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FILED
Hearing Date: 8/12/2024 9:15 AM 6/11/2024 10:47 AM
Location: Court Room 2810 IRIS Y. MARTINEZ
Judge: Wright, James A CIRCUIT CLERK
COOK COUNTY, IL
2024CH05476
IN THE CIRCUIT COURT OF COOK COUNTY Calendar, 64
COUNTY DEPARTMENT – CHANCERY DIVISION 28059398
FILED DATE: 6/11/2024 10:47 AM 2024CH05476
DAVID SMITH,
REAL ESTATE INSTALLMENT
Plaintiff, CONTRACT FORECLOSURE
v.
CASE NO. 2024CH05476
UNKNOWN HEIRS AT LAW AND LEGATEES
OR DEVISEES OF JOHN SIMPSON a/k/a
UNKNOWN HEIRS AT LAW AND LEGATEES
PROPERTY ADDRESS:
OR DEVISEES OF JOHN HOUSTON SIMPSON
22446 NICHOLS DRIVE
a/k/a UNKNOWN HEIRS AT LAW AND
SAUK VILLAGE, IL 60411
LEGATEES OR DEVISEES OF JOHN
HOUSTON SIMPSON, SR.; JOHN SIMPSON,
JR.; GLORIA SIMPSON; CHARLES R.
SIMPSON, JR.; and UNKNOWN OWNERS and
NON-RECORD CLAIMANTS,
Defendants.
COMPLAINT TO FORECLOSE INSTALLMENT CONTRACT
NOW COMES the Plaintiff, by and through his attorneys, Cohen Dovitz Makowka, LLC,
and complaining of the Defendants named herein, and pursuant to 735 ILCS 5/15-1101, et seq.,
states as follows:
1. Plaintiff files this Complaint to Foreclose Installment Contract hereinafter described,
and joins the following persons as Defendants:
UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF JOHN SIMPSON a/k/a
UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF JOHN HOUSTON
SIMPSON a/k/a UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF JOHN
HOUSTON SIMPSON, SR.;
JOHN SIMPSON, JR.;
GLORIA SIMPSON;
CHARLES R. SIMPSON, JR.; and
UNKNOWN OWNERS and NON-RECORD CLAIMANTS.
2. Attached as “EXHIBIT A” is a true and correct copy of the Contract for Deed
(hereinafter called the “Installment Contract”).
3. Information concerning Installment Contract:
(a) Nature of Instrument:
REAL ESTATE INSTALLMENT CONTRACT AS DEFINED BY 735 ILCS 5/15-
1214
(b) Date of Installment Contract:
1
MAY 1, 2011
(c) Name of the Contract Purchaser(s):
FILED DATE: 6/11/2024 10:47 AM 2024CH05476
JOHN SIMPSON a/k/a JOHN HOUSTON SIMPSON a/k/a JOHN HOUSTON
SIMPSON, SR.
(d) Name(s) of the Contract Seller or party(ies) entitled to enforce the Installment
Contract:
DAVID SMITH
(e) Date and place of recording or registering:
APRIL 20, 2011 IN THE OFFICE OF THE RECORDER OF DEEDS OF COOK
COUNTY, ILLINOIS
(f) Identification of recording:
DOCUMENT NO. 1111047066
(g) Interest subject to the Installment Contract:
FEE SIMPLE
(h) Original Amount of Installment Contract:
EIGHTY-SEVEN THOUSAND AND 00/100THS DOLLARS ($87,000.00)
(i) Both the legal description and the common address or other information sufficient to
describe the premises against which Plaintiff seeks to enforce the Installment
Contract:
