Preview
FILED
Hearing Date: 5/20/2024 1:30 PM 3/18/2024 6:53 PM
Location: Court Room 2806 IRIS Y. MARTINEZ
Judge: Cocozza, Margaret) ean CIRCUIT CLERK
COOK COUNTY, IL
2024CH02210
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS Calendar, 58
26872859
COUNTY DEPARTMENT - CHANCERY DIVISION
WELLS FARGO BANK, N.A., AS TRUSTEE
FOR PARK PLACE SECURITIES, INC. ASSET-
BACKED PASS-THROUGH CERTIFICATES
SERIES 2005-WHQ2
2024CH02210
PLAINTIFF, NO.
-Vs- PROPERTY ADDRESS:
15201 ROB ROY DRIVE
KATHY L. BABCOCK-TARGIA A/K/A KATHY L. OAK FOREST, IL 60452
BABCOCK A/K/A KATHY BABCOCK-TARGIA;
STATE OF ILLINOIS; UNKNOWN OWNERS &
NON-RECORD CLAIMANTS
DEFENDANTS
COMPLAINT TO FORECLOSE MORTGAGE
Plaintiff, Wells Fargo Bank, N.A., as Trustee for Park Place Securities, Inc. Asset-Backed Pass-
Through Certificates Series 2005-WHQ2, by its Attorneys, LOGS LEGAL GROUP LLP, states
as follows:
1 Plaintiff, Wells Fargo Bank, N.A., as Trustee for Park Place Securities, Inc. Asset-
Backed Pass-Through Certificates Series 2005-WHQ2 (hereinafter "Plaintiff"'), files this
complaint pursuantto 735 ILCS 5/15-1101 et. seq., to foreclose the mortgage, trust deed or
other conveyance in the nature of a mortgage (hereinafter called "Mortgage") hereinafter
described and joins the following persons as defendants:
Kathy L. Babcock-Targia a/k/a Kathy L. Babcock a/k/a Kathy Babcock-Targia
State of Illinois
Unknown Owners & Non-Record Claimants
2 Attached as "EXHIBIT A" is a copy of the Mortgage. Attached as "EXHIBIT B" is a copy
of the Note secured thereby. Attached as "EXHIBIT C" is a copy of the Loan Modification
Agreement. Attached as "EXHIBIT D" is a copy of the Loan Modification Agreement. Attached
as "EXHIBIT E" is a copy of the Loan Modification Agreement. Attached as "EXHIBIT F"is a
copy of the Loan Modification Agreement. Attached as "EXHIBIT G" is a copy of the Loan
Modification Agreement.
3. Information concerning said mortgage:
a) Nature of the instrument: Mortgage and Loan Modification Agreements
b) Date of the Mortgage: February 22, 2005
Date of the Loan Modification Agreement December 20, 2010
Date of the Loan Modification Agreement: April 18, 2016
Date of the Loan Modification Agreement: May 10, 2018
Date of the Loan Modification Agreement: J anuary 22, 2019
Date of the Loan Modification Agreement: J une 9, 2020
°) Name or Names of the Mortgagors: Kathy Babcock-Targia, a Single Woman
d) Name of the mortgagee, trustee or grantee in the Mortgage: Argent Mortgage
Company, LLC.
