United States District Court, S.D. Illinois
June 13, 2005.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Nominee for Homecomings Financial Network, Inc., Plaintiff,
TODD E. BROOKS and ANGELA BROOKS, Defendants.
The opinion of the court was delivered by: DAVID HERNDON, District Judge
Before the Court is Plaintiff's motion for entry of default
judgment of foreclosure. (Doc. 14.) On April 29, 2005, Plaintiff
filed the present motion seeking to foreclose on the mortgage for
Defendants' property at 4234 Breckenridge in Granite City,
Illinois. (Docs. 1, 14.) On May 2, 2005, the Court entered a
minute order "directing Plaintiff to submit a proposed order
regarding its motion for default judgment. See page 12 of
Electronic Case Filing User's Manual." (Doc. 16.) That minute
order also stated that "[t]he terms of the proposed order must
satisfy all notice and procedural requisites for obtaining the
relief requested by Plaintiff." (Doc. 16.) To date, Plaintiff has
yet to submit a proposed order to the Court. Therefore, the Court
DENIES Plaintiff's motion for entry of judgment of foreclosure.
(Doc. 14.) The Court GRANTS LEAVE to Plaintiff to refile its
motion along with a proper proposed order. The Court ADVISES Plaintiff that should it fail
to file a proper motion and proposed order by July 15, 2005, this
Court will dismiss this action for failure to prosecute.
IT IS SO ORDERED.
© 1992-2005 VersusLaw Inc.