LOT 9254 IN INDIAN HILL SUBDIVISION UNIT 9, BEING A SUBDIVISION OF
THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 35
NORTH, RANGE 15, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 35
NORTH, RANGE 15, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED
SEPTEMBER 15. 1970 AS DOCUMENT NO. LR2521661 AND SURVEYOR'S
CERTIFICATE OF CORRECTIONS THEREOF REGISTERED ON OCTOBER 9,
1970 AS DOCUMENT NO. LR2525473, IN COOK COUNTY. ILLINOIS.
Improved with: SINGLE FAMILY RESIDENCE
Commonly known as: 22446 NICHOLS DRIVE, SAUK VILLAGE, ILLINOIS 60411
Permanent Index No.: 33-31-107-017-0000
(j) Statement as to defaults, including, but not necessarily limited to, date of default,
current unpaid principal balance, and any other information concerning the default:
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THE INSTALLMENT CONTRACT IS IN DEFAULT BECAUSE OF THE FAILURE
TO MAKE THOSE MONTHLY INSTALLMENT PAYMENTS DUE AND OWING
FOR THE MONTHS OF APRIL 1, 2021 THROUGH THE PRESENT AND
FILED DATE: 6/11/2024 10:47 AM 2024CH05476
FAILURE TO PAY REAL ESTATE TAXES FOR TAX YEARS 2021, 2022, AND
2023. PURSUANT TO THE INSTALLMENT CONTRACT, A NOTICE OF
INTENTION TO FORECLOSE WAS ISSUED BY PLAINTIFF ON OR ABOUT
APRIL 20, 2021, WHICH WAS NOT CURED. A TRUE AND CORRECT COPY OF
THE NOTICE OF INTENTION TO FORECLOSE IS ATTACHED HERETO AS
“EXHIBIT B.” AS OF APRIL 20, 2021, THE AMOUNT REQUIRED TO CURE THE
DEFAULT UNDER THE INSTALLMENT CONTRACT WAS $98,266.10, PLUS
ACCRUING INTEREST THEREON, AND FEES AND COSTS OF THIS LEGAL
ACTION.
INTEREST ON THE INSTALLMENT CONTRACT CONTINUES TO ACCRUE AT
A PER DIEM RATE OF 7.0% PER ANNUM INTEREST DUE ON OUTSTANDING
PRINCIPAL BALANCE PER THE TERMS OF THE INSTALLMENT CONTRACT.
(k) Name of present owner(s) of said premises:
UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF JOHN
SIMPSON a/k/a UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF
JOHN HOUSTON SIMPSON a/k/a UNKNOWN HEIRS AT LAW AND LEGATEES
OR DEVISEES OF JOHN HOUSTON SIMPSON, SR.; JOHN SIMPSON, JR.;
GLORIA SIMPSON; and CHARLES R. SIMPSON, JR.
(l) Name of Other Persons who are joined as defendants and whose interest in or lien on
the real estate is sought to be terminated:
JOHN SIMPSON, JR. BY VIRTUE OF THE FACT THAT, UPON INFORMATION
AND BELIEF, HE/SHE IS BELIEVED TO BE AN HEIR OF JOHN SIMPSON
a/k/a JOHN HOUSTON SIMPSON a/k/a JOHN HOUSTON SIMPSON, SR.,
DECEASED, AND THEREFORE, MAY HAVE SOME INTEREST IN THE
PROPERTY THAT IS THE SUBJECT MATTER OF THIS FORECLOSURE,
WHICH INTEREST, IF ANY, OF SAID DEFENDANT, IS SUBORDINATE AND
INFERIOR TO THE INTEREST OF THE PLAINTIFF HEREIN;
GLORIA SIMPSON BY VIRTUE OF THE FACT THAT, UPON INFORMATION
AND BELIEF, HE/SHE IS BELIEVED TO BE AN HEIR OF JOHN SIMPSON
a/k/a JOHN HOUSTON SIMPSON a/k/a JOHN HOUSTON SIMPSON, SR.,
DECEASED, AND THEREFORE, MAY HAVE SOME INTEREST IN THE
PROPERTY THAT IS THE SUBJECT MATTER OF THIS FORECLOSURE,
WHICH INTEREST, IF ANY, OF SAID DEFENDANT, IS SUBORDINATE AND
INFERIOR TO THE INTEREST OF THE PLAINTIFF HEREIN;
CHARLES R. SIMPSON, JR BY VIRTUE OF THE FACT THAT, UPON
INFORMATION AND BELIEF, HE/SHE IS BELIEVED TO BE AN HEIR OF