e) Date and place of recording:
Mortgage Date and Place of recording: March 25, 2005 Cook County
Recorder's Office
Loan Modification Agreement Date and place of Recording : Document is
not recorded (See EXHIBIT C)
Loan Modification Agreement Date and place of Recording : Document is
not recorded (See EXHIBIT D)
Loan Modification Agreement Date and place of Recording : Document is
not recorded (See EXHIBIT E)
Loan Modification Agreement Date and place of Recording : Document is
not recorded (See EXHIBIT F)
Loan Modification Agreement Date and place of Recording : Document is
not recorded (See EXHIBIT G)
Identification of recording:
Mortgage: Document No. 0508404064
Loan Modification Agreement: Not Recorded
Loan Modification Agreement: Not Recorded
Loan Modification Agreement: Not Recorded
Loan Modification Agreement: Not Recorded
Loan Modification Agreement: Not Recorded
9) Interest subject to the mortgage: Fee simple
h) Amount of original Indebtedness, including subsequent advances made under
the mortgage: $154,000.00 modified by Loan Modification Agreementto
$172,963.95, modified by Loan Modification Agreementto $151,876.39, modified
by Loan Modification Agreementto $155,961.05, modified by Loan Modification
Agreementto $158,976.62 and modified by Loan Modification Agreementto
$166,863.72
i) Legal description of Mortgaged premises and common address (hereinafter
"Mortgaged Premises"):
LOT 19, BLOCK 6 IN WARREN J. PETER'S CASTLETOWNE SUBDIVISION
UNIT NO. 1, BEING A SUBDIVISION OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 36 NORTH,
RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF
TITLES IN COOK COUNTY, ILLINOIS, ON J ANUARY 21, 1960, AS
DOCUMENT NUMBER 1905259.
Commonly known as 15201 Rob Roy Drive, Oak Forest, IL 60452
Permanent Index No.: 28-17-210-019-0000
) Statement as to defaults: The Mortgage is in default due to the failure of the
mortgagorto pay the monthly installments of principal, interest, taxes and
insurance, and any other escrow items that may apply, for the period April 2023
through the present. There remains an outstanding principal balance of
$161,013.42 with interest accruing pursuantto the terms of the note and
mortgage, plus deferred principal balance of $16,428.15, plus attorneys fees,
foreclosure costs, late charges, advances and expenses incurred by the Plaintiff
as a result of the default. At the time of the filing of this complaint, the per diem
is $14.34. The per diem may change during the foreclosure.
k) Name of present owner(s) of the real estate:
Kathy L. Babcock-Targia
I) Names of other persons who are joined as defendants and whose interest in or
lien on the mortgaged real estate is soughtto be terminated:
State of Illinois, by virtue of a Recapture Agreement made by Kathy L. Babcock-
Targia to State of Illinois recorded March 25, 2014 as Document No.
1408446081, in the amount of $35,000.00.
Unknown Owners and Non-Record Claimants; upon information and belief, may
have an interest in the said property.
m) Names of defendants claimed to be personally liable for deficiency, if any:
None
n) Plaintiff has the rightto foreclose the subject note and security instrument.
Capacity in which Plaintiff brings this foreclosure:
Plaintiff is the legal holder of the indebtedness secured by the mortgage being
foreclosed herein.
0) Facts in support of redemption period, shorter than the longer of: (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, if residential real estate; (ii) 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, whichever is later.
That pursuantto the terms of the 735 ILCS 5/15-1603, the Court determine the
length of the redemption period upon making a finding based on the facts and
circumstances available to the Courtat the time of judgment that the property is
either residential, non-residential or abandoned.
p) Facts in support of request for attorney's fees and of costs and expenses:
That pursuantto the terms of the Note and Mortgage, the mortgagee is entitled to
recover attorney's 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) Determination as to residential real estate:
(1). That pursuantto the terms of 735 ILCS 5/15-1219, Plaintiff requests that
the court make a finding based upon facts and circumstances available to
the court at the time of J udgment that the subject real estate is either
"residential real estate" occupied as a principal residence either (i) if a
mortgagor is an individual, by that mortgagor, that mortgagor's spouse or
that mortgagor's descendants, or (ii) if a mortgagor is a trustee of a trust
or an executor or administrator of an estate, by a beneficiary of that trust
or estate or by such beneficiary's spouse or descendants or (iii) if a
mortgagor is a corporation, by persons owning collectively at least 50
percent of the shares of voting stock of such corporation or by a spouse
or descendants of such persons and subjectto a 7 month redemption
period.
