1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Jeff Foster,

Plaintiff/Counter-Defendant,

v.

PNC Bank, National Association,

Defendant/Counter-Plaintiff.

)

)

)

)

)

)

)

)

)

Case No. 2012 cv 3130

Honorable Mary M. Rowland

JUDGMENT OF FORECLOSURE AND SALE

 THIS CAUSE HAVING BEEN HEARD By the Court upon the pleadings and affidavits 

filed herewith, the Court finds:

1. That it has jurisdiction of the parties to and the subject matter of this suit.

2. That all of the material allegations in the Counter-complaint filed by PNC Bank, 

National Association (“PNC” or “Counter-Plaintiff”) herein are true and proved.

3. That the equities of this cause are with the Counter-Plaintiff.

4. That Jeff Foster, the Counter-Defendant was served with a copy of the 

Counter-complaint by electronic filing on June 28, 2013[Doc. No.36].

5. That Counter-Defendant Jeff Foster filed his answer to the Counter-complaint on 

August 5, 2013 [Doc. No. 42].

6. That the Mortgage designated in the Counter-complaint and hereby foreclosed by 

this Judgment appears of record in the office of Recorder of Deeds, in Cook County, Illinois as 

Document No. 0617308074 recorded on June 22, 2006, and the property referred to and directed to 

be sold is described as follows:

Case: 1:12-cv-03130 Document #: 208 Filed: 06/02/20 Page 1 of 7 PageID #:4217
2

LOT 132, 133, 134 AND THE SOUTHERLY 1/2 OF LOT 135 IN GEORGE F. 

KOESTER AND COMPANY'S 2nd ADDITION TO SAUGANASH, A SUBDIVISION 

IN CALDWELL'S RESERVE IN TOWNSHIP 40 NORTH, RANGE 13 EAST OF THE 

3rd PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED 

MARCH 15, 1928, AS DOCUMENT NO. 9956617, IN COOK COUNTY, ILLINOIS.

P.I.N. 13-03-113-023 

COMMONLY KNOWN AS: 6201 N. Kilpatrick, Chicago, IL 60646

7. That under the provisions of the mortgage sought to be foreclosed herein, the cost 

of the foreclosure suit is an additional indebtedness which the Counter-Plaintiff may be 

reimbursed and Counter-Plaintiff reserves the right to pursue recovery of said costs, including 

attorney’s fees pursuant to Local Rule 54.3 of the general rules of the United States District Court 

for the Northern District of Illinois. The court grants Counter-Plaintiff leave to submit its petition 

for reimbursement of attorney’s fees and costs allowed under the mortgage sought to be foreclosed 

herein, as allowed under Local Rule 54.3, and any attorney’s fees and costs approved by this Court 

shall be allowed as an additional lien against the real property described above for purposes of the 

foreclosure sale.

Should the Court grant Counter-Plaintiff’s petition for reimbursement of attorney’s fees 

and costs, said order shall provide that the 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 Counter-Defendant in the event of redemption by 

Counter-Defendant, or a deficiency judgment, or otherwise. In the event of redemption by 

Counter-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. Counter-Plaintiff’s 

counsel will be required to notify Counter-Defendant of the provisions of this paragraph at the time 

the Court grants all or any portion of Counter-Plaintiff’s petition for reimbursement of attorney’s 

Case: 1:12-cv-03130 Document #: 208 Filed: 06/02/20 Page 2 of 7 PageID #:4218
3

fees and costs.

8. That PNC has a valid and subsisting mortgage lien and that the mortgage lien is 

superior to the lien of any and all parties hereto for the sum of the total amounts stated below with 

interest as stated, and for the fees, costs and commission on sale and subject to inclusion of any 

fees and costs allowed PNC pursuant to paragraph 7 above.

LOAN BALANCES THROUGH March 24, 2019 

Principal Balance $1,868,151.55

Interest $ 40,694.62

Late Charges $ 1,711.62

Total $1,910,557.77

9. The lien rights of the Counter-Plaintiff and the right, title, interest, claim or lien any 

and all parties in this foreclosure, including Counter-Defendant and all non-record claimants 

shall be terminated upon the confirmation of the judicial sale.