JOHN SIMPSON a/k/a JOHN HOUSTON SIMPSON a/k/a JOHN HOUSTON
SIMPSON, SR., DECEASED, AND THEREFORE, MAY HAVE SOME INTEREST
IN THE PROPERTY THAT IS THE SUBJECT MATTER OF THIS
FORECLOSURE, WHICH INTEREST, IF ANY, OF SAID DEFENDANT, IS
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SUBORDINATE AND INFERIOR TO THE INTEREST OF THE PLAINTIFF
HEREIN;
FILED DATE: 6/11/2024 10:47 AM 2024CH05476
UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF JOHN
SIMPSON a/k/a UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF
JOHN HOUSTON SIMPSON a/k/a UNKNOWN HEIRS AT LAW AND LEGATEES
OR DEVISEES OF JOHN HOUSTON SIMPSON, SR., BY VIRTUE OF THE FACT
THAT, UPON INFORMATION AND BELIEF, JOHN SIMPSON a/k/a JOHN
HOUSTON SIMPSON a/k/a JOHN HOUSTON SIMPSON, SR. IS DECEASED.
WHILST THE NAME(S) OF SAID UNKNOWN HEIRS AT LAW AND LEGATEES
OR DEVISEES IS(ARE) NOT KNOWN TO THE PLAINTIFF, THE INTEREST(S),
IF ANY, OF SAID DEFENDANT(S), IN THE SUBJECT PROPERTY IS(ARE)
SUBORDINATE AND INFERIOR TO THE INTEREST OF PLAINTIFF HEREIN;
Plaintiff avers that in addition to the persons designated by name as Defendants
herein, there are other unknown persons who are interested in this action and who
have or claim some right, title, interest or lien in, to or upon the real estate, or some
part thereof, in this Complaint described and that the name of each of such persons
is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and all such
persons are therefore made party defendants to this action by the name and
description of UNKNOWN OWNERS.
Plaintiff further avers that in addition to persons designated by name as Defendants
herein, there are other persons who are interested in this action and who have or
claim some right, title, interest or lien in, to or upon the real estate, or some part
thereof, in this Complaint described, and pursuant to 735 ILCS 5/15-1210, is not
disclosed of record and falls in any of the following categories: (1) right of homestead,
(2) judgment creditor, (3) beneficial interest under any trust in actual possession of
all of the real estate or (4) mechanics’ lien claim. That the name of each of such
persons is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and
all such persons are therefore made party defendants to this action by the name and
description of NONRECORD CLAIMANTS.
(m) Name of Defendant(s) that are personally liable for the Installment Contract, if any,
unless said personal liability has been discharged in a U.S. Bankruptcy Court
proceeding or has been otherwise released:
JOHN SIMPSON a/k/a JOHN HOUSTON SIMPSON a/k/a JOHN HOUSTON
SIMPSON, SR. EXECUTED THE INSTALLMENT CONTRACT PLAINTIFF
SEEKS TO FORECLOSE HEREIN; HOWEVER, JOHN SIMPSON a/k/a JOHN
HOUSTON SIMPSON a/k/a JOHN HOUSTON SIMPSON, SR. IS DECEASED
AND THEREFORE, IS NOT NAMED AS A DEFENDANT IN THIS MATTER.
(n) Capacity in which Plaintiff brings this foreclosure: PLAINTIFF IS THE CONTRACT
SELLER UNDER THE INSTALLMENT CONTRACT AND THE OWNER OF THE
SUBJECT PROPERTY.
(o) Facts in support of a shortened redemption period, if sought, will be set forth by
separate pleadings, and Plaintiff prays the Court retain jurisdiction to hear such
a matter.
