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Hsbc Bank Usa, N.A., As Indenture Trustee For the Registered v. Greg W. Wiley

August 3, 2011

HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED NOTEHOLDERS OF RENAISSANCE HOME EQUITY LOAN TRUST 2007-2, PLAINTIFF,
v.
GREG W. WILEY, AND MIDLANDS STATE BANK, SUCCESSOR IN INTEREST TO COMMERCIAL BANK OF WATERLOO, DEFENDANTS.



The opinion of the court was delivered by: Herndon, Chief Judge:

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

On or about January 24, 2011, plaintiff HSBC Bank commenced the above- captioned mortgage foreclosure suit against defendants Greg W. Wiley and Midlands State Bank. The parcel of property in question is located in Valmeyer, Illinois, which lies within this Judicial District. Defendants were properly served herein but failed to move, answer, or otherwise plead in response to the complaint. Based on that failure, plaintiff secured the Clerk's entry of default on March 23, 2011 (Doc. 9), pursuant to Federal Rule of Civil Procedure 55(a).

Now before this Court is the plaintiff's motion for default judgment pursuant to Rule 55(b) (Doc. 16) and motion to appoint a special commissioner (Doc. 17). Having carefully reviewed the record, and after holding a hearing on the matter, the Court GRANTS the motion for default judgment and GRANTS the motion to appoint a special commissioner. The Judicial Sales Corporation is hereby appointed Special Commissioner for the purpose of sale at public auction of the property that is the subject matter of this action. Regarding the sale of the mortgaged property in question, the Court FINDS as follows:

1. The court has jurisdiction of the parties and the subject matter, and service of process has been properly made.

2. The last owner of redemption was served on February 9, 2011.

3. The statutory right to reinstate, pursuant to 735 ILCS 5/15-1602, shall expire May 10, 2011.

4. The statutory right of redemption, pursuant to 735 ILCS 5/15-1603, shall expire September 9, 2011 unless shortened by further order of the court.

5. This judgment is fully dispositive of the interest of all defendants. All the material allegations of the complaint filed pursuant to 735 ILCS 5/15-1504 (including those required by statute) are true and proven. By entry of this Judgment for Foreclosure and Sale, the Mortgage and Note which is the subject matter of these proceedings is extinguished and replaced by Judgment. By virtue of the Mortgage and the evidence of the indebtedness secured by it, of the date and execution of plaintiff's supporting judgment affidavit, there is due and owing to plaintiff the following amounts which shall continue to be a valid and subsisting lien upon the subject property described hereinafter.

Principal Balance, Accrued Interest and $218,027.66

Other Amounts Due as Stated in Plaintiffs Affidavit Plaintiff's Attorneys' Fees $1,564.00 TOTAL JUDGMENT AMOUNT $219,591.66

6. Any advanced made in order to protect the lien of the judgment and preserve the real estate shall become so much additional indebtedness secured by the judgment lien. Such advances include, but are not limited to payment for property inspections, real estate taxes or assessments, property maintenance, and insurance premiums incurred by plaintiff and not included in this Judgment, but paid prior to the Judicial sale. Such advances shall bear interest from date of the advance at the Judgment rate of interest, except in the case of Redemption or Payoff, in which case the note rate of interest shall apply pursuant to 735 ILC 5/15-1603(d).

7. Under the provisions of the Mortgage, the costs of foreclosure and reasonable attorneys' fees are an additional indebtedness for which plaintiff should be reimbursed; such expenses and reasonable attorneys' fees are hereby allowed to the plaintiff.

8. The court approves the portion of the lien attributable to attorneys' fees only for purposes of the foreclosure sale, and not for purposes of determining the amount required to be paid personally by defendant in the event of redemption of a deficiency judgment, or otherwise. In the event of redemption by defendant or for purposes of any personal deficiency judgment, this court reserves the right to review the amount of attorneys' fees to be included for either purpose. Plaintiff's counsel is required to notify defendants of the provisions of this paragraph by mailing a copy of this Order to defendants.

