First-Citizens Bank & Trust Company v. Vogt et al
MOTION by Plaintiff First-Citizens Bank & Trust Company for judgment of Foreclosure and Other Relief (Attachments: # 1 Exhibit A)(Collen, John)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
First-Citizens Bank & Trust Company, a
North Carolina chartered commercial
bank, as successor in interest to Temecula
Cynthia J. Vogt a/k/a Cynthia Vogt, an
individual, Clarence B. Vogt, an individual,
Vogt Enterprise, Inc., an Illinois corporation,
Smart Bros. Inc., an Illinois corporation, and
Dearborn Wholesale Grocers, L.P., an Illinois
Case No. 15 cv 07485
Judge John J. Tharp, Jr.
PROPOSED JUDGMENT FOR FORECLOSURE AND
ORDER REGARDING SUBORDINATED STATUS OF
DEFENDANT SMART BROS.’ INTEREST, IF ANY, IN REAL ESTATE
THIS MATTER having come before the Court on First-Citizens Bank & Trust Company’s
(“First-Citizens”) Motion for Entry of Judgment for Foreclosure and Other Relief (“Motion”);
THE COURT HEREBY FINDS:
The Court has jurisdiction over this matter, pursuant to, without limitation, 28
Due and proper notice of the Motion has been given to the Defendants.
The Court has reviewed the Motion, and has been advised in open Court by
counsel for the Receiver, and counsel for First-Citizens.
The allegations of the Motion are uncontested; further, the allegations are also
supported by the record in this case.
For the reasons set forth in the Motion, First-Citizens is entitled to the relief it
seeks in the Motion.
WHEREFORE, it is hereby ORDERED, ADJUDGED AND DECREED:
A judgment of foreclosure is hereby entered in favor of First-Citizens and against
Defendants Cynthia J. Vogt, Clarence B. Vogt, Vogt Enterprises, and Dearborn Wholesale
Grocers, LP, and their respective right, title and interest in the Real Property legally described in
the Complaint and commonly known as 3201 N. Lewis Avenue in Waukegan, Illinois (the “Real
Property”) is hereby extinguished.
The interest, if any, of Defendant Smart Bros. Inc. in the Real Property is wholly
subordinate and inferior to the valid and perfected first and prior mortgage of Plaintiff FirstCitizens Bank and Trust Company.
This order is a final order, and not interlocutory, with respect to the matters
Nothing herein shall be construed relief sought by the Receiver in his Motion to
Approve Sale of the Real Property to the Stalking Horse Purchaser.
United States District Court Judge
Order Prepared By:
John Collen, ARDC No. 03127874
150 North Michigan Ave.; Suite 3300
Chicago, Illinois 60601
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