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(p) Statement that the right of redemption has been waived by all owners of redemption,
if applicable:
FILED DATE: 6/11/2024 10:47 AM 2024CH05476
THERE HAS BEEN NO EXECUTED WAIVER OF REDEMPTION EXECUTED BY
ALL OWNERS OF REDEMPTION, HOWEVER, PLAINTIFF SHALL NOT BE
PRECLUDED FROM ACCEPTING ANY SUCH WAIVER BY FILING THIS
COMPLAINT.
(q) In support of its request for the inclusion of attorneys' fees, costs and expenses in
the judgment of foreclosure and sale sought herein:
PLAINTIFF STATES THAT PLAINTIFF HAS BEEN REQUIRED TO RETAIN
COUNSEL FOR PROSECUTION OF THIS ACTION AND TO INCUR
ATTORNEYS’ FEES, COURT COSTS AND OTHER EXPENSES; PLAINTIFF
FURTHER STATES THAT THE INSTALLMENT CONTRACT PROVIDE THAT
SAID FEES AND COSTS SHALL BE PAID BY THE CONTRACT PURCHASER
AND INCLUDED IN ANY JUDGMENT.
(r) 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 PRAYS THAT THE COURT RETAIN JURISDICTION FOR THE
PURPOSE OF HEARING SUCH PLEADINGS AND THAT FACTS IN SUPPORT
THEREOF WILL BE SET OUT BY SEPARATE PLEADINGS.
(s) Offer to the Installment Contract purchaser in accordance with Section 15-1402 to
accept title to the real estate in satisfaction of all indebtedness and obligations
secured by the lien without judicial sale, if sought:
NO ALLEGATION OF AN OFFER IS MADE AT THE TIME OF THE FILING OF
THIS COMPLAINT. HOWEVER, PLAINTIFF ALLEGES THAT IT IS NOT
PRECLUDED FROM MAKING OR ACCEPTING SUCH AN OFFER BY FILING
THIS COMPLAINT.
(t) Name or names of defendants whose rights to possess the encumbered real estate,
after the confirmation of a foreclosure sale, are sought to be terminated and, if not
elsewhere stated, the facts in support thereof:
JOHN SIMPSON, JR.;
GLORIA SIMPSON; and
CHARLES R. SIMPSON, JR.
4. Plaintiff avers that in addition to persons designated by name herein and the
Unknown Defendants herein before referred to, there are other persons, and/or non-record claimants
who are interested in this action and who have or claim some right, title, interest or lien in, to or
upon the real estate, or some part thereof, in this Complaint described, including but not limited to
the following:
That the name of each of such persons is unknown to Plaintiff and on diligent inquiry cannot
be ascertained, and all such persons are therefore made party defendants to this action by the
name and description of UNKNOWN OWNERS and NONRECORD CLAIMANTS.
5
WHEREFORE, PLAINTIFF PRAYS:
FILED DATE: 6/11/2024 10:47 AM 2024CH05476
1. For termination and foreclosure of the Installment Contract and entry of a Judgment
of Foreclosure and Sale;
2. For an Order granting a shortened redemption period, if sought;
3. For a personal deficiency judgment, if applicable and sought, and only against parties
who have not received a Chapter 7 bankruptcy discharge who are personally
protected by the automatic stay at sale confirmation;
4. For an Order granting possession, if sought;
5. For an Order placing the Plaintiff in possession of the subject property or appointing
a receiver, if sought;