(2). In the event that the court finds that either: (1) the real estate is
residential, then the real estate shall be subjectto a seven (7) month
redemption period, or (2) The real estate is non-residential, then the real
estate is subjectto a six (6) month redemption period.
r) Facts in support of a request for appointment of mortgagee in possession or for
appointment of a receiver, and identity of such receiver, if sought:
None at this time; Plaintiff reserves the rightto file a separate Petition for
Appointment of Mortgagee in Possession or Receiver if applicable.
s) Name or names of defendants whose rightto possess the mortgaged real estate,
after the confirmation of the foreclosure sale, is soughtto be terminated and, if
not elsewhere stated, the facts in support thereof:
Kathy L. Babcock-Targia a/k/a Kathy L. Babcock a/k/a Kathy Babcock-Targia
REQUEST FOR RELIEF
Plaintiff request:
1 A judgment to foreclose such mortgage and J udicial sale by the Sheriff of Cook
County or J udicial Sales Officer appointed for that purpose.
2 An order granting a shortened redemption period, as applicable.
3. A personal judgment for a deficiency, if sought, only against 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.
4 An order granting possession, if sought
5. An order placing the mortgagee in possession or appointing a receiver, if sought.
6. A judgment including attorneys' fees, costs and expenses including but not limited
to payments for taxes, insurance, securing, inspections and other expenses of the plaintiff.
7. For 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.
8 An order enforcing its assignment of rents derived from said real estate, if
applicable.
9 For such other and further relief as the Court deems just, including, but not limited
to, declaratory and injunctive relief.
ADDITIONAL REQUEST FOR RELIEF
10. A sale by public auction
11. A cash sale by open bid
12. A provision that a Sales Officer, the Sheriff of Cook County, or a special
commissioner shall conduct the sale for a reasonable fee, which fee shall be recoverable
by Plaintiff in the event of redemption.
13. An order that 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.
14. 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.
Wells Fargo Bank, N.A., as Trustee for Park Place
Securities, Inc. Asset-Backed Pass-Through
Certificates Series 2005-WHQ2
/s/ Amy A. Aronson
One of Plaintiffs Attomeys
Randal S. Berg (6277119)
Michael N. Burke (6291435)
Christopher A. Cieniawa (6187452)
Laura J. Anderson (6224385)
Thomas Belczak (6193705)
Mallory Snyderman (6306039)
Debra Miller (6205477)
Amy Aronson (6206512)
LOGS Legal Group LLP
Attomey for Plaintiff
2121 Waukegan Road, Suite 301
Bannockbum, IL 60015
(847) 291-1717
ILNOTICES@logs.com
Attorney No: 42168
THIS IS AN ATTEMPT TO COLLECTA DEBT AND ANY INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE. PLEASE BE ADVISED THAT IF YOUR PERSONAL
LIABILITY FOR THIS DEBT HAS BEEN EXTINGUISHED BYA DISCHARGE IN
BANKRUPTCY OR BY AN ORDER GRANTING IN REM RELIEF FROM STAY, THIS NOTICE
IS PROVIDED SOLELY TO FORECLOSE THE MORTGAGE REMAINING ON YOUR
PROPERTY AND IS NOT AN ATTEMPT TO COLLECT THE DISCHARGED PERSONAL
OBLIGATION.
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
MORTGAGE FORECLOSURE / MECHANICS LIEN SECTION
IN THE ‘MATTER. OF THE APPLICATION OF
THE LAW FIRM OF LOGS LEGAL GROUP'LLP, ) SPS ORDER
FOR A * STANDING ORDER -- FOR )
APPOINTMENT OF A SPECIAL PROCESS )
SERVER. )
ORDE! PI INT! esSTANDING SPECIAL PROCESS SERVE!
This matter coming on fo be heard on the application of LOGS Legal Group LLP f/k/a Shapiro
Kreisman-& Associates, LLC, for a Standing Order for the Appointment of.a special process server for the
Quarter. beginning on January 1, 2024 and ending on March 31, 2024.
