IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

Deutsche Bank National Trust Company, as trustee 

under Pooling and Servicing Agreement Dated as 

of May 1, 2007 Securitized Asset Backed 

Receivables LLC Trust 2007-BR4, 

 PLAINTIFF 

 CASE NUMBER: 1:12-cv-1526 

 

VS. DISTRICT JUDGE: Amy J. St. Eve 

 

Keith L. Wallace, Angela Wallace, 

 DEFENDANT(S). 

 

JUDGMENT OF FORECLOSURE

 THIS CAUSE coming on to be heard on Plaintiff’s Motion for Default Judgment, the 

Court HEREBY FINDS: 

1. The court has jurisdiction of the parties and the subject matter, and service of process has 

been properly made. 

2. Pursuant to Federal Rule of Civil Procedure 54(b), this judgment is a final and appealable 

order. 

3. The last owner of redemption was served on May 2, 2012. 

4. The statutory right to reinstate, pursuant to 735 ILCS 5/15-1602, shall expire August 2, 

2012. 

5. The statutory right of redemption, pursuant to 735 ILCS 5/15-1603, shall expire 

December 2, 2012, unless shortened by further order of the court. 

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 Plaintiff’s supporting 

judgment affidavit, there is due and owing to Plaintiff by the Defendant(s), Keith L. 

Wallace, Angela Wallace, the following amounts which shall continue to be a valid and 

subsisting lien upon the subject property described hereinafter. 

Principal Balance, Accrued Interest and Other 

Amounts Due as Stated in Plaintiffs Affidavit 

$147,179.47 

Plaintiff’s Attorneys’ Fees and Costs $2,621.00 

TOTAL JUDGMENT AMOUNT $149,800.47 

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7. Any advanced 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 

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 ILC 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 Plaintiff should be reimbursed; such 

expenses and reasonable attorneys’ fees are hereby allowed to the Plaintiff. 

9. Pursuant to Local Rule 54.4, the court approves 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 of 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 attorneys’ fees to be included for either purpose. Plaintiff’s 

counsel is required to notify Defendant of the provisions of this paragraph by mailing a 

copy of this Judgment to Defendant. 

10. The Mortgage described in the Complaint and hereby foreclosed appears of record in the 

Office of the Cook County Recorder of Deeds as Document No. 0701008147, and the 

subject property encumbered by said Mortgage and directed to be sold is legally 

described as follows: 

LOT 15 IN BLOCK 4 IN SCHILLING HIGHLANDS, A SUBDIVISION OF PART OF 

THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 19, AND PART OF THE 

SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 35 

NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK 

COUNTY, ILLINOIS. 

Commonly known as: 938 University Avenue, Matteson, IL 60443 

11. 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. 

12. Copies of the Note and the Mortgage or Affidavit of Documents as are attached to 

Plaintiff’s Complaint have been offered in evidence Plaintiff is hereby given leave to 

withdraw, if any, the Original Note and the Original Mortgage and substitute copies of 

those documents. 

13. 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. 

Defendant is liable for the usual, reasonable and customary fees incurred by Plaintiff. 

14. 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 

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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, costs 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. 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). 

15. In order to protect the lien of the mortgage, it may or has become necessary for 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 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). 

16. The allegations of Plaintiff’s complaint are true substantially as set forth, and the equities 

favor Plaintiff. 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, together with interest at the statutory judgment rate after the 

entry of this judgment, and additional advances, expenses, reasonable Attorneys’ fees and 

court costs, including, but not limited to, publication costs and expenses of sale. 

17. Said real estate is free and clear of all liens and encumbrances that have been named 

herein, or of any claims that are subject to a recorded notice of foreclosure, subject to any 

rights of redemption available to a Defendant, pursuant to 735 ILCS 5/15-1603(a). 

18. Plaintiff’s mortgage is prior and superior to all other mortgages, claims of interests and 

liens upon said real estate that have been named herein, or any claims that are subject to a 

recorded notice of foreclosure. 

19. The sum of attorney fees allowed herein as stated above is the fair reasonable and proper 

fee to be allowed to Plaintiff as attorney’s fees in this proceeding through the date of this 

Judgment, in accordance with the terms of the Note and Mortgage given by said 

Defendants. T hat sum should be added to and become a part of the indebtedness due to 

Plaintiff. 