9. The Mortgage described in the complaint and hereby foreclosed appears of record in the Office of the Monroe County Recorder of Deeds as Document No. 313655, and the subject property encumbered by said Mortgage and directed to be sold is legally described as follows:

THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE COUNTY OF MONROE IN THE STATE OF ILLINOIS, TO WIT:

A TRACT OF LAND BEING IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 3 SOUTH, RANGE 11 WEST OF THE THIRD PRINCIPAL MERIDIAN, MONROE COUNTY, ILLINOIS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE NORTH 79 DEGREES 47 MINUTES 13 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 3, A DISTANCE OF 229.99 FEET; THENCE NORTH 01 DEGREES 59 MINUTES 45 SECONDS WEST A DISTANCE OF 380.19 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SBI ROUTE 156; THENCE NORTH 56 DEGREES 12 MINUTES 48 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 291.36 FEET TO THE EASTERLY LINE OF SAID SECTION 3; THENCE SOUTH 00 DEGREES 15 MINUTES 09 SECONDS WEST ALONG SAID EASTERLY LINE A DISTANCE OF 582.77 FEET TO THE POINT OF BEGINNING, ALL SITUATED IN MONROE COUNTY, ILLINOIS.

10. The rights and interests of all the other parties to this cause in the subject property are inferior and subordinate to the lien of the plaintiff.

11. Copies of the Note and the Mortgage or Affidavit of Documents as are attached to plaintiff's complaint have been offered in evidence plaintiff is hereby given leave to withdraw, if any, the Original Note and the Original Mortgage and substitute copies of those documents.

12. Plaintiff has been compelled to employ and retain attorneys to prepare and file the complaint and to represent and advise the plaintiff in the foreclosure of the mortgage. Defendant is liable for the usual, reasonable and customary fees incurred by plaintiff.

13. Plaintiff has been compelled and may be compelled after entry of this judgment to advance various sums of money in payment of costs, fees, expenses and disbursements incurred in connection with the foreclosure. These sums may include, without limiting the generality of the foregoing, filing fees, service of process fees, copying charges, stenographer's fees, witness fees, costs of publication, costs of procuring and preparing documentary evidence and costs of procuring abstracts of title, foreclosure minutes and a title insurance policy, costs of sale, etc. Under the terms of the mortgage, all such advances costs attorneys' fees and other fees, expenses and disbursements are made a lien upon the mortgaged real estate. Plaintiff is entitled to recover all such advances, costs, attorneys' fees, expenses and disbursements, together with interest on all advances at the Judgment rate of interest, from the date on which such advances are made, except in the case of Redemption or Payoff in which case the note rate of interest shall apply pursuant to 735 ILCS 5/15-1603(d).

14. 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 real estate. In order to protect and preserve the mortgaged real estate, it has or may also become necessary for plaintiff to make other payments, including but not limited to, fire and other hazard insurance premiums on the real estate or payments for such repairs to the real estate as may reasonably be deemed necessary for the proper preservation thereof. Under the terms of the mortgage, any money so paid or expended has or will become an additional indebtedness secured by the mortgage and will bear interest from the date such monies are advanced at the judgment rate of interest except in the case of Redemption or Payoff in which case the note rate of interest shall apply pursuant to 735 ILCS 5/15-1603(d).

15. The allegations of plaintiff's complaint are true substantially as set forth, and the equities favor plaintiff. Plaintiff is entitled to the relief prayed for in the complaint, including foreclosure of the mortgage upon the real estate described therein for the Total Judgment Amount as found above, together with interest at the statutory judgment rate after the entry of this judgment, and additional advances, expenses, reasonable Attorneys' fees and court costs, including, but not limited to, publication costs and expenses of sale.

16. Said real estate is free and clear of all liens and encumbrances that have been named herein, or of any claims that are subject to a recorded notice of foreclosure, subject to any rights of redemption available to a defendant, pursuant to 735 ILCS 5/15-1603(a).

17. Plaintiff's mortgage is prior and superior to all other mortgages, claims of interests and liens upon said real estate that have been named herein, or any claims that are subject to a recorded notice of foreclosure.

18. The sum of attorney fees allowed herein as stated above is the fair reasonable and proper fee to be allowed to plaintiff as attorney's fees in this proceeding through the date of this Judgment, in accordance with the terms of the Note and Mortgage given by said defendant. That sum ...


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