THIS IS AN ATTEMPT TO COLLECT A DEBT. 

ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

DEUTSCHE BANK NATIONAL TRUST 

COMPANY, AS TRUSTEE FOR GSAA HOME 

EQUITY TRUST 2007-4, ASSET-BACKED 

CERTIFICATES, SERIES 2007-4

 PLAINTIFF 

CASE NUMBER: 1:12-cv-3648

VS.

CZESLAW LUPA, BANK OF AMERICA, NA 

SUCCESSOR IN INTEREST TO LASALLE 

BANK NA, HALINA LUPA,

 DEFENDANT(S).

COMPLAINT TO FORECLOSE MORTGAGE

Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR GSAA 

HOME EQUITY TRUST 2007-4, ASSET-BACKED CERTIFICATES, SERIES 2007-4, by Burke 

Costanza & Carberry LLP, one of its attorneys, files its Complaint to foreclose a mortgage, states as 

follows:

1. Plaintiff files this Complaint to Foreclose the Mortgage hereinafter described.

2. Jurisdiction of this Court is based on diversity of citizenship, 28 U.S.C. 1332. There is complete 

diversity and the matters in controversy, exclusive of interest and costs, exceed the sum of $75,000.

3. Plaintiff is a national association chartered under the laws of New York, and having its principal 

place of business and headquarters in the State of New York.

4. Defendant(s) is/are citizen(s) of the following State(s):

Czeslaw Lupa the State of IL

Halina Lupa the State of IL

5. The citizenship of other persons or entities joined as defendants is as follows:

BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LASALLE BANK NA – is a 

national association chartered in North Carolina and having its principal place of business and 

Case: 1:12-cv-03648 Document #: 1 Filed: 05/12/12 Page 1 of 6 PageID #:1
headquarters in North Carolina.

6. Venue is proper in this District because the Mortgage at issue is secured by property located in 

this District and because a substantial part of the events or omissions giving rise to the claim occurred 

here. 18 U.S.C. § 1391.

7. Plaintiff, elected to accelerate the principal balance due, together with accrued interest, fees and 

costs, and confirms that election by the filing of this complaint.

8. Any pre-suit notice requirements have been met, and any and all grace periods have expired or 

have been waived.

9. Attached as Exhibit "A" is a copy of the Mortgage. Attached as Exhibit "B" is a true copy of the 

Interest Only Adjustable Rate Note ("Note") secured thereby. Attached as Exhibit "C" is a copy of the 

Assignment of Mortgage.

10. Information concerning mortgage:

a) Nature of instrument: mortgage

b) Date of mortgage: 12/20/2006

c) Name of mortgagor: Czeslaw Lupa, Halina Lupa

d) Mortgage Information:

i. Name of Original Mortgagee: AMERICAN MORTGAGE NETWORK, INC., 

DBA AMNET MORTGAGE

ii. Name of Current Mortgagee:

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR 

GSAA HOME EQUITY TRUST 2007-4, ASSET-BACKED CERTIFICATES, 

SERIES 2007-4

iii. Name of Current Loan Servicer: Ocwen Loan Servicing, LLC

e) Date and place of recording:

Recorded on 01/09/2007, in the Office of the Cook County Recorder's Office

f) Identification of recording:

Document/Instrument No. 0700955311

g) Interest Subject to Mortgage:Fee Simple

h) Amount of Original Indebtedness:, including subsequent advances made under the 

mortgage: $259,000.00

i) Both the legal description of the mortgaged real estate and the common address or other 

information sufficient to identify it with reasonable certainty:

LOT 23 IN SMITH AND WICKERSHAM`S GLADSTONE PARK VILLA, A 

SUBDIVISION IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 40 NORTH, 

Case: 1:12-cv-03648 Document #: 1 Filed: 05/12/12 Page 2 of 6 PageID #:2
RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, 

ILLINOIS.

More Commonly Known As: 5367 N Magnet Ave

Chicago, IL 60630

Permanent Index No. 13-08-224-004-0000

j) Statement as to defaults: The Mortgage is in default due to the failure of the mortgagor(s) to pay 

the monthly installments of principal, interest, and taxes, from 09/01/2011 through the present. 

There remains an outstanding principal balance of $258,201.34 with interest accruing on the 

unpaid principal balance at $23.31 per day, plus attorneys fees, foreclosure costs, late charges, 

advances, and expenses incurred by the Plaintiff as a result of the default.

k) Name of present owner of the real estate:

Czeslaw Lupa, Halina Lupa

l) Names of other persons who are joined as defendants and whose interest in or lien on the 

mortgaged real estate is sought to be terminated:

That BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LASALLE BANK 

NA is a party to this action by virtue of a Junior Mortgage between Juan Roman and 

Denise Roman, Mortgagor(s), and LASALLE BANK NA, Mortgagee, dated May 24, 

2002 and recorded June 7, 2002 as document number 0020640366 in the amount of 

$55,000.00. This mortgage has been paid in full, but has not been released of record.

That BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LASALLE BANK 

NA is a party to this action by virtue of a Junior Mortgage between Czeslaw Lupa and 

Halina Lupa, Mortgagor(s), and LASALLE BANK NA, Mortgagee, dated May 12, 2007 

and recorded May 22, 2007 as document number 0714202122 in the amount of 

$80,000.00

m) Names of defendants claimed to be personally liable for deficiency, if any:

None

n) Capacity in which Plaintiff brings this foreclosure: Plaintiff is the legal holder of the 

indebtedness and the owner of the mortgage given as security given as security therefore.

o) The redemption period terminates on one of the following dates, whichever is later:

If the Property is Residential Real Estate:

(i) 7 months from the date the mortgagor [or, if more than one, all the mortgagors]

(I) have been served with summons or by publication or 

(II) have otherwise submitted to the jurisdiction of the court; or

Case: 1:12-cv-03648 Document #: 1 Filed: 05/12/12 Page 3 of 6 PageID #:3
(ii) 3 months from the entry of the judgment of foreclosure.

If the Property is Non-Residential Real Estate

(i) 6 months from the date the mortgagor [or, if more than one, all the mortgagors] 

(I) have been served with summons or by publication, or 

(II) have otherwise submitted to the jurisdiction of the Court, if commercial real 

estate; or 

(iii) 3 months from the entry of the judgment of foreclosure,

Pursuant to the terms of the 735 ILCS 5/15-1603, the Court will determine the length of the 

redemption period upon making a finding, based on the facts and circumstances available to the 

Court at the time of judgment, that the property is either residential, non-residential, abandoned, 

or real estate of value less than 90 percent of amount owed.

p) Facts in support of request for attorneys' fees and of costs and expenses, if applicable:

Pursuant to the terms of the Note and Mortgage, the mortgagee is entitled to recover attorneys' 

fees, court costs, title costs, and other expenses, which plaintiff has been and will be required to 

expend in the prosecution of this foreclosure.

q) Facts in support of a request for appointment of mortgagee in possession or for appointment of 

receiver, and identity of such receiver, if sought:

Plaintiff reserves the right to file a separate Petition for Appointment of Mortgagee in 

Possession or Receiver, if applicable.

r) Plaintiff reserves the right to offer, in accordance with Section 15-1402 [735 ILCS 5/15-1402] 

to accept title to the real estate in satisfaction of all indebtedness and obligations secured by the 

mortgage without judicial sale.

s) Name or names of defendants whose right to possess the mortgaged real estate, after the 

confirmation of a foreclosure sale, is sought to be terminated and, if not elsewhere stated, the 

facts in support thereof:

Czeslaw Lupa, Halina Lupa by virtue of being the Mortgagor(s) and/or Owners of record

REQUEST FOR RELIEF

WHEREFORE, Plaintiff respectfully requests:

A. Judgment of foreclosure and sale by the Sheriff of Cook County or a Judicial Sales 

Officer appointed for that purpose.

B. An order granting a shortened redemption period, if applicable.

Case: 1:12-cv-03648 Document #: 1 Filed: 05/12/12 Page 4 of 6 PageID #:4
C. A deficiency judgment against only those Defendants/Obligors, who have not received 

an order discharging the subject debt in bankruptcy proceedings, or who are not 

currently involved in bankruptcy proceedings in which the stay has been modified for 

the sole purpose of foreclosing the subject lien.

D. An Order granting possession if sought.

E. An Order placing the mortgagee in possession or appointing a receiver, if sought.

F. A judgment for attorneys' fees, costs and expenses, including but not limited to 

payments for taxes, insurance, securing, inspections and other expenses of the plaintiff, 

if sought.

G. A finding that the interests of all named defendants are junior and subservient to the 

mortgage lien being foreclosed herein and the termination of leaseholds, if any.

H. An Order enforcing its assignment of rents derived from the real estate, if applicable.

I. Such other and further relief as the Court deems just, including, but not limited 

to, declaratory and injunctive relief.

ADDITIONAL REQUEST FOR RELIEF

J. A Sale by public auction.

K. A cash sale by open bid.

L. A provision that a Sales Officer, Sheriff of Cook County, or special commissioner shall 

conduct the sale for a reasonable fee, which fee shall be recoverable by Plaintiff in the 

event of Redemption.

M. An order that the title in the real estate may be subject, at the sale, to exceptions 

including general real estate taxes for the current year and for preceding years which 

have not become due and payable as of the date of entry of the judgment of foreclosure, 

any special assessments upon real estate, and easements and restrictions of record.

N. That the plaintiff be entitled to recover in any reinstatement or redemption, any 

additional taxes paid, or advances paid for expenses including, but not limited to, 

insurance, inspection, boarding and securing said premises, or other expenses to 

preserve and protect said security.

Dated: May 12, 2012

Case: 1:12-cv-03648 Document #: 1 Filed: 05/12/12 Page 5 of 6 PageID #:5
Respectfully submitted,

/s/ James N. Pappas 

One of Plaintiff's Attorneys

JAMES N. PAPPAS #6291873

Burke Costanza & Carberry LLP

Attorneys for Plaintiff

225 W. Washington St, Suite 2200

Chicago, IL 60606

(219) 769-1313

Case: 1:12-cv-03648 Document #: 1 Filed: 05/12/12 Page 6 of 6 PageID #:6