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Metlife Home Loans, A Division of Metlife Bank, N.A. v. Coleman

United States District Court, Seventh Circuit

August 19, 2013

METLIFE HOME LOANS, a Division of Metlife Bank, N.A., Plaintiff,
v.
SHAMIKA COLEMAN a/k/a SHAMIKA MARIE COLEMAN a/k/a SHAMIKA M. COLEMAN a/k/a SHAMIKA M. LIDDELL, THE UNITED STATES OF AMERICA, UNKNOWN OWNERS, and NON-RECORD CLAIMANTS, Defendants.

JUDGMENT OF FORECLOSURE AND SALE

DAVID R. HERNDON, Chief District Judge.

On May 8, 2012, the plaintiff filed its Complaint for Foreclosure in St. Clair County Circuit Court. On May 8, 2012, the Unites States of America was served with Summons and a copy of the Complaint (Doc. 27). On May 11, 2012, Shamika Coleman was served with Summons and a copy of the Complaint (Doc. 26). On June 1, 2012, the United States of America filed a Notice of Removal removing the matter to Federal Court (Doc. 3).

On July 13, 2012, the United States of America filed an Answer to the plaintiff's Complaint (Doc. 9). Subsequently, the plaintiff filed a Motion for Summary Judgment as to the United States of America's Answer (Doc. 20).

The defendant, Shamika Coleman, did not move, answer, or otherwise plead in response to the plaintiff's Complaint. Based on this failure, the plaintiff secured the Clerk's entry of default on February 28, 2013 (Doc. 31). The plaintiff also secured a Clerk's entry of default as to Unknown Owners and Non-Record Claimants on February 28, 2013 (Doc. 31). On February 28, 2013, the plaintiff filed its Motion for Default Judgment (Doc. 32)

The plaintiff's Motion for Summary Judgment is GRANTED (Doc. 20). The plaintiff's Motion for Default Judgment is GRANTED as to Shamika Coleman, Unknown Owners, and Non-Record Claimants (Doc. 32). The Court additionally APPOINTS the Judicial Sales Corporation as the special commissioner for the purpose of sale at public auction of the property. Regarding the sale of the property, the Court hereby 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 May 11, 2012.
3. The statutory right to reinstate, pursuant to 735 ILCS 5/15-1602, expired on August 11, 2012.
4. As to Shamika Coleman, her statutory right of redemption, pursuant to 735 ILCS 5/15-1603, shall expire on November 11, 2013; however, only the United States shall have the right to redeem pursuant to 28 U.S.C. ยง 2410.
5. The prescribed Affidavit has been filed setting forth that the defendant is not in the Military service (Doc. 39).
6. 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 the 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.

7. Any advance 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 the 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 ILCS 5/15-1603(d).
8. Under the provisions of the Mortgage, the costs of foreclosure and reasonable attorneys' fees are an additional indebtedness for which the plaintiff should be reimbursed; such expenses and reasonable attorneys' fees are hereby allowed to the plaintiff.
9. On September 25, 2009, Shamika Coleman borrowed from MetLife Home Loans, a division of MetLife Bank, NA the sum of One Hundred Eighty-Three Thousand Three Hundred Dollars ($183, 300.00) and on said date did execute and deliver to said MetLife Home Loans, a division of MetLife Bank, NA her certain Note wherein she promised to pay to the order of MetLife Home Loans, a division of MetLife Bank, NA the sum of One Hundred Eighty-Three Thousand Three Hundred Dollars ($183, 300.00) together with interest as stipulated in said Note payments, until the Note is fully paid, all of which will more fully appear by said copy of the Note herein admitted into evidence.
10. To secure the payment of said Note, Shamika Coleman did, on September 25, 2009, make, execute, deliver and acknowledge to M.E.R.S., Inc. as Nominee for MetLife Home Loans, a division of MetLife Bank, NA her certain mortgage wherein she mortgaged the subject property.
11. The Mortgage described in the Complaint and hereby foreclosed appears of record in the Office of the St. Clair County Recorder of Deeds as Document No. A02182279, and the subject property encumbered by said Mortgage and directed to be sold is legally described as follows:
Lot 157 of Final Plat for Willow Walk Subdivision, Phase 1, being a subdivision in part of the Southeast Quarter of Section 5 and the Northeast Quarter of Section 8, Township 1 North, Range 8 West of the 3rd P.M., St. Clair County, Illinois reference being had to the plat thereof recorded in the Recorder's Office of St. Clair County, Illinois as Document No. A01990157; and as Amended by Surveyor's Affidavit, Dated August 17, 2006 and Recorded August 18, 2006, as Document A01996211, except the coal, oil, gas and other minerals underlying said premises and the right to mine and remove the same situated in St. Clair County, Illinois.
Commonly known as: 1708 Ashton Court, Swansea, Illinois 62226.
12. 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.
13. Copies of the Note and the Mortgage as are attached to the plaintiff's Complaint have been offered in evidence.
14. The 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. The defendant is liable for the usual, reasonable and customary fees incurred by the plaintiff.
15. The 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, cost 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. The 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).
16. In order to protect the lien of the mortgage, it may, or has become necessary for the 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 the 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).
17. The allegations of the plaintiff's Complaint are true substantially as set forth, and the equities favor the plaintiff. The 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, and additional advances, expenses, reasonable ...

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