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VFC Partners 39 LLC v. Huntley Building Development Corp.

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

July 11, 2017

VFC PARTNERS 39 LLC, Plaintiff,
v.
HUNTLEY BUILDING DEVELOPMENT CORPORATION, PETER J. KONOPKA, HUNTLEY BUSINESS PARK ASSOCIATION, HUNTLEY GATEWAY COMMONS ASSOCIATION, NON-RECORD CLAIMANTS, UNKNOWN OWNERS, Defendants.

          JUDGMENT OF FORECLOSURE AND SALE

          Robert M. Dow, Jr. United States District Judge.

         This cause having been heard before this Court on Plaintiff's Motion for Judgment on the Pleadings [49], the Court finds as follows:

         1. Jurisdiction: This Court has jurisdiction of the parties and the subject matter of this action.

         2. Property: The three (3) Mortgages described in the Complaint, executed by Huntley Building Development Corporation and Peter J. Konopka and hereby foreclosed appear of record in the Kane County Register of Deeds, Illinois as No. 2001K085085, No. 2001K085086, and No. 2001K085087, respectively, are described as follows:

(1) Units L&M, in Huntley Gateway Commons Condominium, Phase 1, Building A, as delineated on a plat of survey of the following described tract of land:
Lot 1 in Huntley Business Park Resubdivision No. 1 recorded December 12, 1997 as document number 97K086376, being a resubdivision of Lot 2 in Huntley Business Park in the Northwest Quarter and the Southwest Quarter of Section 9, Township 42 North, Range 7 East of the third principal meridian, according to the plat thereof recorded July 11, 1996 as document number 96K050124, in Kane County, Illinois, according to the plat of survey and the declaration of condominium recorded November 13, 1998 as document number 98K105621; together with their undivided percentage interest in the common elements.
(2) Unit U, in Huntley Gateway Commons Condominium, Phase 1, Building A, as delineated on a plat of survey of the following described tract of land:
Lot 1 (except the North 225.00 feet thereof) in Huntley Business Park Resubdivision No. 1 recorded December 12, 1997 as document number 97K086376, being a resubdivision of Lot 2 in Huntley Business Park in the Northwest Quarter and the Southwest Quarter of Section 9, Township 42 North, Range 7 East of the third principal meridian, according to the plat thereof recorded July 11, 1996 as document number 96K050124, in Kane County, Illinois, according to the plat of survey and the declaration of condominium recorded November 13, 1998 as document number 98K105621; together with their undivided percentage interest in the common elements.
(3) Unit V, in Huntley Gateway Commons Condominium, Phase 1, Building A, as delineated on a plat of survey of the following described tract of land:
Lot 1 (except the North 225.00 feet thereof) in Huntley Business Park Resubdivision No. 1 recorded December 12, 1997 as document number 97K086376, being a resubdivision of Lot 2 in Huntley Business Park in the Northwest Quarter and the Southwest Quarter of Section 9, Township 42 North, Range 7 East of the third principal meridian, according to the plat thereof recorded July 11, 1996 as document number 96K050124, in Kane County, Illinois, according to the plat of survey and the declaration of condominium recorded November 13, 1998 as document number 98K105621; together with their undivided percentage interest in the common elements.

         Commonly Known As: 11922 Oak Creek Parkway Huntley, IL 60142 3.

         Judgment of Foreclosure and Sale is entered in favor of Plaintiff.

         4. Material Allegations: All material allegations of the Complaint are true and proven, and the allegations are supported by the evidence presented. By virtue of the Note and Mortgage, there is due to the Plaintiff the following amounts:

L&M Loan:

Principal:

$333, 326.02

Interest:

$ 67, 526.30

Past Due Interest:

$ 43, 709.43

Taxes:

$ 23, 142.54

Misc. Tax Expense:

$ 15, 063.46

Misc. Expense:

$ 200.00

Total Due for L&M Loan

$482, 967.75

U Loan:

Principal:

$174, 882.70

Interest:

$ 35, 428.32

Past Due Interest:

$ 22, 923.45

Taxes:

$ 3, 915.57

Misc. Expense:

$ 200.00

Total Due for U Loan

$237, 350.04

V Loan:

Principal:

$134, 192.74

Interest:

$ 27, 185.21

Past Due Interest:

$ 17, 477.13

Taxes:

$ 3, 915.57

Misc. Expense:

$ 200.00

Total Due for V Loan

$182, 970.65

Attorney's Fees and Costs:

$ 46, 204.51

TOTAL

$949, 492.95

         5. Huntley Building Development Corporation and Peter J. Konopka are liable for all amounts owed thereunder.

         6. Costs and Fees: Under the provisions of the Mortgage herein sought to be foreclosed, the costs of the foreclosure are an additional indebtedness for which the Plaintiff should be reimbursed, the Court having reviewed said costs and finding that they are the usual, customary and reasonable expenses incurred in like causes, the Court orders that such expenses are hereby allowed to the Plaintiff.

         7. Pursuant to Local Rule 54.4, this Court has approved 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 by defendant, or 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 ...


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