T 1S HEREBY ORDERED:
4 Each of the following private detective agencies: Provest, ILC — License Number 117-
001336 and Firefly Legal Inc - License Number 117-001465, certified under the Private Detective, Private
Alarm Private Security, and Locksmith Act.of 2004, 225 ILCS,447-5-5 and their employees over 18 years
of age and in any case which he, or she are not a party are hereby appointed Standing Special Process
‘Servers for the Quarter beginning on January 1, 2024 and ending:on March 31,'2024, in all cases filed-by
LOGS Legal Group LLP f/k/a Shapiro Kreisman & Associates, LLC,:in the Mortgage Foreclosure Section
of the Chancéry Division pursuant to 735 ILCS 5/2-202 and Gerieral Administrative Order No. 2007-03
2. ‘The authority of the appointed-standing special process servers is limited solely to
the service of process in mortgage foreclosure cases for the Quarter beginning on January 1, 2024
and ending on. March 31, 2024, in all cases filed by LOGS Legal Group LLP f/k/a- Shapiro Kreisman
& Associates, LLC.
DATED: ENTERED:
je Lewis M. Nixoi
pervising Judge
LOGS Legal-Group LLP
Jidge Lewis Nixon
2121 Waukegan Road, Suite 301
Bannockburn, IL 60015
1840
(847) 291-1717
ILNOTICES@logs. com:
DEC 1. 2993
Attorney No.: 42168 IRI.
Y,IEeMARTI
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EXHIBIT A
Return To: .
Argent Mortgage Company,
P.0. Box 5047 Rolling
Meadows, IL 60008
LLC
i H
QSNE
Hi i I
i My i I ih
Doo #: 0608404064
Eugene “Gene” Moore Fee: $60.00
Cook County Recorder of Deeds
Prepared By:Argent Mortgage Company, LLC AM Pg: 1 of 19
Date: 03/25/2005 09:47
Jeffrey Kaczorowski
1701 Golf Road,Rolling
Meadows, IL 60008
a
[Space Above This Line For Recording Data]
MORTGAGE
COUNSELORS TITLE CO., LLC
477 E. BUTTERFIELD RD.
SUITE 101
LOMBARD, IL 60148
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is datedFebruary 22, 2005
4
together with all Riders to this document.
(B) "Borrower" is KATHY L. BABCOCK-TARGIA
0 SMale Wome)
Borrower is the mortgagor under this Security Instrument.
|
(C) "Lender" is Argent Mortgage Company, LLC
Lender isa Limited Liability Company
organized and existing under the laws of Delaware
ILLINOIS - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
a Form 3014 1/01
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Page 1 of 15)
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VMP MORTGAGE FORMS - (800)521.7291 i,
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0508404064 Page: 2 of 19
Lender's address is One City Boulevard West Orange CA 92868
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and datedFebruary 22 2005
The Note states that Borrower owes Lender one hundred fifty-four thousand and
00/100
Dollars
(U.S. $154,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than March 1, 2035
(E) "Property" means the property that is described below under the heading “Transfer of Rights in the
Property."
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable].
Od Adjustable Rate Rider (J Condominium Rider (_] second Home Rider
Balloon Rider Planned Unit Development Rider CJ i-4 Family Rider
VA Rider Biweekly Payment Rider Other(s) [specify]
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final
non-appealable judicial opinions.
() "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(J) “Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers
(K) "Escrow Items" means those items that are described in Section 3,
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument. RESPA" refers to all requirements and restrictions that are imposed in regard
to a “federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA
Initials,
& ‘6(IL) (0005) Page 2 of 15 02/21/2005 55:21 Form 3014 1/01
a
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0508404064 Page: 3 of 19
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under
this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey
to Lender and Lender's successors and assigns, the following described property located in the
County [Type of Recording Jurisdiction]
of COOK [Name of Recording Jurisdiction):
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF:
Parcel ID Number: 28172100190000 which currently has the address of
15201 ROB ROY DRIVE [Street]
OAK FOREST [City], Hlinois 60452 [Zip Code}
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Securit Instrument shall be made in U.S.
