTS:
Federal Clerk $ 400.00
Cook County Clerk $ 59.00
Service $ 325.00
Recorder $ 50.00
Mail $ 41.35
Photocopies $ 5.60
Minutes of Foreclosure $ 325.00
Illinois Secretary of State $ 10.00 $ 1,215.95
SUBTOTAL LOAN BALANCE AND COSTS $ 92,076.24
Attorney Fees — Crowley & Lamb, P.C. through November 30, 2015 $ 10,962.53
TOTAL $103,038.77
WHEREFORE, affiant further sayeth naught.
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
