First Bank v. Lechien et al

Filing 45

CLERK'S JUDGMENT (NJR/bkl) in favor of First Bank against Keith E. Beyersdorfer, Sally A. Beyersdorfer. Approved by Judge J. Phil Gilbert on 2/20/14. (bkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
FIRST BANK, a Missouri corporation,
Plaintiff,
vs.

Case No. 13-cv-353- JPG-SCW

E. LECHIEN, AS TRUSTEE OF STONE
CASTLE LAND TRUST; SALLY A.
BEYERSDORFER; and KEITH E.
BEYERSDORFER,
Defendants.
JUDGMENT
For the reasons set forth in the Court’s order entered on January 28, 2014 (Doc. 43),
plaintiff is entitled to Judgment on its Complaint.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that a judgment of
foreclosure and sale is hereby granted to plaintiff and against defendants, Sally A. Beyersdorfer
and Keith E. Beyersdorfer, pursuant to Count I of plaintiff’s Complaint.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that plaintiff shall have
and recover of defendant, Sally A. Beyersdorfer, the sum of $299,986.45 and judgment for such
amount is hereby entered against her on Count II of plaintiff’s Complaint. The amount of such
judgment is calculated as follows:
Principal (as of 1/29/2014)
Interest (as of 1/29/2014)
Late Charges (as of 1/29/2014)
Appraisal Fees
Attorney fees (as of 9/6/2013)
Costs (as of 9/6/2013)

$204,942.36
74,764.45
14,787.84
1,854.00
2,495.00
1,142.80

TOTAL

$299,986.45

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that plaintiff shall have
and recover of defendant, Keith E. Beyersdorfer, the sum of $299,986.45 and judgment for such
amount is hereby entered against him on Count III of plaintiff’s Complaint. The amount of such
judgment is calculated as indicated above.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED as follows:
A.

Unless there shall be paid to plaintiff within three months from the date this

Judgment is entered the sum of $299,986.45, together with interest thereon and advances and
expenses, including reasonable attorney fees, if any, allowed to plaintiff hereafter, the interest of
defendants and of anyone claiming by, through or under them in or to the mortgaged real estate
shall be foreclosed and deemed terminated, and such real estate, together with all improvements
thereon and appurtenances thereto, shall be sold at public sale to the highest and best bidder by
the United States Marshal, or his designated agent, at such time and place as may hereafter be
designated by the Marshal on request of plaintiff, on the terms and in the manner hereinafter set
forth. Because none of the defendants resides on the mortgaged real estate, such real estate is not
"residential" within the meaning of 735 ILCS 5/15-1219. Therefore, the applicable redemption
period is the longer of six months from the date all of the defendants were served with summons
or three months from date of entry of this judgment of foreclosure. The three month redemption
period prescribed above is longer of those periods, in that the latest date all defendants were
served with summons was April 30, 2013. The mortgaged real estate is more particularly
described as follows:
LOTS 1, 2, AND 3 OF STONE CASTLE ESTATES BEING PART OF
THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 2
NORTH, RANGE 7 WEST, OF THE THIRD PRINCIPAL MERIDIAN,
CITY OF O’FALLON, ST. CLAIR COUNTY, ILLINOIS, REFERENCE
BEING HAD TO THE PLAT THEREOF RECORDED IN THE

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RECORDER’S OFFICE OF ST. CLAIR COUNTY, ILLINOIS, IN
BOOK OF PLATS 102 ON PAGE 33.
EXCEPT COAL, GAS AND OTHER MINERAL RIGHTS EXCEPTED
OR RESERVED IN PRIOR CONVEYANCES.
SITUATED IN ST. CLAIR COUNTY, ILLINOIS.
PERMANENT PARCEL NOS.:

B.

04-08-0-301-045 (LOT 1);
04-08-0-301-044 (LOT 2);
04-08-0-301-043 (LOT 3).

Plaintiff shall give notice of the sale by publishing a notice in the form set forth in

Exhibit A hereof in a secular newspaper circulated to the general public in St. Clair County,
Illinois, in the section of that newspaper where legal notices are commonly placed and also in the
section of that newspaper where real estate other than real estate being sold as part of legal
proceedings is commonly advertised for sale to the general public. The legal description of the
premises may be omitted from the notice published in the section of the newspaper where real
estate not being sold as part of legal proceedings is commonly advertised for sale. The Notice of
Sale shall be published in such newspaper at least four (4) consecutive calendar weeks, once in
each week, the first such notice to be published not more than forty-five (45) days prior to the
date of sale and the last notice to be published not less than seven (7) days prior to the date of
sale. No other notice, including posting, shall be required. In the event of adjournment of the
sale, notice of the adjourned sale shall be given as directed by the Officer conducting the sale at
the time of any such adjournment.
C.

The person named in the Notice of Sale to be contacted for information about the

property to be sold shall not be required to provide any information other than that set forth in
the Notice of Sale.