psu (0008) Pose 3018 99/21/2005 2:55:21 PM Ferm 3014 1/01
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0508404064 Page: 4 of 19
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
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0508404064 Page: 5 of 19
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement"
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (1) sufficient to permit Lender to
apply the Funds at the time specified under RESPA and (2) not to exceed the maximum amount a lender
can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than
twelve monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA,
Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
necessary to make up the deficiency in accordance with RESPA, but in no more than twelve monthly
payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
Dow) (9904).01
0508404064 Page: 6 of 19
lien, Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
Is
Bow (0005) Page6 of 15 02/21/2005 2:55:21 Form 3014 1/01
0508404064 Page: 7 of 19°
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate
Preview
FILED Hearing Date: 5/20/2024 1:30 PM 3/18/2024 6:53 PM Location: Court Room 2806 IRIS Y. MARTINEZ Judge: Cocozza, Margaret) ean CIRCUIT CLERK COOK COUNTY, IL 2024CH02210 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS Calendar, 58 26872859 COUNTY DEPARTMENT - CHANCERY DIVISION WELLS FARGO BANK, N.A., AS TRUSTEE FOR PARK PLACE SECURITIES, INC. ASSET- BACKED PASS-THROUGH CERTIFICATES SERIES 2005-WHQ2 2024CH02210 PLAINTIFF, NO. -Vs- PROPERTY ADDRESS: 15201 ROB ROY DRIVE KATHY L. BABCOCK-TARGIA A/K/A KATHY L. OAK FOREST, IL 60452 BABCOCK A/K/A KATHY BABCOCK-TARGIA; STATE OF ILLINOIS; UNKNOWN OWNERS & NON-RECORD CLAIMANTS DEFENDANTS COMPLAINT TO FORECLOSE MORTGAGE Plaintiff, Wells Fargo Bank, N.A., as Trustee for Park Place Securities, Inc. Asset-Backed Pass- Through Certificates Series 2005-WHQ2, by its Attorneys, LOGS LEGAL GROUP LLP, states as follows: 1 Plaintiff, Wells Fargo Bank, N.A., as Trustee for Park Place Securities, Inc. Asset- Backed Pass-Through Certificates Series 2005-WHQ2 (hereinafter "Plaintiff"'), files this complaint pursuantto 735 ILCS 5/15-1101 et. seq., to foreclose the mortgage, trust deed or other conveyance in the nature of a mortgage (hereinafter called "Mortgage") hereinafter described and joins the following persons as defendants: Kathy L. Babcock-Targia a/k/a Kathy L. Babcock a/k/a Kathy Babcock-Targia State of Illinois Unknown Owners & Non-Record Claimants 2 Attached as "EXHIBIT A" is a copy of the Mortgage. Attached as "EXHIBIT B" is a copy of the Note secured thereby. Attached as "EXHIBIT C" is a copy of the Loan Modification Agreement. Attached as "EXHIBIT D" is a copy of the Loan Modification Agreement. Attached as "EXHIBIT E" is a copy of the Loan Modification Agreement. Attached as "EXHIBIT F"is a copy of the Loan Modification Agreement. Attached as "EXHIBIT G" is a copy of the Loan Modification Agreement. 3. Information concerning said mortgage: a) Nature of the instrument: Mortgage and Loan Modification Agreements b) Date of the Mortgage: February 22, 2005 Date of the Loan Modification Agreement December 20, 2010 Date of the Loan Modification Agreement: April 18, 2016 Date of the Loan Modification Agreement: May 10, 2018 Date of the Loan Modification Agreement: J anuary 22, 2019 Date of the Loan Modification Agreement: J une 9, 2020 °) Name or Names of the Mortgagors: Kathy Babcock-Targia, a Single Woman d) Name of the mortgagee, trustee or grantee in the Mortgage: Argent Mortgage Company, LLC. e) Date and place of recording: Mortgage Date and Place of recording: March 25, 2005 Cook County Recorder's Office Loan Modification Agreement Date and place of Recording : Document is not recorded (See EXHIBIT C) Loan Modification Agreement Date and place of Recording : Document is not recorded (See EXHIBIT D) Loan Modification Agreement Date and place of Recording : Document is not recorded (See EXHIBIT E) Loan Modification Agreement Date and place of Recording : Document is not recorded (See EXHIBIT F) Loan Modification Agreement Date and place of Recording : Document is not recorded (See EXHIBIT G) Identification of recording: Mortgage: Document No. 0508404064 