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Deutsche Bank National Trust Company As Trustee For the Registered v. Thomas A. King and Paula King

March 3, 2011

DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE REGISTERED HOLDER OF SOUNDVIEW HOME LOAN TRUST 2006-NLC1 ASSET- BACKED CERTIFICATES, SERIES 2006- NLC1, PLAINTIFF,
v.
THOMAS A. KING AND PAULA KING, DEFENDANTS.



The opinion of the court was delivered by: Murphy, District Judge:

JUDGMENT DECREE AND ORDER

On April 30, 2010, Plaintiff Deutsche Bank National Trust Company commenced the above-captioned mortgage foreclosure suit against Thomas A. King and Paula King (Doc. 2).*fn1 At Defendants' failure to defend, and upon Plaintiff's motion, the Clerk of Court entered a default entry on February 9, 2011 (Doc. 35). Plaintiff now moves for judgment for foreclosure and sale (Doc. 37). The motion is GRANTED pursuant to Federal Rule of Civil Procedure 55(b) and IT IS ORDERED AND ADJUDGED:

1. This Court has jurisdiction of the parties to and subject matter of this suit. Defendants were properly served and failed to answer or otherwise enter any appearance.

2. Equifirst Corporation made a loan to Defendants secured by a mortgage in the total principal amount of $162,000.00 which was recorded in the Madison County Recorder's Office on June 2, 2006 as Document No. 2006R27917 (Doc. 2-3). The mortgage was assigned to Plaintiff on April 1, 2010 (Doc. 2-4). The mortgage is in default due to Defendants' failure to pay monthly installments of principal and interest from September 2009 to the present.

3. By virtue of the mortgage and indebtedness secured thereby, Plaintiff has a valid and subsisting lien as follows:

Common address: 603 Hancock St., Edwardsville, IL 62025 The South 90 feet of Lots 14 and 15 in Block 8 in Metcalfe Place Addition to Edwardsville, according to the Plat thereof recorded in the Recorder's Office of Madison County, Illinois in Plat Book 6, page 1.

Excepting coal, gas, and other mineral rights conveyed, excepted or reserved in prior conveyances.

Parcel Number 14-2-15-12-17-302-004

4. By virtue of the mortgage and the indebtedness secured thereby, as alleged in the amended complaint and averred in Plaintiff's Affidavit of Debt, the following amounts are due to Plaintiff:

a. For the use and benefit of Plaintiff, holder of the note secured by the mortgage aforesaid: Outstanding Principal Balance . . . . . . . . . . . . . . $158,445.75 Escrow/IMP Advance Balance. . . . . . . . . . . . . . $4,224.38 Late Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . $136.74 Accrued Interest as of November 17, 2010 . . . . $19,487.65 Property Inspections, Property Valuation Fee, Title Report Fee, Prior Servicer Fees, Certified Mail Cost. . . . . . . . . . . . . . . . . . . . . . . $769.42 Reasonable Attorneys' Fees . . . . . . . . . . . . . . . . $2,126.00 Total Amount Due Plaintiff . . . . . . . . . . . . . . . $185,189.94

b. In addition, Plaintiff may be compelled to advance various sums of money in payment of costs, fees, expenses, and disbursements incurred in connection with the foreclosure, including, without limiting the generality of the foregoing, filing fees, stenographer's fees, witness fees, costs of publication, costs of procuring and preparing documentary evidence, and costs of procuring abstracts of title, certificates, foreclosure minutes, and a title insurance policy.

c. All such advances, costs, and other fees, expenses and disbursements are made a lien upon the mortgaged property and the Plaintiff is entitled to recover all such advances, costs, expenses and disbursements, together with interest on all advances at the rate provided in the mortgage, or, if no such rate is provided therein, at the statutory judgment rate, from the date on which such advances are made.

d. In order to protect the lien of the mortgage, it may or has become necessary for Plaintiff to pay taxes and assessments which have been or may be levied upon the mortgaged property.

f. In order to protect and preserve the mortgaged property, it may also become necessary for Plaintiff to make such repairs to the property as may reasonably be deemed ...


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