6. For a judgment of attorneys' fees, costs and expenses, if sought;
7. For such other and further relief as the Court deems just.
DAVID SMITH,
BY:
JEFFREY B. DOVITZ, ARDC #6288119
COHEN DOVITZ MAKOWKA, LLC
COHEN DOVITZ MAKOWKA, LLC
ATTORNEYS FOR PLAINTIFF
COOK ATTORNEY NO. 65427
10729 W. 159TH STREET
ORLAND PARK, IL 60467
(708) 460-7711
FORECLOSURE@CDM.LEGAL
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS
LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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FILED DATE: 6/11/2024 10:47 AM 2024CH05476
EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT B
Preview
FILED Hearing Date: 8/12/2024 9:15 AM 6/11/2024 10:47 AM Location: Court Room 2810 IRIS Y. MARTINEZ Judge: Wright, James A CIRCUIT CLERK COOK COUNTY, IL 2024CH05476 IN THE CIRCUIT COURT OF COOK COUNTY Calendar, 64 COUNTY DEPARTMENT – CHANCERY DIVISION 28059398 FILED DATE: 6/11/2024 10:47 AM 2024CH05476 DAVID SMITH, REAL ESTATE INSTALLMENT Plaintiff, CONTRACT FORECLOSURE v. CASE NO. 2024CH05476 UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF JOHN SIMPSON a/k/a UNKNOWN HEIRS AT LAW AND LEGATEES PROPERTY ADDRESS: OR DEVISEES OF JOHN HOUSTON SIMPSON 22446 NICHOLS DRIVE a/k/a UNKNOWN HEIRS AT LAW AND SAUK VILLAGE, IL 60411 LEGATEES OR DEVISEES OF JOHN HOUSTON SIMPSON, SR.; JOHN SIMPSON, JR.; GLORIA SIMPSON; CHARLES R. SIMPSON, JR.; and UNKNOWN OWNERS and NON-RECORD CLAIMANTS, Defendants. COMPLAINT TO FORECLOSE INSTALLMENT CONTRACT NOW COMES the Plaintiff, by and through his attorneys, Cohen Dovitz Makowka, LLC, and complaining of the Defendants named herein, and pursuant to 735 ILCS 5/15-1101, et seq., states as follows: 1. Plaintiff files this Complaint to Foreclose Installment Contract hereinafter described, and joins the following persons as Defendants: UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF JOHN SIMPSON a/k/a UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF JOHN HOUSTON SIMPSON a/k/a UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF JOHN HOUSTON SIMPSON, SR.; JOHN SIMPSON, JR.; GLORIA SIMPSON; CHARLES R. SIMPSON, JR.; and UNKNOWN OWNERS and NON-RECORD CLAIMANTS. 2. Attached as “EXHIBIT A” is a true and correct copy of the Contract for Deed (hereinafter called the “Installment Contract”). 3. Information concerning Installment Contract: (a) Nature of Instrument: REAL ESTATE INSTALLMENT CONTRACT AS DEFINED BY 735 ILCS 5/15- 1214 (b) Date of Installment Contract: 1 MAY 1, 2011 (c) Name of the Contract Purchaser(s): FILED DATE: 6/11/2024 10:47 AM 2024CH05476 JOHN SIMPSON a/k/a JOHN HOUSTON SIMPSON a/k/a JOHN HOUSTON SIMPSON, SR. (d) Name(s) of the Contract Seller or party(ies) entitled to enforce the Installment Contract: DAVID SMITH (e) Date and place of recording or registering: APRIL 20, 2011 IN THE OFFICE OF THE RECORDER OF DEEDS OF COOK COUNTY, ILLINOIS (f) Identification of recording: DOCUMENT NO. 1111047066 (g) Interest subject to the Installment Contract: FEE SIMPLE (h) Original Amount of Installment Contract: EIGHTY-SEVEN THOUSAND AND 00/100THS DOLLARS ($87,000.00) (i) Both the legal description and the common address or other information sufficient to describe the premises against which Plaintiff seeks to enforce the Installment Contract: LOT 9254 IN INDIAN HILL SUBDIVISION UNIT 9, BEING A SUBDIVISION OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 35 NORTH, RANGE 15, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 35 NORTH, RANGE 15, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 15. 