Loan Modification Agreement: Not Recorded Loan Modification Agreement: Not Recorded Loan Modification Agreement: Not Recorded Loan Modification Agreement: Not Recorded Loan Modification Agreement: Not Recorded 9) Interest subject to the mortgage: Fee simple h) Amount of original Indebtedness, including subsequent advances made under the mortgage: $154,000.00 modified by Loan Modification Agreementto $172,963.95, modified by Loan Modification Agreementto $151,876.39, modified by Loan Modification Agreementto $155,961.05, modified by Loan Modification Agreementto $158,976.62 and modified by Loan Modification Agreementto $166,863.72 i) Legal description of Mortgaged premises and common address (hereinafter "Mortgaged Premises"): LOT 19, BLOCK 6 IN WARREN J. PETER'S CASTLETOWNE SUBDIVISION UNIT NO. 1, BEING A SUBDIVISION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 36 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES IN COOK COUNTY, ILLINOIS, ON J ANUARY 21, 1960, AS DOCUMENT NUMBER 1905259. Commonly known as 15201 Rob Roy Drive, Oak Forest, IL 60452 Permanent Index No.: 28-17-210-019-0000 ) Statement as to defaults: The Mortgage is in default due to the failure of the mortgagorto pay the monthly installments of principal, interest, taxes and insurance, and any other escrow items that may apply, for the period April 2023 through the present. There remains an outstanding principal balance of $161,013.42 with interest accruing pursuantto the terms of the note and mortgage, plus deferred principal balance of $16,428.15, plus attorneys fees, foreclosure costs, late charges, advances and expenses incurred by the Plaintiff as a result of the default. At the time of the filing of this complaint, the per diem is $14.34. The per diem may change during the foreclosure. k) Name of present owner(s) of the real estate: Kathy L. Babcock-Targia I) Names of other persons who are joined as defendants and whose interest in or lien on the mortgaged real estate is soughtto be terminated: State of Illinois, by virtue of a Recapture Agreement made by Kathy L. Babcock- Targia to State of Illinois recorded March 25, 2014 as Document No. 1408446081, in the amount of $35,000.00. Unknown Owners and Non-Record Claimants; upon information and belief, may have an interest in the said property. m) Names of defendants claimed to be personally liable for deficiency, if any: None n) Plaintiff has the rightto foreclose the subject note and security instrument. Capacity in which Plaintiff brings this foreclosure: Plaintiff is the legal holder of the indebtedness secured by the mortgage being foreclosed herein. 0) Facts in support of redemption period, shorter than the longer of: (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, if residential real estate; (ii) 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, whichever is later. That pursuantto the terms of the 735 ILCS 5/15-1603, the Court determine the length of the redemption period upon making a finding based on the facts and circumstances available to the Courtat the time of judgment that the property is either residential, non-residential or abandoned. p) Facts in support of request for attorney's fees and of costs and expenses: That pursuantto the terms of the Note and Mortgage, the mortgagee is entitled to recover attorney's 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) Determination as to residential real estate: (1). That pursuantto the terms of 735 ILCS 5/15-1219, Plaintiff requests that the court make a finding based upon facts and circumstances available to the court at the time of J udgment that the subject real estate is either "residential real estate" occupied as a principal residence either (i) if a mortgagor is an individual, by that mortgagor, that mortgagor's spouse or that mortgagor's descendants, or (ii) if a mortgagor is a trustee of a trust or an executor or administrator of an estate, by a beneficiary of that trust or estate or by such beneficiary's spouse or descendants or (iii) if a mortgagor is a corporation, by persons owning collectively at least 50 percent of the shares of voting stock of such corporation or by a spouse or descendants of such persons and subjectto a 7 month redemption period. (2). In