UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

IN RE: DYLAN REEVES, ) Case No. 13-21976

)

Debtor, ) Chapter 13

)

DYLAN REEVES, ) Adv. Pro. No. 16-00523

)

Plaintiff, ) Honorable Janet S. Baer

) Judge Presiding

v. )

)

KONDAUR CAPITAL CORP., )

)

Defendant. )

KONDAUR’S STATEMENT OF MATERIAL FACTS

Defendant, Kondaur Capital Corp. (“Kondaur”), by its counsel, pursuant to Local Rule

7056-2 (A)(2) submits the following Statement of Material Facts in support of its Motion for

Summary Judgment.

1. This action concerns real property commonly known as 9808 S. Normal, Chicago,

IL 60628 (“Subject Property”).

2. On or about August 20, 2000, Willie D. Maxie conveyed the Subject Property to

Plaintiff by warranty deed recorded on July 22, 2005 with the Cook Country Recorder of Deeds

as Document Number 0520344052 (“Warranty Deed”). A true and accurate copy of the

Warranty Deed is attached hereto as Exhibit A.

3. The Warranty Deed contains the following legal description for the Subject

Property:

LOT 4 (EXCEPT THE NORTH 8 FEET THEREOF) AND THE NORTH 8 FEET OF

LOT 5 IN BLOCK 9 IN ODELL’S ADDITION TO EUCLID PARTK, A

SUBDIVISION OF THE EAST 1⁄2 OF THE NORTHWEST 1⁄4 OF SECTION 9,

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TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN,

IN COOK COUNTY, ILLINOIS.

4. The Warranty Deed provides a permanent index number (“PIN”) for the Subject

Property as 25-09-129-057-0000. See Warranty Deed (Ex. A).

5. On December 8, 2006, Shorebank extended a mortgage loan to Borrower in the

original maximum principal amount of $231,300 (“Subject Loan”).

6. The Subject Loan is secured by a mortgage encumbering the Subject Property

recorded with the Cook County Recorder of Deeds on March 27, 2007 as Document No.

0708641088 (“Subject Mortgage”). A true and accurate copy of the Subject Mortgage is

attached hereto as Exhibit B.

7. The Subject Mortgage provides the following legal description for the Subject

Property:

LOT 4 (EXCEPT THE NORTH 8 FEET THEREOF) AND THE NORTH 8 FEET OF

LOT 5 IN BLOCK 9 IN ODELL’S ADDITION TO EUCLID PARTK, A

SUBDIVISION OF THE EAST 1⁄2 OF THE NORTHWEST 1⁄4 OF SECTION 9,

TOWNSHIP 37 NORTH, RANGE 17, EAST OF THE THIRD PRINCIPAL

MERIDIAN, IN COOK COUNTY, ILLINOIS.

See Subject Mortgage (Ex. B).

8. The Subject Mortgage provides a PIN for the Subject Property as 25-09-129-057-

0000. Id.

9. On December 29, 2006, Gina Morrow conveyed to Borrower a warranty deed for

certain real property (“Morrow Lot”) immediately adjacent to the Subject Property. A true and

accurate copy of the Morrow Lot Warranty Deed is attached hereto as Exhibit C.

10. The Morrow Lot Warranty Deed provides the following legal description for the

Morrow Lot:

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The South 8.00 feet of the North 16.00 feet of Lot 5 in V.H. Surghnor’s Subdivision of

Block 9 to 16 in Odell’s Addition to Euclid Park Subdivision of the East 1⁄2 of the

Northwest 1⁄4 of Section 9, Township 37 North, Range 14, East of the Third Principal

Meridian, according to the plat thereof recorded as document number 1541584, in Cook

County, Illinois.

11. Federal Deposit Insurance Corporation, as receiver for Shorebank assigned the

Subject Mortgage to Urban Partnership Bank (“UPB”) by way of assignment recorded with the

Cook County Recorder of Deeds Office on November 7, 2011 as Document No. 1131116051

(the “UPB Assignment”). A true and accurate copy of the UPB Assignment is attached hereto

as Exhibit D.

12. The UPB Assignment identifies the Subject Mortgage as dated December 8, 2006

and recorded March 27, 2007. See UPB Assignment (Ex. D).

