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Pnc Bank v. Perez

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

January 31, 2014

PNC Bank, National Association, successor in interest by merger to National City Bank, successor in interest by merger to Mid America Bank, FSB Plaintiff,
v.
Jose S. Perez; Katherine Perez, Defendants.

PNC Bank, National Association, successor in interest by merger to National City Bank, successor in interest by merger to Mid America Bank, FSB James M. Crowley, Jennifer E. Frick, CROWLEY & LAMB, P.C., Chicago, Illinois.

MOTION FOR JUDGMENT OF FORECLOSURE AND SALE

GERALDINE SOAT BROWN, Magistrate Judge.

NOW COMES the Plaintiff, PNC Bank, National Association, successor in interest by merger to National City Bank, successor in interest by merger to Mid America Bank, FSB, by its attorneys Crowley & Lamb, P.C., and moves the Court for the entry of a Judgment of Foreclosure and Sale in its favor and against the Defendant(s):

1. Jose S. Perez; and
2. Katherine Perez

and as grounds thereof state:

As appears from the Affidavit of Plaintiff placed on file in support of this Motion attached hereto as Exhibit "A", and from the pleadings and admissions on file, there is no genuine issue as to any material fact, and the Plaintiff is entitled to a Judgment of Foreclosure and Sale in this case as a matter of law.

EXHIBIT A

AFFIDAVIT IN SUPPORT OF PNC BANK, NATIONAL ASSOCIATION'S MOTION FOR JUDGMENT OF FORECLOSURE AND SALE

I, Jeffrey Claerr, being first duly sworn on oath, am over the age of eighteen years old, and state that the following are true and correct statements based on my personal knowledge:

1. I am an Assistant Vice President of the Commercial Banking - Asset Resolution Team, for PNC Bank, National Association ("PNC"). I have authority to make this statement on PNC's behalf because I am a person familiar with the business and its mode of operation.

2. Through regular training and my work activity, I am familiar with the general manner in which payments are received and applied. I have received training on and am familiar through regular use with the computer systems that reflect the terms of the loan, the payments made, and additional fees and charges associated with the account. I have also been trained on the scanning processes used to convert the information contained within documents into electronic data associated with the account and to store electronic images of the documents. I regularly access images of mortgages and notes to confirm the accuracy of the data stated in affidavits as to accounts. If called to testify at the trial of the above entitled case, I could competently testify as to the facts contained within this affidavit.

3. PNC Bank, National Association is the Plaintiff in this matter.

4. Jose S. Perez and Katherine Perez ("Borrowers") are borrowers on a promissory note secured by a mortgage given by Jose S. Perez and Katherine Perez (together "Defendants"). As evidenced by a note dated January 24, 2007 (the "Note"), Mid America Bank, FSB ("Mid America Bank"), loaned money to Borrowers in the original principal amount of $288, 000.00 (the "Loan"). PNC is the successor in interest by merger to National City Bank, successor in ...


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