IT IS THEREFORE ORDERED AND DECREED AS FOLLOWS: 

1. REQUEST FOR FORECLOSURE: A Judgment of Foreclosure and Sale is entered 

pursuant to 735 ILCS 5/15-1506 against the subject property and against all Defendants 

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not previously dismissed. Under the direction of the court, an accounting has been taken 

of the amounts due and owing to Plaintiff herein. 

a. In the event Defendants do not pay to Plaintiff the amounts required pursuant to 

the Illinois Mortgage Foreclosure Law before expiration of any redemption period 

(or, if no redemption period, within seven days after the date of this judgment), 

together with attorneys’ fees, costs, advances, and expenses of the proceedings (to 

the extent provided in the mortgage or by law), the mortgaged real estate shall be 

sold as directed by the court. The proceeds of such sale will be used to satisfy the 

amount due to Plaintiff as set forth in this judgment, together with the interest 

advances, and expenses incurred after judgment at the statutory judgment rate 

from the date of the judgment. 

b. In the event Plaintiff is a purchase of the mortgaged real estate at such sale, the 

Plaintiff may offset against the purchase price of such real estate the amount due 

under the judgment for foreclosure and order confirming the sale. 

c. If no redemption is made prior to such sale, such a sale shall forever bar and 

foreclose, the Defendants made parties to the foreclosure and all persons claiming 

by, through or under them, and each and any and all of them from any right, title, 

interest, claim, lien or right to redeem in and to the mortgaged real estate. 

d. If no redemption is made prior to such sale, a deed shall be issued to the purchaser 

at sale according to law and such purchaser shall be allowed possession of the 

mortgaged real estate in accordance with statutory provisions relative thereto. 

2. SALE: The subject real estate is ordered to be sold pursuant to 735 ILCS 5/15-1507. 

3. SALE PROCEDURES: 

a. The subject real estate shall be sold pursuant to statute at the expiration of both 

the reinstatement period and the redemption period. The premises hereinabove 

described, covered by the security foreclosed in this action, shall be sold at public 

venue by a Special Commissioner appointed by this Court, hereinafter referred to 

as “Sale Officer”). 

b. The Judicial Sale to be conducted pursuant to this Judgment for Foreclosure and 

Sale shall be by public auction. The opening bid shall be a verbal bid provided to 

the Sale Officer by Plaintiff and conducted by the Sale Officer and shall be 

conducted in full compliance with the statutory requirements contained in 735 

ILCS 5/15-1507. In the event that Plaintiff fails to notify the Sale Officer of its 

initial bid, then the Sale Officer shall continue the sale to a date as mutually 

agreed upon by the Sale Officer and Plaintiff’s counsel and in compliance with 

735 ILCS 5/15-1507(c)(4). If the sale is erroneously held without Plaintiff having 

notified the Sale Officer of Plaintiff’s initial bid, Plaintiff shall have the option to 

have the sale vacated and held for naught. 

c. The real estate shall be sold for cash in the form of a cashier’s check, certified 

funds, or other good bank funds, to the highest bidder, with all sums due at the 

time of sale unless other terms are agreed to by Plaintiff. The Sale Officer shall 

not accept cash in the form of currency, nor shall the Sale Officer accept personal 

checks or other funds that in the discretion of the Sale Officer are not “good 

funds”. The sale terms are a down-payment of 10% in certified funds, with the 

remaining balance due within 24 hours in the form of a cashier’s check, certified 

funds or other good bank funds. In the event the bidder fails to comply with the 

terms of the purchase as required, then upon demand by Plaintiff in a notice 

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served on the Sale Officer and the bidder, the funds submitted shall be forfeited to 

Plaintiff or, in the alternative, Plaintiff shall have the option to demand that the 

property be sold to the next highest bidder. In the event there is a third party 

bidder other than Plaintiff, the Sale Officer shall obtain the name, address *other 

than a post office box), and telephone number of that bidder. Notice by regular 

mail to the address given by the bidder and to the Sale Officer shall be deemed 

sufficient notification by the Plaintiff to exercise its option to forfeit the funds. 

d. Any purchaser at the Judicial Sale takes subject to any and all liens, 

encumbrances, or existing defects in title. The subject property is offered for sale 

without any representation as to quality or quantity of title. Plaintiff shall not be 

responsible for any damages resulting from existing liens, encumbrances or title 

defects, nor does Plaintiff make any warranties as to the condition of title, either 

express or implied, by virtue of the Judicial Sale. 

4. NOTICE OF SALE:

a. In a foreclosure under Article 15, the mortgagee, its Attorney, the Sale Officer, or 

such other party designated by the court shall give public notice of the Sale 

pursuant to statute. The Notice of Sale shall include all information as required 

by 735 ILCS 5/15-1507(c) parts (A)-(H) where such information is available to 

Plaintiff or counsel for Plaintiff. Immaterial errors in the information shall not 

invalidate the legal effect of the notice. Plaintiff shall include any information 

regarding improvements to the property where such information is available to the 

Plaintiff; provided, however, that Plaintiff is not obligated to make a 

determination as to such improvements where such a determination would cause 

the incurrence of additional cost to the Plaintiff unless otherwise ordered by the 

court. The Notice of Sale shall contain at least the following information: 

i. The name, address and telephone of the person to contact for information 

regarding the real estate. 