13. The UPB Assignment provides the following legal description for the Subject

Property:

LOT 4 (EXCEPT THE NORTH 8 FEET THEREOF) AND THE NORTH 8 FEET OF

LOT 5 IN BLOCK 9 IN ODELL’S ADDITION TO EUCLID PARTK, A

SUBDIVISION OF THE EAST 1⁄2 OF THE NORTHWEST 1⁄4 OF SECTION 9,

TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN,

IN COOK COUNTY, ILLINOIS.

Id.

14. On November 22, 2011, UPB recorded a notice of Lis Pendens and Notice of

Foreclosure against the Subject Property with the Cook County Recorder of Deeds as Doc. No.

1132644060 (“Lis Pendens”) concerning its foreclosure complaint in the Cook County Circuit

Court, Case No. 11 CH 40227 (“Foreclosure Action”). A true and accurate copy of the Lis

Pendens is attached hereto as Exhibit E.

15. The Lis Pendens identifies the Subject Mortgage and provides the following legal

description for the Subject Property:

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LOT 4 (EXCEPT THE NORTH 8 FEET THEREOF) AND THE NORTH 8 FEET OF

LOT 5 IN BLOCK 9 IN ODELL’S ADDITION TO EUCLID PARK, A SUBDIVISION

OF THE EAST 1⁄2 OF THE NORTHWEST 1⁄4 OF SECTION 9, TOWNSHIP 37 NORTH,

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

ILLINOIS.

See Lis Pendens (Ex. E).

16. On May 27, 2013, Plaintiff Dylan Reeves (“Plaintiff”) filed a voluntary petition

for Chapter 13 bankruptcy relief with the United States Bankruptcy Court for the Northern

District of Illinois, Case No. 13-21976 (“Bankruptcy Action”).

17. The Subject Mortgage was assigned from UPB to MRF IL One, LLC (“MRF

One”) on or about December 13, 2013 and recorded with the Cook County Recorder of Deeds as

Doc No. 1610656052 on April 15, 2016 (“MRF One Assignment”). A true and accurate copy of

the MRF ONE Assignment is attached hereto as Exhibit F.

18. MRF One assigned the Subject Mortgage to Kondaur Capital Corporation, as

Separate Trustee of Matawin Ventures Trust Series 2015-2 (“Kondaur”) on April 15, 2016 and

recorded with the Cook County Recorder of Deeds as Doc. No. 1610656053 (“Kondaur

Assignment”). A true and accurate copy of the Kondaur Assignment is attached hereto as

Exhibit G.

19. A search of the grantor/grantee index maintained by the Cook County Recorder of

Deeds for “Reeves Dylan” provides a result which includes the Warranty Deed, Subject

Mortgage, and the Lis Pendens. See Declaration of Coleman J. Braun (“Braun Declaration”), a

true and accurate of which is attached hereto as Exhibit H, at ¶ 5; see also, Grantor/Grantee

Search Results attached to Braun Declaration as Exhibits H-1, H-2, and H-3.

20. On December 8, 2016, following briefing and oral arguments on Plaintiff’s

motion for summary judgment [Doc. 8], this Court denied Plaintiff’s motion and determined that

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the Plaintiff’s Chapter 13 plan filed in the Bankruptcy Action has no preclusive effect on the

Subject Loan and Subject Mortgage and that “the Lien will pass through the Debtor’s chapter 13

case unaffected.” A true and accurate copy of this Court’s Order dated December 8, 2016 is

attached hereto as Exhibit I.

Dated: December 22, 2016 Respectfully submitted,

Ralph T. Wutscher KONDAUR CAPITAL CORP.,

Coleman J. Braun

Allan Z. Enriquez

MAURICE WUTSCHER LLP

105 W. Madison Street, 18th Floor

Chicago, Illinois 60602

Tel. (312) 416-6170 By: /s/ Coleman J. Braun

Fax. (312) 284-4751 One of Its Attorneys

Certificate of Service

Coleman J. Braun, an attorney, certifies that on December 22, 2016, he caused the

service of a true and correct copy of the foregoing document and any referenced exhibits via

ECF on all parties who are Filing Users.

/s/ Coleman J. Braun

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