IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

HSBC BANK USA, N.A., AS INDENTURE 

TRUSTEE FOR THE REGISTERED 

NOTEHOLDERS OF RENAISSANCE HOME 

EQUITY LOAN TRUST 2007-2

 PLAINTIFF CASE NUMBER:1:12-cv-3321 

VS. DISTRICT JUDGE: Charles R. Norgle, Sr.

PAUL D. HOWEY, CHICAGO TITLE AND TRUST 

COMPANY, AN ILLINOIS CORPORATION, 

JPMORGAN CHASE BANK, NA, SUCCESSOR IN 

INTEREST TO GREAT WESTERN BANK, 

KAREN HOWEY,

 DEFENDANT(S).

MAGISTRATE JUDGE: Martin C. Ashman

PLAINTIFF’S MOTION FOR ENTRY OF JUDGMENT WITH DAMAGES

Plaintiff, by counsel, for its Motion for Entry of Judgment with Damages, states as follows:

1. Judgment Affidavit Establishes the Facts Stated Therein and that Defendant is Indebted to 

Plaintiff in the amount of $280,638.48.

Plaintiff’s Affidavit of Debt itemizes that amounts that Plaintiff claims are due and owing under 

the Note and Mortgage, including the unpaid principal balance, escrow charges for taxes and 

insurance disbursed by Plaintiff on behalf of Defendant1, late charges2, interest on the unpaid 

principal balance at the rate of 10.34%3, and other reimbursable advances made by Plaintiff including 

property inspections, property valuations, costs of title searches and costs of certified mailings to the 

Defendants4.

Plaintiff’s Affidavit of Debt includes proof that the records that the affiant reviewed were made 

at or near the time of the transactions and kept in the ordinary course of the business activity 

regularly conducted by the loan servicer and that it is its regular practice to make and keep those 

records.5 This meets the requirements to admit the records as a hearsay exception under Rule 803(6). 

There is no requirement that the affiant be the “maker” of the records.6 He has attached a “print-out 

 

1 Doc. #1-3, ¶ 1, 3.

2 Doc. #1-4, ¶ 6(A)

3 Doc. #1-4, ¶ 2

4 Doc. #1-4, ¶ 6(E) and Doc. #1-3, ¶ 9.

5 Doc. #17-3, P. 1.

6

See United States v. Rose, 562 F.2d 409, 410 (7th Cir. 1977) (“We reaffirmed an earlier decision of this 

court in Peter Ekrich and Sons, Inc. v. Selected Meat Co., 7 Cir., 512 F.2d 1158 (1975) when we held that 

“ . . . the person who makes the records need not testify.” Id. at 1159. Further, Rule 803(6) of the Federal 

Rules of Evidence refers only to “the custodian or other qualified witness” without any suggestion that the 

foundation for introduction of a record must be laid by its maker.”).

Case: 1:12-cv-03321 Document #: 36 Filed: 10/11/13 Page 1 of 2 PageID #:172
2

generated from Ocwen Loan Servicing, LLC (the servicer and attorney-in-fact for Plaintiff)’s 

regularly maintained Servicing Records pertaining to Defendant’s account,” along with the actual 

attachment that designates P. Howey by name and includes his loan number and a summary of 

amounts due. This shows sufficient familiarity with Defendants’ loan and a connection between the 

facts of the affidavit and the supporting Servicing Records.

2. Plaintiff is Also Entitled to Recover Attorney’s Fees and the Costs Required to 

Prosecute this Action and Preserve its Interests in the Amount of $2,255.50.

The Note and Mortgage provide that, in the event of default, the Plaintiff is entitled to recover the 

attorney’s fees and costs necessary to protect its interests in the property.7 Plaintiff incurred costs in 

protecting and prosecuting this action, including a $285.00 cost for hiring a special process server to 

serve the Defendant’s in this action with the Summons and Complaint, a $350.00 filing fee, $70.50 

recording fees for the recording of an Assignment of the Mortgage and a Lis Pendens, and $1,550.00 

attorney’s fees as broken down in the Amended Affidavit of Attorney Fees.

WHEREFORE, Plaintiff, by counsel, respectfully requests that the Court enter a Judgment of 

Foreclosure including damages in the amount of $282,893.98. 

Respectfully submitted,

By: _____/s/ Julia M. Bochnowski 

JULIA M. BOCHNOWSKI #6301499

Burke Costanza & Carberry LLP

150 N. Michigan, 8th Floor, Chicago, IL 60601

(219) 769-1313

CERTIFICATE OF SERVICE

I certify that on the 11th day of October, 2013, service of a true and complete copy of the 

above and foregoing pleading or paper was made upon each party or attorney of record herein by 

depositing the same in the United States Mail in envelopes properly addressed to each of them and 

with sufficient first class postage affixed. 

Service List

Christopher S. Fowler

Crowley & Lamb, PC

221 N. LaSalle St., Ste. 1550

Chicago, IL 60601

Chicago Title and Trust Company, an Illinois Corporation

c/o C T Corporation System

208 S. LaSalle St., Suite 814

Chicago, IL 60604

JPMorgan Chase Bank, NA

1111 Polaris Parkway

Columbus, OH 43240

 

7 Doc. #1-4, ¶ 6(E) and Doc. #1-3, ¶ 9

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