10. That the Court further finds that there is due and owing to the Counter-Defendants 

immediately hereinafter stated, if any, the sums set forth, as a lien(s) upon the subject premises, 

subordinate and inferior to the lien and interest of the Counter-Plaintiff pursuant to the verified 

pleadings filed herein:

None at this time. 

11. Except for Counter-Plaintiff, any other party claiming an interest in the premises or the 

proceeds of the judicial sale of the mortgage real estate is deferred in proving its priority until the 

hearing to confirm the sale. 

12. That pursuant to the terms of the Mortgage and loan documents, the Court finds 

said mortgaged real estate is residential real estate. Therefore, pursuant to 735 ILCS 5/15-1603(b) 

the period of redemption shall expire on the latter of seven months from the date of service or three 

Case: 1:12-cv-03130 Document #: 208 Filed: 06/02/20 Page 3 of 7 PageID #:4219
4

months from the date of entry of a judgment of foreclosure, that being September 3, 2020.

IT IS THEREFORE ORDERED:

I. IT IS ADJUDGED that the owners of the equity of redemption were served with 

summons or appeared in this matter, as shown in paragraph four above.

 II. That unless, within time allowed by law, if any, the Counter-Defendant(s) pay to the 

Plaintiff the amounts set forth in paragraph 9 of this judgment, plus any attorneys fees and costs allowed 

under paragraph 7 of this judgment, with the mortgage rate of interest thereon except for interest on 

attorneys' fees or, if the premises are not redeemed within the time allowed by law as prescribed by 

Sections 735 ILCS 5/15-1603(b) (d) (e) and (f), if any, and after the expiration of the reinstatement period 

provided by 28 U.S.C. 1961, if any, the real estate described as follows with all improvements, fixtures, 

and appurtenances thereto, or so much of said real estate which may be divisible and sold separately 

without material injury to the parties in interest, shall be sold at public auction to the highest bidder for 

cash by the INTERCOUNTY JUDICIAL SALES CORPORATION, or any other officer as designated 

by this court (both hereafter referred to as "SALE OFFICER") at a time and place to be selected by the 

SALE OFFICER.

LOT 132, 133, 134 AND THE SOUTHERLY 1/2 OF LOT 135 IN GEORGE F. KOESTER AND 

COMPANY'S 2nd ADDITION TO SAUGANASH, A SUBDIVISION IN CALDWELL'S 

RESERVE IN TOWNSHIP 40 NORTH, RANGE 13 EAST OF THE 3rd PRINCIPAL 

MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 15, 1928, AS 

DOCUMENT NO. 9956617, IN COOK COUNTY, ILLINOIS.

P.I.N. 13-03-113-023 

COMMONLY KNOWN AS: 6201 N. Kilpatrick, Chicago, IL 60646

 III. If the Counter-Plaintiff chooses to utilize a marketing platform for the subject property, the 

Counter-Plaintiff is authorized to engage an independent contractor to implement a national marketing 

platform to reach a larger market for potential third party bidders. The marketing platform shall include 

Case: 1:12-cv-03130 Document #: 208 Filed: 06/02/20 Page 4 of 7 PageID #:4220
5

providing sale information on a national website, direct-mail advertising, print media marketing, radio 

marketing, and localized advertising in specific communities. All costs for the additional services 

provided by the independent marketing contractor shall be borne by the Counter-Plaintiff or the 

independent marketing contractor. None of the additional costs shall be borne by the 

Counter-Defendant(s). The independent marketing contractor waives any potential lien rights it may 

have in the real estate regarding non-payment of the additional costs borne by the Counter-Plaintiff. 

IV. That the Sale Officer is appointed to execute this judgment. The notice of sale shall 

be published at least 3 consecutive calendar weeks (Sunday through Saturday), once in each week, the 

first such notice to be published not more than 45 days prior to the sale, the last such notice to be 

published not less than 7 days prior to the sale, by:

(A) advertisements 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; and 

(B) separate advertisements in the section of such a newspaper, which may not be the same 

newspaper used for section (A), in which real estate other than real estate being sold as part of legal 

proceedings is commonly advertised to the general public, there being no requirement for the second 

advertisement to include a legal description; and 

(C) such other publication as may be further ordered by the court.

 V. That said sale may be adjourned at the discretion of the party conducting it provided, 

however, that if the adjourned sale date is to occur less than sixty days after the last scheduled sale, 

notice need not be given.

