Federal Deposit Insurance Corporation v. Baba et al

Filing 56

MOTION by Plaintiff Phoenix for judgment of foreclosure and sale (Franco, Sandra)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
PHOENIX REO, LLC, as assignee of Phoenix NPL,)
LLC, assignee of the Federal Deposit Insurance
)
Corporation, as Receiver for The National Republic )
Bank of Chicago,
)
Plaintiff,
)
)
v.
)
)
ALBERT BABA, MARGRIT BABA, PAP, INC., )
UNKNOWN OWNERS and NONRECORD
)
CLAIMANTS,
)

Case No. 2014 CV 08629

PLAINTIFF’S MOTION FOR
ENTRY OF JUDGMENT OF FORECLOSURE AND SALE
PHOENIX REO, LLC, as assignee of Phoenix NPL, LLC, assignee of the Federal
Deposit Insurance Corporation, as Receiver for The National Republic Bank of Chicago
(“Plaintiff”), by and through its attorney, Sandra A. Franco of Arnstein & Lehr LLP, moves
pursuant to Section 735 ILCS 5/15-1506 of the Illinois Mortgage Foreclosure Law for the entry
of a Judgment of Foreclosure and Sale in its favor and against Albert Baba, Margrit Baba, Pap,
Inc, Unknown Owners and Nonrecord Claimants and in support thereof, states as follows:
1.

Plaintiff filed its Complaint for Mortgage Foreclosure and Other Equitable Relief

(the “Complaint”) on October 14, 2014. The Complaint seeks foreclosure of the “Mortgage” and
“Security Agreement” (as that term is defined in the Complaint).
2.

Concurrently with this Motion for Entry of Judgment of Foreclosure and Sale, this

Court entered a default order against Margrit Baba, Unknown Owners and Nonrecord Claimants
for its failure to defend or deny the allegations set forth in the Complaint. This Court has also
concurrently a pending motion for summary judgment against Albert Baba and Pap, Inc.

112548845.1

3.

Plaintiff’s claim for damages is for a sum that is made certain by computation and

is more specifically set forth in Plaintiff’s L.R. 56.1 Statement of Undisputed Facts, Exhibit C Affidavit of Amounts Due and Owing, and expressly incorporated herein. [Dkt. No. 38, Pl. St.,
Exhibit C].
4.

Plaintiff’s attorneys’ fees and court costs are more specifically set forth in

Plaintiff’s L.R. 56.1 Statement of Undisputed Facts, Exhibit D - Affidavit of Attorneys’ Fees and
Costs, and expressly incorporated herein. [Dkt. No. 38, Pl. St., Exhibit D].
5.

Plaintiff’s Loss Mitigation Affidavit is attached hereto as Exhibit A, and expressly

incorporated herein.
6.

Based on the foregoing, Plaintiff is entitled to a Judgment of Foreclosure and Sale

as a matter of law.
Plaintiff, PHOENIX REO, LLC, as assignee of Phoenix NPL, LLC, assignee of the
Federal Deposit Insurance Corporation, as Receiver for The National Republic Bank of Chicago,
respectfully requests that this Honorable Court enter an order for Judgment of Foreclosure and
Sale; and for such other and further relief this Honorable Court deems just and proper.
Respectfully submitted,
PHOENIX REO, LLC, as assignee of
Phoenix NPL, LLC, assignee of the Federal
Deposit Insurance Corporation, as Receiver
for The National Republic Bank of Chicago,
Sandra A. Franco (#6286182)
ARNSTEIN & LEHR LLP
Attorney for Plaintiff
120 South Riverside Plaza, Suite 1200
Chicago, Illinois 60606
Telephone-312.876.7148
Facsimile-312.876.6277
[e-mail]

By: /s/ Sandra A. Franco
One of its attorneys

2

112548845.1

EXHIBIT A