1970 AS DOCUMENT NO. LR2521661 AND SURVEYOR'S CERTIFICATE OF CORRECTIONS THEREOF REGISTERED ON OCTOBER 9, 1970 AS DOCUMENT NO. LR2525473, IN COOK COUNTY. ILLINOIS. Improved with: SINGLE FAMILY RESIDENCE Commonly known as: 22446 NICHOLS DRIVE, SAUK VILLAGE, ILLINOIS 60411 Permanent Index No.: 33-31-107-017-0000 (j) Statement as to defaults, including, but not necessarily limited to, date of default, current unpaid principal balance, and any other information concerning the default: 2 THE INSTALLMENT CONTRACT IS IN DEFAULT BECAUSE OF THE FAILURE TO MAKE THOSE MONTHLY INSTALLMENT PAYMENTS DUE AND OWING FOR THE MONTHS OF APRIL 1, 2021 THROUGH THE PRESENT AND FILED DATE: 6/11/2024 10:47 AM 2024CH05476 FAILURE TO PAY REAL ESTATE TAXES FOR TAX YEARS 2021, 2022, AND 2023. PURSUANT TO THE INSTALLMENT CONTRACT, A NOTICE OF INTENTION TO FORECLOSE WAS ISSUED BY PLAINTIFF ON OR ABOUT APRIL 20, 2021, WHICH WAS NOT CURED. A TRUE AND CORRECT COPY OF THE NOTICE OF INTENTION TO FORECLOSE IS ATTACHED HERETO AS “EXHIBIT B.” AS OF APRIL 20, 2021, THE AMOUNT REQUIRED TO CURE THE DEFAULT UNDER THE INSTALLMENT CONTRACT WAS $98,266.10, PLUS ACCRUING INTEREST THEREON, AND FEES AND COSTS OF THIS LEGAL ACTION. INTEREST ON THE INSTALLMENT CONTRACT CONTINUES TO ACCRUE AT A PER DIEM RATE OF 7.0% PER ANNUM INTEREST DUE ON OUTSTANDING PRINCIPAL BALANCE PER THE TERMS OF THE INSTALLMENT CONTRACT. (k) Name of present owner(s) of said premises: UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF JOHN SIMPSON a/k/a UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF JOHN HOUSTON SIMPSON a/k/a UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF JOHN HOUSTON SIMPSON, SR.; JOHN SIMPSON, JR.; GLORIA SIMPSON; and CHARLES R. SIMPSON, JR. (l) Name of Other Persons who are joined as defendants and whose interest in or lien on the real estate is sought to be terminated: JOHN SIMPSON, JR. BY VIRTUE OF THE FACT THAT, UPON INFORMATION AND BELIEF, HE/SHE IS BELIEVED TO BE AN HEIR OF JOHN SIMPSON a/k/a JOHN HOUSTON SIMPSON a/k/a JOHN HOUSTON SIMPSON, SR., DECEASED, AND THEREFORE, MAY HAVE SOME INTEREST IN THE PROPERTY THAT IS THE SUBJECT MATTER OF THIS FORECLOSURE, WHICH INTEREST, IF ANY, OF SAID DEFENDANT, IS SUBORDINATE AND INFERIOR TO THE INTEREST OF THE PLAINTIFF HEREIN; GLORIA SIMPSON BY VIRTUE OF THE FACT THAT, UPON INFORMATION AND BELIEF, HE/SHE IS BELIEVED TO BE AN HEIR OF JOHN SIMPSON a/k/a JOHN HOUSTON SIMPSON a/k/a JOHN HOUSTON SIMPSON, SR., DECEASED, AND THEREFORE, MAY HAVE SOME INTEREST IN THE PROPERTY THAT IS THE SUBJECT MATTER OF THIS FORECLOSURE, WHICH INTEREST, IF ANY, OF SAID DEFENDANT, IS SUBORDINATE AND INFERIOR TO THE INTEREST OF THE PLAINTIFF HEREIN; CHARLES R. SIMPSON, JR BY VIRTUE OF THE FACT THAT, UPON INFORMATION AND BELIEF, HE/SHE IS BELIEVED TO BE AN HEIR OF JOHN SIMPSON a/k/a JOHN HOUSTON SIMPSON a/k/a JOHN HOUSTON SIMPSON, SR., DECEASED, AND THEREFORE, MAY HAVE SOME INTEREST IN THE PROPERTY THAT IS THE SUBJECT MATTER OF THIS FORECLOSURE, WHICH INTEREST, IF ANY, OF SAID DEFENDANT, IS 3 SUBORDINATE AND INFERIOR TO THE INTEREST OF THE PLAINTIFF HEREIN; FILED DATE: 6/11/2024 10:47 AM 