ii. The common address and other common description (other than legal 

description), if any, of the real estate. 

iii. A legal description of the real estate sufficient to identify it with 

reasonable certainty. 

iv. A description of the improvements on the real estate. 

v. The times specified in the Judgment or separate order, if any, when the 

real estate may be inspected prior to sale. 

vi. The time and the place of the sale. 

vii. The terms of the sale. 

viii. The title, case number and the court in which the foreclosure was filed. 

ix. In the case of a condominium unit, to which Subsection (g) of Section 9 of 

the Condominium Act applies, the statement required by subsection (g)(5) 

of the Condominium Property Act. 

x. Any other information required herein or by separate order. 

b. The notice of sale shall be published in four consecutive calendar weeks (Sunday 

through Saturday), once in each week. The first such notice to be published not 

more than 34 days prior to the sale and the last such notice shall be published not 

less than 7 days prior to the sale. Publication shall be advertisement in a 

newspaper circulated to the general public in the county in which the real estate is 

located, in the section of that newspaper where legal notices are commonly 

placed. In addition, except in counties with a population in excess of 3,000,000, 

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publication shall include a separate advertisement in the section of such 

newspaper which real estate other than real estate being sold as part of legal 

proceedings is commonly advertised to the general public. Such a separate 

advertisement in the real estate section need not include a legal description. 

However, where both advertisements could be published in the same newspaper 

and that newspaper does not have separate legal notices and real estate 

advertisement sections, a single advertisement with the legal description shall be 

sufficient, and that no other publications shall be required unless otherwise 

ordered by the Court. 

c. The party who gives notice of public sale shall also give notice of public sale to 

all parties in the action who have appeared and have not heretofore been found by 

the court to be in default for failure to plead. Such notice shall be given in the 

manner provided in the applicable rules of court for service of papers other than 

process and complaint, not more than 34 days nor less than 7 days prior to the day 

of sale. After notice is given as required by statute, a copy thereof shall be filed 

in the Office of the Clerk of this court together with a certificate of counsel or 

other proof of that notice has been served in compliance with this Section. 

d. The party who gives notice of public sale shall again give notice of any adjourned 

sale; provided, however, that if the adjourned sale is to occur less than 60 after the 

last scheduled sale, notice of any adjourned sale need not be given. 

e. Notice of the sale may be given prior to the expiration of any reinstatement period 

or redemption period. No other notice by publication or posting shall be 

necessary. 

f. The person named in the notice of sale to be contacted for information about ht 

real estate may, but shall not be required to, provide additional information other 

than that set forth in the notice of sale. 

5. SALE PROCEEDS:

a. In the event that Plaintiff is the purchaser of the mortgaged real estate at such sale, 

Plaintiff may offset against the purchase price of such real estate the amounts due 

under the Judgment of Foreclosure together with interest at the statutory interest 

rate from the date of Judgment through the date of sale, plus any fees, costs and 

advances made after the entry of this Judgment of Foreclosure and Sale pursuant 

to 735 ILCS 5/15-1505 and 15-1603. 

b. The proceeds of the sale shall be distributed in the following order pursuant to 

735 ILLCS 5/15-1512: 

i. The reasonable expenses of sale. 

ii. The reasonable expenses of securing possession before sale, holding, 

maintaining, and preparing the real estate for sale, including payment of 

taxes and other governmental charges, premiums on hazard and liability 

insurance, management fees, and, to the extent provided for in the 

mortgage or other recorded agreement and not prohibited by law, 

reasonable attorneys’ fees, payments made pursuant to Section 15-1505, 

and other legal expenses incurred by the mortgagee. 

iii. Satisfaction of all claims in the order of priority as set forth in the 

Judgment of Foreclosure and Sale. If the issue of priorities was reserved 

pursuant to 735 ILCS 5/15-1506(h), the proceeds will be distributed as set 

forth in the order confirming sale. 

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iv. Any balance of proceeds due after the above distribution shall be held by 

the Sale Officer conducting the sale until further order of the court. 

6. RECEIPT UPON SALE AND CERTIFICATE OF SALE:

Upon and at the sale of mortgaged real estate, the Sale Officer shall give to the 

purchaser a receipt of sale. The receipt shall describe the real estate purchased 

and shall show the amount paid or to be paid for the real estate. An additional 

receipt shall be given at the time of each subsequent payment. Upon payment in 

full of the amount bid, the Sale Officer shall issue, in duplicate, and give to the 

purchaser, a Certificate of Sale in recordable form, which describes the real estate 

purchased and states the amount paid. The Certificate of Sale shall be freely 

assignable. 

7. REPORT OF SALE:

The Sale Officer shall promptly make a report to the court. The Report of Sale 

may be prepared by the Plaintiff to be reviewed and executed by the Sale Officer. 