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D.

The Officer conducting the sale shall solicit verbal bids at the time and place of

the sale. The real estate shall be sold as is, without any warranty, subject to easements and
restrictions of record as of the date this case became lis pendens, general taxes and special
assessments, if any, to the highest and best bidder. Payment shall be made at the time of sale by
cash, cashier’s check or personal check accompanied by an irrevocable letter of credit issued by
an Illinois Banking Corporation or a National Banking Association doing business in this
Judicial District, unless plaintiff is the successful bidder at the sale, in which case plaintiff may
set off against the purchase price to be paid the amounts due plaintiff under this judgment. Upon
full payment of the purchase price, the Officer conducting the sale may issue or order to be
issued a Certificate of Sale to the successful bidder, in accordance with 735 ILCS 5/15-1507.
E.

The Officer conducting the sale shall promptly make a report to the Court, which

report shall include a copy of all Receipts of Sale. Thereafter, on motion of plaintiff or any other
party in interest, a hearing shall be conducted to confirm the sale.
F.

The proceeds of sale shall be distributed in the following order of priority:
1.
2.

Payment of reasonable expenses incurred by plaintiff of securing
possession before sale, holding, maintaining, and preparing the property
for sale, including payment of taxes and other governmental charges,
premiums on hazard and liability insurance, management fees, reasonable
attorney fees and other legal expenses incurred by plaintiff;

3.

Payment of the amounts found due plaintiff in this judgment;

4.
G.

Payment of reasonable expenses of sale;

The surplus, if any, to the defendants, as hereafter ordered by the Court.

Upon confirmation of the sale and payment of the purchase price and any other

amounts required to be paid by the purchaser, the Officer conducting the sale shall promptly
issue a Deed to the holder of the Certificate of Sale (or, if none is issued, the Receipt of Sale).

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H.

The Court retains jurisdiction of the subject matter of this cause and all parties for

the purpose of enforcing this Judgment. The Court expressly finds there is no just reason for
delay.

NANCY J. ROSENSTENGEL, CLERK
DATED:
Approved:

s/Brenda K. Lowe
Deputy Clerk

February 20, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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EXHIBIT A
NOTICE OF PUBLIC SALE
PUBLIC NOTICE is hereby given that, pursuant to a Judgment of Foreclosure entered in
the above entitled cause on _____________________, 2014, the property hereinafter described
will be sold at public sale on the date and at the time and place set forth below.
1.
The name, address and telephone number of the person to contact for information
regarding the property are:
First Bank
M1-199-067
600 James S. McDonnell Blvd.
Hazelwood, MO 63042
Attn: Stefani Drury
[phone]
2.
The common addresses and other common descriptions, if any, of the real estate
to be sold are:
103, 107 and 111 Fortress Drive, O’Fallon, Illinois
3.

The legal description of the real estate to be sold is:
LOTS 1, 2, AND 3 OF STONE CASTLE ESTATES BEING PART OF
THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 2
NORTH, RANGE 7 WEST, OF THE THIRD PRINCIPAL MERIDIAN,
CITY OF O’FALLON, ST. CLAIR COUNTY, ILLINOIS, REFERENCE
BEING HAD TO THE PLAT THEREOF RECORDED IN THE
RECORDER’S OFFICE OF ST. CLAIR COUNTY, ILLINOIS, IN
BOOK OF PLATS 102 ON PAGE 33.
EXCEPT COAL, GAS AND OTHER MINERAL RIGHTS EXCEPTED
OR RESERVED IN PRIOR CONVEYANCES.
SITUATED IN ST. CLAIR COUNTY, ILLINOIS.
PERMANENT PARCEL NOS.:

4.

04-08-0-301-045 (LOT 1);
04-08-0-301-044 (LOT 2);
04-08-0-301-043 (LOT 3).

A description of the improvements on the real estate is: Not applicable.

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5.

The date, time and place of the sale are:
_______________, 2014, at ______ a.m./p.m., at
_______________________________________________________.

6.

The terms of the sale are:
The Officer conducting the sale shall solicit verbal bids at the time and place of
sale and shall sell the real estate to the highest and best bidder. Payment shall be
made at the time of sale by cash, cashier=s check or personal check accompanied
by an irrevocable letter of credit issued by an Illinois Banking Corporation or a
National Banking Association doing business in St. Clair County, Illinois.

7.
Interested parties are advised to consult the judgment entered in the above entitled
cause on _______________, 2014, for additional information.
Plaintiff, First Bank

By:__________________________________
David Antognoli #03125950
One of its Attorneys
David L. Antognoli #03125950
GOLDENBERG HELLER ANTOGNOLI &
ROWLAND, P.C.
P.O. Box 959
2227 South State Route 157
Edwardsville, IL 62025
[phone]
Email: [e-mail]
Attorneys for Plaintiff

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