The Bank of New York Mellon v. Mendoza et al

Filing 10

MOTION by Plaintiff The Bank of New York Mellon for judgment EDGAR F. MENDOZA, ROSA M. MENDOZA (Attachments: # 1 Affidavit of Military Status by Julia M. Bochnowski, # 2 Affidavit of Attorney Fees by Julia M. Bochnowski, # 3 Affidavit of Debt by Denise V. Lundquist)(Bochnowski, Julia)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
THE BANK OF NEW YORK MELLON F/K/A
THE BANK OF NEW YORK AS SUCCESSOR
IN INTEREST TO JPMORGAN CHASE BANK, CASE NUMBER:1:12-cv-4962
N.A., AS TRUSTEE FOR THE BENEFIT OF THE
CERTIFICATEHOLDERS OF POPULAR ABS,
INC. MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-2
PLAINTIFF
VS.

DISTRICT JUDGE: Ruben Castillo

EDGAR F. MENDOZA, ROSA M. MENDOZA,

MAGISTRATE JUDGE: Young B. Kim

DEFENDANT(S).
AFFIDAVIT OF ATTORNEY'S FEES
735 ILCS 5/15-1506(a)(1)
Pursuant to 735 ILCS 5/15-1506(a)(1), the undersigned, being duly sworn, states and affirms
that the following facts by way of prove-up of the complaint:
1.
That he is the attorney for The Bank of New York Mellon f/k/a The Bank of New York as
successor in interest to JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders
of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2005-2.
2.
That he is familiar with the material allegations of the complaint heretofore filed in the above
entitled cause, and that those allegations are true in substance and in fact.
3.
Pursuant to the terms of the Note and Mortgage Deed, the Mortgage-Defendant is also obligated
to pay all the expenses of these foreclosure proceedings; the known expenses to date which the Plaintiff
has paid, or has become obligated to pay are as follows:
a. Process Server Expense: $140.00
b. Recording Expense: $104.00
c. Court Costs: $350.00
d. Attorneys Fees: $1,550.00
4.
That there are other charges which the Mortgagor-defendant is obligated to pay under the terms
of said Note and Mortgage Deed, and while these charges are not definitely ascertainable at this time,
provision for their payment and assessment should be made in the Judgment of Foreclosure.
5.
That the premises herein are commonly known as 2946 S. Briarwood Dr., Mt. Prospect, IL
60056.

6.

The attorney fees set forth above are reasonable for the following reasons:
a. The fee is based on the experience, reputation and ability of the lawyer or lawyers
performing the services and is similar to fees customarily charged in the locality for like
services; and
b. The amount at issue and the results obtained bear a reasonable relationship to the fee
claimed.
Respectfully submitted,
By:_____/s/ Julia M. Bochnowski

JULIA M. BOCHNOWSKI #6301499
Burke Costanza & Carberry LLP
225 W. Washington St, Suite 2200
Chicago, IL 60606
[phone]