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Deutsche Bank National Trust Company As Trustee For the Registered v. Elaine M. Lewis

March 30, 2011

DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE REGISTERED HOLDERS OF GSAMP TRUST 2006-NC2, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-NC2, PLAINTIFF,
v.
ELAINE M. LEWIS, MACK LEWIS, CITY ) OF BELLEVILLE, AND FCC INVESTMENT TRUST I, DEFENDANTS.



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

JUDGMENT DECREE AND ORDER

On October 19, 2010, Plaintiff Deutsche Bank National Trust Company commenced the above-captioned mortgage foreclosure suit against Elaine M. Lewis, Mack Lewis, and the City of Belleville (Doc. 2). The City of Belleville filed its answer December 23, 2010, admitting that it had a lien recorded over the property in question on November 10, 2008 in the amount of $329.89. Service of Defendants Elaine M. Lewis, Mack Lewis and FCC Investment Trust I was completed, but no responsive pleadings were entered. Upon Plaintiff's subsequent motions, the Clerk of the Court entered an order of default as to Elaine M. Lewis and Mack Lewis on February 2, 2011 (Doc. 12) and as to FCC Investment Trust I on February 4, 2011 (Doc. 16). Plaintiff now moves for a judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) (Doc. 17). The Court construes Plaintiff's motion as a motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b) as to Defendants Elaine M. Lewis, Mack Lewis, and FCC Investment Trust I. Plaintiff moves that its damages are for a sum certain, but the Court will enter this judgment decree of foreclosure and sale pursuant to 55(b)(2), with reference to the computations of Plaintiff's Affidavit of Debt (Doc. 17-2). As mortgagors, the judgment amount in this decree is against Defendants Elaine M. Lewis and Mack Lewis. The judgment amount is not against Defendants Belleville, Illinois or FCC Investment Trust I. By admitting the facts in Plaintiff's complaint and failing to deny the facts in Plaintiff's complaint, respectively, the lien and trust deed amounts of Defendants Belleville, Illinois and FCC Investment Trust I are adjudged in this judgment decree. Plaintiff's motion for judgment is GRANTED pursuant to Federal Rules of Civil Procedure 12(c) and 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. American Lending Group made a loan to Defendants Elaine M. Lewis and Mack Lewis secured by a mortgage in the total principal amount of $112,500.00 which was recorded in the St. Clair County Recorder's Office on February 10, 2006 as Document No. A01960942(Doc.

19). The mortgage was assigned to Plaintiff on August 20, 2010 (Doc. 2-6). The mortgage is in default due to Defendants Elaine M. Lewis and Mack Lewis's failure to pay monthly installments of principal and interest from August 12, 2010 to the present.

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

Common address: 135 Westwood Drive, Belleville, IL 62226

More fully described as:

Parcel 1: That part of Lot No. 13 as shown on "Sharron J. Fowler Tract Assessment Plat of Part South East Quarter Section 17, Township 1 North, Range 8 West, 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 48 on page 29; more particularly described as follows, to-wit: Beginning at the iron rod that marks the Northwest corner of said Lot 13, thence South along the West line of said Lot 13, a distance of 100.0 feet to a distance of 200 feet to a point, said point being the point of beginning of the tract of land herein described; continuing thence East along a line parallel to said North line of Lot 13, a distance of 150 feet to a point; thence South along a line parallel to the West line of said Lot 13, a distance of 80 feet to a point; thence West along a line parallel to the South line of said Lot 13, a distance of 150 feet to a point thence North along a line parallel to the West line of said Lot 13, a distance of 80 feet to the point of beginning. Except coal, gas and other mineral rights excepted or reserved in prior conveyances.

Parcel 2: Easement for the benefit of Parcel 1 as created by warranty deed from Ruth

M. Myers to Ronald Joe Slenbeck, et al., dated April 18, 1961 as Document No. A76440 in Book 1732 on Page 297, for the purpose of ingress and egress over a strip of land 20 feet wide; being more particularly described as follows, to-wit: the West 20 feet of the following described tract of land: that part of Lot No. 13 as shown on "Sharron J. Fowler Tract Assessment Plat of Part of South East Quarter Section 17, Township 1 North, Range 8 West, St. Clair County, Illinois;" reference being had to the plat thereof recorded in the recorder's office of St. Clair County, Illinois, in Book Plats 48 on page 29, more particularly described as follows: beginning at the pipe that marks the Northeast corner of said Lot 13; thence South along the East line of said Lot 13, a distance of 200.0 feet to the pipe that marks the Southeast corner of said Lot 13; thence West along the South line of said Lot 13, a distance of 150.0 feet to the point of beginning.

Parcel 3: Easement for the benefit of Parcel 1 as created in warranty deed from Marcel M. Rensing and Violet Rensing, his wife, to Robert L. Walsh and Dorothy L. Walsh, his wife, dated January 27, 1964 and recorded in the Recorder's Office of ST. Clair County, Illinois, January 29, 1964 as Document No. A171931 for the purpose of ingress and egress over and upon the South 20 feet of the East 150 feet of the following tract of land: that part of Lot No. 13 as shown on "Sharron J. Fowler Tract Assessment Plat of Part South East Quarter Section 17, Township 1 North Range 8 West, 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 48 on page 29, being more particularly described as follows, to-wit: beginning at the iron rod that marks a point being 100 feet South of the Northwest corner of said Lot 14; thence South along the West line of said Lot 13, a distance of 100.0 feet to an iron rod; thence East along a line lying parallel to the North line of said Lot 13, a distance of 350.0 feet to an iron rod; thence North along a line lying parallel to the West line of said Lot 13, a distance of 100.0 feet to an iron rod; thence West along a line lying parallel to the North line of said Lot 13, a distance of 350.0 feet to the point of beginning.

Parcel Number: 08-17.0-407-083

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 ...


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