VI. That Counter-Plaintiff, or any of the parties herein, may become the purchaser at such 

sale; that if Counter-Plaintiff is the successful bidder at said Sale, the amount due the plaintiff, plus all 

costs, advances and fees hereunder, plus any and all additional costs, advances and fees allowed by law, 

shall be taken as a credit on its bid. 

VII. That said Sale Officer upon making such sale, shall immediately execute and deliver 

Case: 1:12-cv-03130 Document #: 208 Filed: 06/02/20 Page 5 of 7 PageID #:4221
6

to the purchaser a Receipt of Sale and, with all convenient speed, file a report of sale and distribution 

with the Court for its approval and confirmation; that said Sale Officer shall include in the report of sale 

a breakdown of the distribution of the sale proceeds and attach a copy of the Receipt of Sale; that out of 

the proceeds of sale, distribution shall be made in the following order of priority:

(a)The Sale Officer for his disbursements and commissions;

(b) To the Counter-Plaintiff or its attorney, the amounts set forth in paragraph 8, together with 

interest thereon at the statutory judgment rate from the date of judgment, through the date of 

the Sale; together with the amounts of other expenses including attorneys' fees authorized by 

the Court which the Counter-Plaintiff reasonably incurs between the date of entry of this 

Judgment and the date of sale or redemption, plus any additional costs and sale;

VIII. That, if after payment of the above items there shall be a remainder, said Sale Officer 

shall hold this surplus subject to the further order of this Court; that, if there are insufficient funds to pay 

in full the amounts found due herein, said Sale Officer shall specify the amount of this deficiency in the 

report of sale.

IX. That, upon payment in full of the bid amount, the party conducting said sale shall 

issue in duplicate a certificate of sale in recordable form describing the real estate purchased and the 

amount paid therefor and this certificate shall be freely assignable; upon confirmation of sale and upon 

payment of the purchase price and any other amounts required to be paid by the purchaser at sale, the 

party conducting said sale shall, upon the request of the holder of the certificate of sale, or the purchaser 

if no certificate of sale was issued, execute and deliver to the holder or purchaser a deed sufficient to 

convey title; that said conveyance shall be an entire bar to all claims of the parties to the foreclosure and 

all persons claiming thereunder and all claims of Unknown Owners and any Non-Record Claimants.

X. That the parties hereto who shall be in possession of said premises, or any part 

thereof, or any person who may have come into such possession under them, or any of them, since 

the commencement of this suit, shall, immediately after the confirmation of the Sale, surrender 

Case: 1:12-cv-03130 Document #: 208 Filed: 06/02/20 Page 6 of 7 PageID #:4222
7

possession of said premises to the purchaser, his representative or assigns; that the order 

confirming said sale shall so provide

XI. That pursuant to the terms of the Mortgage and loan documents, the Court finds 

said mortgaged real estate is residential real estate. Therefore, pursuant to 735 ILCS 

5/15-1603(b) the period of redemption shall expire on the latter of seven months from the date of 

service or three months from the date of entry of a judgment of foreclosure, that being 

SEPTEMBER 3, 2020.

XIV. Plaintiff, PNC, shall within seven (7) days from the entry of the order of this 

judgment of foreclosure and sale mail copies of it to Defendants at their last know addresses.

DATE: June 2, 2020

ENTER: _____________________

JUDGE

Marcel C. Duhamel, Esq. (Ohio Bar No. 0062171 pro hac vice)

Lindsay Doss Spillman, Esq. (Ohio Bar No. 0086849 pro hac vice)

Vorys Sater, Seymour and Pease LLP

200 Public Square, Suite 1400

Cleveland, OH 44114

(216) 479-6100

mcduhamel@vorys.com

ldspillman@vorys.com

James M. Crowley, Esq. (ARDC 6182597)

John F. Sullivan, Esq. (ARDC 6205900)

Plunkett Cooney, PC

221 N. LaSalle Street, Suite 1550

Chicago, IL 60601

(312) 670-6900

jcrowley@plunkettcooney.com

jsullivan@plunkettcooney.com

Case: 1:12-cv-03130 Document #: 208 Filed: 06/02/20 Page 7 of 7 PageID #:4223