2024CH05476 UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF JOHN SIMPSON a/k/a UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF JOHN HOUSTON SIMPSON a/k/a UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES OF JOHN HOUSTON SIMPSON, SR., BY VIRTUE OF THE FACT THAT, UPON INFORMATION AND BELIEF, JOHN SIMPSON a/k/a JOHN HOUSTON SIMPSON a/k/a JOHN HOUSTON SIMPSON, SR. IS DECEASED. WHILST THE NAME(S) OF SAID UNKNOWN HEIRS AT LAW AND LEGATEES OR DEVISEES IS(ARE) NOT KNOWN TO THE PLAINTIFF, THE INTEREST(S), IF ANY, OF SAID DEFENDANT(S), IN THE SUBJECT PROPERTY IS(ARE) SUBORDINATE AND INFERIOR TO THE INTEREST OF PLAINTIFF HEREIN; Plaintiff avers that in addition to the persons designated by name as Defendants herein, there are other unknown persons who are interested in this action and who have or claim some right, title, interest or lien in, to or upon the real estate, or some part thereof, in this Complaint described and that the name of each of such persons is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and all such persons are therefore made party defendants to this action by the name and description of UNKNOWN OWNERS. Plaintiff further avers that in addition to persons designated by name as Defendants herein, there are other persons who are interested in this action and who have or claim some right, title, interest or lien in, to or upon the real estate, or some part thereof, in this Complaint described, and pursuant to 735 ILCS 5/15-1210, is not disclosed of record and falls in any of the following categories: (1) right of homestead, (2) judgment creditor, (3) beneficial interest under any trust in actual possession of all of the real estate or (4) mechanics’ lien claim. That the name of each of such persons is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and all such persons are therefore made party defendants to this action by the name and description of NONRECORD CLAIMANTS. (m) Name of Defendant(s) that are personally liable for the Installment Contract, if any, unless said personal liability has been discharged in a U.S. Bankruptcy Court proceeding or has been otherwise released: JOHN SIMPSON a/k/a JOHN HOUSTON SIMPSON a/k/a JOHN HOUSTON SIMPSON, SR. EXECUTED THE INSTALLMENT CONTRACT PLAINTIFF SEEKS TO FORECLOSE HEREIN; HOWEVER, JOHN SIMPSON a/k/a JOHN HOUSTON SIMPSON a/k/a JOHN HOUSTON SIMPSON, SR. IS DECEASED AND THEREFORE, IS NOT NAMED AS A DEFENDANT IN THIS MATTER. (n) Capacity in which Plaintiff brings this foreclosure: PLAINTIFF IS THE CONTRACT SELLER UNDER THE INSTALLMENT CONTRACT AND THE OWNER OF THE SUBJECT PROPERTY. (o) Facts in support of a shortened redemption period, if sought, will be set forth by separate pleadings, and Plaintiff prays the Court retain jurisdiction to hear such a matter. 4 (p) Statement that the right of redemption has been waived by all owners of redemption, if applicable: FILED DATE: 6/11/2024 10:47 AM 2024CH05476 THERE HAS BEEN NO EXECUTED WAIVER OF REDEMPTION EXECUTED BY ALL OWNERS OF REDEMPTION, HOWEVER, PLAINTIFF SHALL NOT BE PRECLUDED FROM ACCEPTING ANY SUCH WAIVER BY FILING THIS COMPLAINT. (q) In support of its request for the inclusion of attorneys' fees, costs and expenses in the judgment of foreclosure and sale sought herein: PLAINTIFF STATES THAT PLAINTIFF HAS BEEN REQUIRED TO RETAIN COUNSEL