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Sak v. Citimortgage, Inc.

United States District Court, N.D. Illinois, Eastern Division

February 1, 2013

KATHY SAK and ZBIGNIEW BULKOWSKI, Plaintiffs,
v.
CITIMORTGAGE, INC., SAFEGUARD PROPERTIES, LLC, And SAXON MORTGAGE SERVICES, INC., Defendants

For Kathy Sak, Zbigniew Bulkowski, Plaintiffs: Stephen David Richek, Law Offices of Stephen David Richek, Chicago, IL.

For CitiMortgage, Inc., Defendant: Timothy Lawrence Binetti, LEAD ATTORNEY, Thompson Coburn LLC, Chicago, IL; Todd A. Rowden, Thompson Coburn LLP, Chicago, IL.

For Safeguard Properties, LLC, Defendant: Stephen Sloan Weiss, LEAD ATTORNEY, Corry Paul Keilin, Tribler Orpett and Meyer, P.C., Chicago, IL.

For Saxon Mortgage Services Inc., Defendant: Jennifer M. Rinn, Kenneth Kline Shaw, Jr., Kropik Papuga and Shaw, Chicago, IL.

OPINION

JOHN Z. LEE, U.S. District Judge.

Page 803

MEMORANDUM OPINION AND ORDER

Plaintiffs Kathy Sak and Zbigniew Bulkowski (" Plaintiffs" ) have sued CitiMortgage, Inc., Safeguard Properties, LLC, and Saxon Mortgage Services, Inc. (collectively " Defendants" ) in this diversity case for trespassing onto Plaintiffs' property, a house in Buffalo Grove, Illinois. Defendant CitiMortgage has moved for summary judgment. For the reasons stated herein, the Court grants CitiMortgage's motion.

Facts

In this court, a party opposing summary judgment must file a response to the moving party's statement of uncontested material facts. See LR 56.1(b). If the party opposing the motion fails to do so, that party is deemed to have admitted all of the material facts asserted in the moving party's statement. LR 56.1(b)(3)(C). Plaintiffs did not file a response to CitiMortgage's LR 56.1(a)(3) statement of material facts. Therefore, Plaintiffs admitted all of the material facts set forth CitiMortgage's LR 56.1(a)(3) statement. Accordingly, the following facts, taken from CitiMortgage's LR 56.1(a)(3) statement, are undisputed.

On November 28, 2006, Dacia Aponte and Pedro Reyes executed a mortgage (the " Mortgage" ) with Mortgage Electronic Registrations Systems (" MERS" ) for a house at 35 Timber Hill Road, Buffalo Grove, Illinois (the " Property" ). (Def.'s LR 56.1(a)(3) ¶ 5.)

On May 12, 2009, MERS assigned the Mortgage to CitiMortgage. ( Id. ¶ 6.) On June 4, 2009, CitiMortgage filed a foreclosure action on the Property. ( Id. ¶ 7.)

On May 25, 2010, Plaintiffs, as beneficiaries of Parkway Bank & Trust Company Trust #14694, purchased the Property at a foreclosure sale auction. ( Id. ¶ 8.) On July 6, 2010, CitiMortgage transferred the servicing of the Mortgage to Saxon Mortgage Services, Inc. ( Id. ¶ 9.) On August 27, 2010, the foreclosure sale was confirmed by court order. ( Id. ¶ 10.)

On September 1, 2010, Safeguard Properties, LLC entered the Property. ( Id. ΒΆ 11.) Plaintiffs sued Defendants for trespassing, and Defendant ...


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