The Sale Officer shall submit the report, or cause it to be submitted, for review by 

the court at the time of Confirmation of Sale. The report shall include a copy of 

all receipts of sale. 

8. CONFIRMATION OF SALE:

Upon motion and notice in accordance with court rules applicable to motions 

generally, the court shall conduct a hearing to confirm the sale pursuant to 735 

ILCS 5/15-1508. The Mortgagee, its Attorney, the Sale Officer or such other 

party designated by the court, shall send notice of such hearing. 

a. Unless the court finds that a notice required in accordance with 735 ILCS 5/15-

1507(c) was not given, that the terms of the sale were unconscionable, that the 

sale was conducted fraudulently, or that justice was otherwise not done, the court 

shall then enter an Order Confirming the Sale. 

b. The Order Confirming the Sale may include an Order for Possession. In the 

alternative, the Order for Possession may be by separate order. 

c. If the proceeds of the sale are not sufficient to satisfy those sums due the Plaintiff, 

the court shall enter a Personal Deficiency Judgment pursuant to 735 ILCS 5/15-

1508(e), but only if the court finds that it has personal jurisdiction over the parties 

personally liable on the note and that said liability has not been discharged in 

bankruptcy. If the court does not have personal jurisdiction over those parties 

liable on the note of if there is no personal liability based on other findings by the 

court, the court shall enter an In Rem Deficiency Judgment. 

9. SPECIAL RIGHT TO REDEEM:

If the subject real estate has been found to be residential as defined by statute, and 

if the purchaser at the judicial sale was a mortgagee who was a party to the 

foreclosure or its nominee, and the sale price is less than the amount specified in 

735 ILCS 5/15-1603(d), then an owner of redemption as set forth in Section 15-

1603(a) shall have a special right to redeem, for a period ending by paying the 

mortgagee the sale price plus all additional costs and expenses incurred by the 

mortgagee set forth in the report of sale and confirmation by the court. The 

period for such a special right to redeem ends 30 days after the date the sale is 

confirmed. Any real property so redeemed shall be subject to a lien for any 

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deficiency remaining with the same lien priority as the underlying mortgage 

foreclosed herein, without any rights of homestead. 

If the United States is a party to this action by virtue of a lien of the Internal 

Revenue Service, the United States shall have 120 days form the date of sale 

within which to redeem the property from the sale. If the United States is 

otherwise a party to this action, the United States shall have one year from the 

date of the sale to redeem. 

10. TERMINATION OF SUBORDINATE INTEREST:

a. In the event of such sale and the failure of the person entitled thereto to redeem 

prior to such sale pursuant to statutory provisions, the Defendants made parties ot 

the foreclosure in accordance with statutory provisions, all parties notified by a 

recorded notice of foreclosure, and all persons claiming by, through or under 

them, and for each and any and all of them, shall be forever barred and foreclosed 

of any right, title, interest, claim, lien or right to redeem in and to the mortgaged 

real estate. 

b. This Judgment and all orders entered pursuant to said Judgment are valid as stated 

above. The inadvertent failure to name a subordinate record claimant will not 

invalidate this Judgment. Plaintiff may amend the complaint for foreclosure to 

name such a party if it is made aware of the claim prior to the judicial sale without 

affecting the validity of the Judgment as to the other parties Defendant. If a 

property has gone to sale or a sale has been confirmed, Plaintiff may vacate the 

sale and/or confirmation of sale and then proceed to amend its complaint as noted 

above in this subparagraph b. 

11. ISSUANCE OF DEED:

After the expiration of the mortgagor’s reinstatement and redemption rights, 

payment of the purchase price by the successful bidder and confirmation of the 

sale, the Sale Officer shall promptly execute and issues a deed to the owner and 

holder of the Certificate of Sale pursuant to 735 ILCS 5/15-1509. Delivery of the 

deed shall be sufficient to pass title and will bar all claims of parties to the 

foreclosure and parties having notice by virtue of a recorded notice of foreclosure. 

12. JURISDICTION:

The court retains jurisdiction over the parties and subject matter of this cause for 

the purpose of enforcing this Judgment or vacating said Judgment if a 

reinstatement is made as set forth in this Judgment. 

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13. EFFECT ON LEASES:

The successful bidder at sale shall, upon confirmation of the sale, take its interest 

in the property subject to all bona fide leases or tenancies existing as of the date of 

initiation of this action for foreclosure, pursuant to and as defined by the 

Protecting Tenants at Foreclosure Act of 2009, 12 U.S.C. § 5201 et seq. 

Dated: June 26, 2012 Entered:__________________________________ 

 Honorable Amy J. St. Eve 

James N. Pappas #6291873 

Burke Costanza & Carberry LLP 

Attorneys for Plaintiff 

225 W. Washington St, Suite 2200 

Chicago, Illinois 60606 

(219) 769-1313 

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