FOR PROSECUTION OF THIS ACTION AND TO INCUR ATTORNEYS’ FEES, COURT COSTS AND OTHER EXPENSES; PLAINTIFF FURTHER STATES THAT THE INSTALLMENT CONTRACT PROVIDE THAT SAID FEES AND COSTS SHALL BE PAID BY THE CONTRACT PURCHASER AND INCLUDED IN ANY JUDGMENT. (r) 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 PRAYS THAT THE COURT RETAIN JURISDICTION FOR THE PURPOSE OF HEARING SUCH PLEADINGS AND THAT FACTS IN SUPPORT THEREOF WILL BE SET OUT BY SEPARATE PLEADINGS. (s) Offer to the Installment Contract purchaser in accordance with Section 15-1402 to accept title to the real estate in satisfaction of all indebtedness and obligations secured by the lien without judicial sale, if sought: NO ALLEGATION OF AN OFFER IS MADE AT THE TIME OF THE FILING OF THIS COMPLAINT. HOWEVER, PLAINTIFF ALLEGES THAT IT IS NOT PRECLUDED FROM MAKING OR ACCEPTING SUCH AN OFFER BY FILING THIS COMPLAINT. (t) Name or names of defendants whose rights to possess the encumbered real estate, after the confirmation of a foreclosure sale, are sought to be terminated and, if not elsewhere stated, the facts in support thereof: JOHN SIMPSON, JR.; GLORIA SIMPSON; and CHARLES R. SIMPSON, JR. 4. Plaintiff avers that in addition to persons designated by name herein and the Unknown Defendants herein before referred to, there are other persons, and/or non-record claimants who are interested in this action and who have or claim some right, title, interest or lien in, to or upon the real estate, or some part thereof, in this Complaint described, including but not limited to the following: That the name of each of such persons is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and all such persons are therefore made party defendants to this action by the name and description of UNKNOWN OWNERS and NONRECORD CLAIMANTS. 5 WHEREFORE, PLAINTIFF PRAYS: FILED DATE: 6/11/2024 10:47 AM 2024CH05476 1. For termination and foreclosure of the Installment Contract and entry of a Judgment of Foreclosure and Sale; 2. For an Order granting a shortened redemption period, if sought; 3. For a personal deficiency judgment, if applicable and sought, and only against parties who have not received a Chapter 7 bankruptcy discharge who are personally protected by the automatic stay at sale confirmation; 4. For an Order granting possession, if sought; 5. For an Order placing the Plaintiff in possession of the subject property or appointing a receiver, if sought; 6. For a judgment of attorneys' fees, costs and expenses, if sought; 7. For such other and further relief as the Court deems just. DAVID SMITH, BY: JEFFREY B. DOVITZ, ARDC #6288119 COHEN DOVITZ MAKOWKA, LLC COHEN DOVITZ MAKOWKA, LLC ATTORNEYS FOR PLAINTIFF COOK ATTORNEY NO. 65427 10729 W. 159TH STREET ORLAND PARK, IL 60467 (708) 460-7711 FORECLOSURE@CDM.LEGAL PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 6 FILED DATE: 6/11/2024 10:47 AM 2024CH05476 EXHIBIT A FILED DATE: 6/11/2024 10:47 AM 2024CH05476 EXHIBIT A FILED DATE: 6/11/2024 10:47 AM 2024CH05476 EXHIBIT A FILED DATE: 6/11/2024 10:47 AM 2024CH05476 EXHIBIT A FILED DATE: 6/11/2024 10:47 AM 2024CH05476 EXHIBIT A FILED DATE: 6/11/2024 10:47 AM 2024CH05476 EXHIBIT A FILED DATE: 6/11/2024 10:47 AM 2024CH05476 EXHIBIT A FILED DATE: 6/11/2024 10:47 AM 2024CH05476 EXHIBIT A FILED DATE: 6/11/2024 10:47 AM 2024CH05476 EXHIBIT B