United States District Court, N.D. Illinois, Eastern Division
CELTIC BANK'S MOTION FOR ENTRY OF JUDGMENT OF
FORECLOSURE AND SALE
Honorable Young B. Kim, Presiding Judge
Bank, by and through its attorneys, O'Rourke and Moody,
hereby move for entry of judgment against Defendants
Executive Title and Martha Tovias. In support of this motion,
Celtic Bank states as follows:
Celtic Bank initiated this proceeding by filing a three count
complaint seeking judgments of foreclosure against Executive
Title, Inc., as well a judgment for a breach of a commercial
guaranty against Martha Tovias on January 5, 2015. (Dkt. No.
After Defendants failed to answer, plead, or otherwise defend
the allegations contained in the complaint, Celtic Bank, on
February 9, 2015 filed a motion for default judgment. (Dkt.
No. 9, Mtn. for Default.)
Thereafter, the district court granted the defendants leave
to answer the complaint and they eventually answered the
complaint and filed a counterclaim against Celtic Bank
asserting breach of the loan document. (Dkt. No. 11, Minute
Order, March 3, 2015; Dkt. No. 13, Def.s' Countercl.)
parties consenting to having a magistrate judge preside over
all further proceedings in this matter, and the case was
assigned to this Court on April 9, 2015. (Dkt. No. 20,
Transfer of Case.)
July 16, 2015, Executive Title filed a voluntary petition for
relief under chapter 11 of the Bankruptcy Code. In re
Executive Title, Inc., Case No. 15-24212.
Thereafter, the parties briefed whether Celtic Bank should be
entitled to proceed on the commercial guaranty claim against
Tovias while Executive Title's bankruptcy proceeding was
ongoing. (Dkt. No. 27, Mtn. to Proceed; Dkt. No. 37,
Tovias' Resp.; Dkt. No. 43, Pl.'s Reply.) This Court
granted Celtic Bank's motion to proceed against Tovias.
(Dkt. No. 46, Mem. Op., Oct. 13, 2015.)
February 29, 2016, Plaintiff moved for summary judgment
against Executive Title seeking a judgment of foreclosure and
order of sale of commercial property located at 5814 West
Cermak, Cicero, Illinois 60804, and against Martha Tovias for
breach of a personal guaranty. (Dkt. Nos. 52-54, Pl.'s
Summ. J. Papers.)
May 27, 2016, this Court granted Plaintiff's motion for
summary judgment on all counts of the complaint. (Dkt. No.
73, Mem. Op., May 27, 2016.)
June 15, 2016, this Court entered a minute order regarding a
briefing schedule on various issues. (Dkt. No. 75, Min.
Entry, June 15, 2016.)
its Memorandum Opinion and Order of Plaintiff's motion
for summary judgment, this Court found that Executive Title
defaulted under the loan documents for their failure to
comply with their payment obligations and timely payment of
the 2013 and 2014 real estate taxes. (Dkt. No. 73, Mem. Op.,
May 27, 2016 at p. 19.) Similarly, based on these defaults,
this Court found that Tovias breached her unconditional
guarantee of the promissory note. (Id. at p. 1.)
Regarding damages, this Court found that it was undisputed
that as of February 29, 2016, the amount due and owing under
the promissory note was $553, ...