Federal Deposit Insurance Corporation v. Baba et al
Filing
68
MOTION by Plaintiff Phoenix NPL LLC 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.
)
Case No. 2014 CV 08643
)
ALBERT BABA, MARGRIT BABA, PAP, INC., )
UNKNOWN OWNERS and NONRECORD
)
CLAIMANTS,
)
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. On June 26, 2015, Plaintiff filed an Amended Complaint
for Mortgage Foreclosure and Other Equitable Relief (“Amended Complaint”), The Amended
Complaint and Complaint seeks foreclosure of the “Mortgage” and “Security Agreement” (as
that term is defined in the Amended Complaint 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 Amended Complaint. This Court
112559309.1
has also concurrently entered an order for summary judgment in favor of Plaintiff and against
Albert Baba and Pap, Inc.
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 D Affidavit of Amounts Due and Owing, and expressly incorporated herein. [Dkt. No. 52, P. St.,
Exhibit D].
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 E - Affidavit of Attorneys’ Fees and
Costs, and expressly incorporated herein. [Dkt. No. 52, Pl. St., Exhibit E]
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
sfranco@arnstein.com
By: /s/ Sandra A. Franco
One of its attorneys
2
112559309.1
EXHIBIT A
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?