the event that the court finds that either: (1) the real estate is residential, then the real estate shall be subjectto a seven (7) month redemption period, or (2) The real estate is non-residential, then the real estate is subjectto a six (6) month redemption period. r) Facts in support of a request for appointment of mortgagee in possession or for appointment of a receiver, and identity of such receiver, if sought: None at this time; Plaintiff reserves the rightto file a separate Petition for Appointment of Mortgagee in Possession or Receiver if applicable. s) Name or names of defendants whose rightto possess the mortgaged real estate, after the confirmation of the foreclosure sale, is soughtto be terminated and, if not elsewhere stated, the facts in support thereof: Kathy L. Babcock-Targia a/k/a Kathy L. Babcock a/k/a Kathy Babcock-Targia REQUEST FOR RELIEF Plaintiff request: 1 A judgment to foreclose such mortgage and J udicial sale by the Sheriff of Cook County or J udicial Sales Officer appointed for that purpose. 2 An order granting a shortened redemption period, as applicable. 3. A personal judgment for a deficiency, if sought, only against 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. 4 An order granting possession, if sought 5. An order placing the mortgagee in possession or appointing a receiver, if sought. 6. A judgment including attorneys' fees, costs and expenses including but not limited to payments for taxes, insurance, securing, inspections and other expenses of the plaintiff. 7. For 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. 8 An order enforcing its assignment of rents derived from said real estate, if applicable. 9 For such other and further relief as the Court deems just, including, but not limited to, declaratory and injunctive relief. ADDITIONAL REQUEST FOR RELIEF 10. A sale by public auction 11. A cash sale by open bid 12. A provision that a Sales Officer, the Sheriff of Cook County, or a special commissioner shall conduct the sale for a reasonable fee, which fee shall be recoverable by Plaintiff in the event of redemption. 13. An order that 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. 14. 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. Wells Fargo Bank, N.A., as Trustee for Park Place Securities, Inc. Asset-Backed Pass-Through Certificates Series 2005-WHQ2 /s/ Amy A. Aronson One of Plaintiffs Attomeys Randal S. Berg (6277119) Michael N. Burke (6291435) Christopher A. Cieniawa (6187452) Laura J. Anderson (6224385) Thomas Belczak (6193705) Mallory Snyderman (6306039) Debra Miller (6205477) Amy Aronson (6206512) LOGS Legal Group LLP Attomey for Plaintiff 2121 Waukegan Road, Suite 301 Bannockbum, IL 60015 (847) 291-1717 ILNOTICES@logs.com Attorney No: 42168 THIS IS AN ATTEMPT TO COLLECTA DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PLEASE BE ADVISED THAT IF YOUR PERSONAL LIABILITY FOR THIS DEBT HAS BEEN EXTINGUISHED BYA DISCHARGE IN BANKRUPTCY OR BY AN ORDER GRANTING IN REM RELIEF FROM STAY, THIS NOTICE IS PROVIDED SOLELY TO FORECLOSE THE MORTGAGE REMAINING ON YOUR PROPERTY AND IS NOT AN ATTEMPT TO COLLECT THE DISCHARGED PERSONAL OBLIGATION. IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION MORTGAGE FORECLOSURE / MECHANICS LIEN SECTION IN THE ‘MATTER. OF THE APPLICATION OF THE LAW FIRM OF LOGS LEGAL GROUP'LLP, ) SPS ORDER FOR A * STANDING ORDER -- FOR ) APPOINTMENT OF A SPECIAL PROCESS ) SERVER. ) ORDE! PI INT! esSTANDING SPECIAL PROCESS SERVE! This matter coming on fo be heard on the application of LOGS Legal Group LLP f/k/a Shapiro Kreisman-& Associates, LLC, for a Standing Order for the Appointment of.a special process server for the Quarter. beginning on January 1, 2024 and ending on March 31, 2024. T 1S HEREBY ORDERED: 4 Each of the following private detective agencies: Provest, ILC — License Number 117- 001336 and Firefly Legal Inc - License Number 117-001465, certified under the Private Detective, Private Alarm Private Security, and Locksmith Act.of 2004, 225 ILCS,447-5-5 and their employees over 18 years of age and in any case which he, or she are not a party are hereby appointed Standing Special Process ‘Servers for the Quarter beginning on January 1, 2024 and ending:on March 31,'2024, in all