Bank of Hope as successor to Foster Bank v. Suh et al

Filing 14

MOTION by Plaintiff Bank of Hope as successor to Foster Bank for default judgment as to Min S. Suh and Angela Suh, MOTION by Plaintiff Bank of Hope as successor to Foster Bank for judgment of Foreclosure and Sale (Attachments: # 1 Exhibit A-B)(Wright, Alexander)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
Bank of Hope, successor to Foster Bank,
Plaintiff,
v.
Min S. Suh and Angela Suh,
Defendants.

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No:

17-cv-02116

Honorable Samuel Der-Yeghiayan
Property:

2360-2400 Walnut Ave.,
Hanover Park, IL 60133

Commercial

PLAINTIFF’S RULE 55(b) MOTION FOR DEFAULT JUDGMENT
AND FOR JUDGMENT OF FORECLOSURE AND SALE
NOW COMES the Plaintiff, Bank of Hope, successor to Foster Bank, by and through
Ashen|Faulkner, its attorneys, and in support of its Motion for Default Judgment and Judgment of
Foreclosure and Sale pursuant to Rule 55(b) of the Federal Rules of Civil Procedure, states as follows:
1.

On March 17, 2017, Plaintiff filed its Complaint to Foreclose Mortgage and for Other

Relief, seeking to foreclose its commercial mortgage (“Mortgage”) on the property commonly known
as 2360-2400 Walnut Ave., Hanover Park, IL 60133 (“Property”). The Mortgage secures a note
executed by Min S. Suh and Angela Suh (collectively, “Borrowers”) in favor of Plaintiff. See Docket
No. 1.
2.

On May 3, 2017, Plaintiff presented its Rule 55 Motion for Entry of Order of Default

(“Default Motion”), alleging that Borrowers had been duly served, and had failed to appear before this
Court as required by the Federal Rules of Civil Procedure. See Docket No. 11.
3.

Plaintiff’s Default Motion was granted, and on May 3, 2017, this Court entered an

order of default against Borrowers and continued this matter for prove-up. See Docket No. 13.
4.

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

more specifically set forth in its supporting Judgment Affidavit attached hereto as “Exhibit A” and

affidavit of attorneys’ fees and cost attached hereto as “Exhibit B.”
5.

Borrowers’ failure to defend and deny the allegations of Plaintiff’s complaint results in

those allegations being admitted and Plaintiff therefore moves the Court for the entry of Default
Judgment and Judgment of Foreclosure and Sale.
WHEREFORE, the Plaintiff respectfully requests that this Court enter an (i) Order of Default
Judgment and Judgment of Foreclosure and Sale for that amount set forth and made certain in its
Judgment Affidavit, (ii) award Plaintiff its reasonable expenses, and (iii) grant such further or other
relief as the Court may deem just or equitable.

Dated: June 6, 2017

Respectfully submitted,
ASHEN|FAULKNER
By:

/S/Alexander Wright_____
Alexander N. Wright
Attorney for Bank of Hope

217 N. Jefferson St., Suite 601
Chicago, Illinois 60661
312.655.0800 / Atty. No.: 6314304
[e-mail]