cases filed-by LOGS Legal Group LLP f/k/a Shapiro Kreisman & Associates, LLC,:in the Mortgage Foreclosure Section of the Chancéry Division pursuant to 735 ILCS 5/2-202 and Gerieral Administrative Order No. 2007-03 2. ‘The authority of the appointed-standing special process servers is limited solely to the service of process in mortgage foreclosure cases for the Quarter beginning on January 1, 2024 and ending on. March 31, 2024, in all cases filed by LOGS Legal Group LLP f/k/a- Shapiro Kreisman & Associates, LLC. DATED: ENTERED: je Lewis M. Nixoi pervising Judge LOGS Legal-Group LLP Jidge Lewis Nixon 2121 Waukegan Road, Suite 301 Bannockburn, IL 60015 1840 (847) 291-1717 ILNOTICES@logs. com: DEC 1. 2993 Attorney No.: 42168 IRI. Y,IEeMARTI out cor soit! M Fr © Demy —~ - EXHIBIT A Return To: . Argent Mortgage Company, P.0. Box 5047 Rolling Meadows, IL 60008 LLC i H QSNE Hi i I i My i I ih Doo #: 0608404064 Eugene “Gene” Moore Fee: $60.00 Cook County Recorder of Deeds Prepared By:Argent Mortgage Company, LLC AM Pg: 1 of 19 Date: 03/25/2005 09:47 Jeffrey Kaczorowski 1701 Golf Road,Rolling Meadows, IL 60008 a [Space Above This Line For Recording Data] MORTGAGE COUNSELORS TITLE CO., LLC 477 E. BUTTERFIELD RD. SUITE 101 LOMBARD, IL 60148 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is datedFebruary 22, 2005 4 together with all Riders to this document. (B) "Borrower" is KATHY L. BABCOCK-TARGIA 0 SMale Wome) Borrower is the mortgagor under this Security Instrument. | (C) "Lender" is Argent Mortgage Company, LLC Lender isa Limited Liability Company organized and existing under the laws of Delaware ILLINOIS - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT a Form 3014 1/01 Dstt) Page 1 of 15) — AAGT — 02/21/2005 2:55:21 PM VMP MORTGAGE FORMS - (800)521.7291 i, I | 1 le ee oe oe oo 0508404064 Page: 2 of 19 Lender's address is One City Boulevard West Orange CA 92868 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and datedFebruary 22 2005 The Note states that Borrower owes Lender one hundred fifty-four thousand and 00/100 Dollars (U.S. $154,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1, 2035 (E) "Property" means the property that is described below under the heading “Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]. Od Adjustable Rate Rider (J Condominium Rider (_] second Home Rider Balloon Rider Planned Unit Development Rider CJ i-4 Family Rider VA Rider Biweekly Payment Rider Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final non-appealable judicial opinions. () "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) “Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers (K) "Escrow Items" means those items that are described in Section 3, (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument. RESPA" refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA Initials, & ‘6(IL) (0005) Page 2 of 15 02/21/2005 55:21 Form 3014 1/01 a 7 0508404064 Page: 3 of 19 (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, the following described property located in the County [Type of Recording Jurisdiction] of COOK [Name of Recording Jurisdiction): LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF: Parcel ID Number: 28172100190000 which currently has the address of 15201 ROB ROY DRIVE [Street] OAK FOREST [City], Hlinois 60452 [Zip Code} ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Securit Instrument shall be made in U.S. psu (0008) Pose 3018 99/21/2005 2:55:21 PM Ferm 3014 1/01 \ a —— 0508404064 Page: 4 of 19 currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts @; -6(IL) (0005) Page 4 of 15, 02/21/21 05 2:55:21 Form3014 1/01 ee _ 0508404064 Page: 5 of 19 due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (1) sufficient to permit Lender to apply the Funds at the time specified under RESPA and (2) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than twelve monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than twelve monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the Dow) (9904).01 0508404064 Page: 6 of 19 lien, Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with Is Bow (0005) Page6 of 15 02/21/2005 2:55:21 Form 3014 1/01 0508404064 Page: 7 of 19° the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate