Preview
Hearing Date: 8/19/2024 10:30 AM FILED
Location: Court Room 2803 6/20/2024 10:10 AM
Judge: Sullivan, William B
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 2024CH05786
COUNTY DEPARTMENT, CHANCERY DIVISION Calendar, 60
28186796
FILED DATE: 6/20/2024 10:10 AM 2024CH05786
LOANDEPOT.COM, LLC, ]
Plaintiff, ]
] CASE NO. 2024CH05786
vs. ]
] Property Address: 18536 Dundee Ave
MECHELE BURTLEY; UNKNOWN ] Homewood, IL 60430
OWNERS AND NON-RECORD ]
CLAIMANTS; ] Calendar
Defendant(s). ]
]
COMPLAINT TO FORECLOSE MORTGAGE
735 ILCS 5/15-1504(a)(1) through (3)
Plaintiff, LOANDEPOT.COM, LLC, ("Plaintiff") by and through undersigned counsel, for
its Complaint against named Defendants states as follows:
COUNT I
1. Plaintiff files this Complaint to Foreclose the Mortgage hereinafter described and joins the
following persons as Defendants:
A. MECHELE BURTLEY; UNKNOWN OWNERS AND NON-RECORD
CLAIMANTS
B. Plaintiff avers that in addition to person designated by name herein, and the
unknown defendants hereinbefore referred to there are other persons who are
interest in this action and who have or claim some right, title, interest or lien in, to
or upon the real estate sought to be foreclosed in this Complaint; that the name of
each of such other person or persons is unknown to Plaintiff, and on diligent inquiry
cannot be ascertained, and all such persons are hereby made parties Defendants to
this proceeding by the name and description of UNKNOWN OWNERS and NON-
RECORD CLAIMANTS.
7034-204215
2. That attached hereto as Exhibit "A" and incorporated herein is a true copy of said Mortgage.
That attached hereto as Exhibit "B" and incorporated herein is a true copy of the Note secured
FILED DATE: 6/20/2024 10:10 AM 2024CH05786
thereby.
3. Information concerning said Mortgage attached as Exhibit "A";
A. Nature of the Instrument: Mortgage
B. Date of the Mortgage: August 18, 2021
C. Name of the Mortgagors: MECHELE BURTLEY
D. Name of the Original Mortgagee: Mortgage Electronic Registration Systems, Inc.,
as mortgagee, as nominee for LOANDEPOT.COM, LLC
E. Date and place of recording of Mortgage: August 23, 2021 in the office of the
Recorder of Deeds or County Clerk.
F. Identification of Recording: 2123525100
G. Interest subject to the Mortgage: Fee Simple
H. Amount of Original Indebtedness, including advances made under the mortgage:
$265,109.00.
I. Legal Description and common Address of Mortgage Premises:
1) Legal Description: LOT 17 IN BLOCK 6 IN FLOSSMOOR PARK 3RD
ADDITION BEING A SUBDIVISION OF THE EAST 1/2 OF LOTS 1
AND 2 (EXCEPT THE SOUTH 660 FEET THEREOF) IN THE
NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 35 NORTH, RANGE 13
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
2) Common Address: 18536 Dundee Ave, Homewood, IL 60430
3) P.I.N.: 31-01-214-016-0000
7034-204215
J. Statement as to mortgage loan default:
The mortgagor has failed to pay the monthly installments due under the note and
FILED DATE: 6/20/2024 10:10 AM 2024CH05786
the loan is due for the February 1, 2024 payment. There remains an outstanding
principal balance of $253,683.00 plus interest, attorney’s fees, foreclosure costs,
advances and expenses incurred by the plaintiff due to the Mortgagor’s failure to
make payments. Interest accrues at $26.93 per day.
K. Name of present owners of said premises: MECHELE BURTLEY
L. Names of other persons who are joined as Defendants and whose interest in or lien
on the mortgage real estate is sought to be terminated:
1. Defendant(s), MECHELE BURTLEY, may claim an ownership interest in
or lien upon the subject property arising from a WARRANTY DEED recorded as
Instrument number 2123525099, of the Public Records of Cook County, Illinois.
This interest is inferior to Plaintiff’s mortgage.
2. Defendant(s), UNKNOWN OWNERS AND NON-RECORD
CLAIMANTS may claim some interest in or lien upon the subject property, this
interest is inferior to Plaintiff's interest.
M. Names of persons claimed to be personally liable for deficiency MECHELE
BURTLEY - However, Plaintiff will not seek a personal deficiency against any
party who has been discharged of any personal liability pursuant to the United
States Bankruptcy Code, against any party whose bankruptcy case is still pending
and the Plaintiff has been granted relief from the automatic stay, or against any
party who is protected by the automatic stay provisions of the United States
Bankruptcy Code at the time any foreclosure sale is confirmed.
7034-204215
N. Capacity in which Plaintiff brings this suit: The current mortgagee is
LOANDEPOT.COM, LLC. Plaintiff is the holder of the indebtedness based on the
FILED DATE: 6/20/2024 10:10 AM 2024CH05786
attached Note which has already been duly endorsed and which is incorporated
herein by reference.
O. Facts in support of request for attorneys’ fees and costs and expenses, if applicable.
Plaintiff has been required to retain counsel for prosecution of this foreclosure and
to incur substantial attorneys’ fees, court costs, title insurance and other expenses
which should be added to the balance secured by said mortgage.
P. Plaintiff seeks to terminate the right to possess the mortgage real estate after
confirmation of a foreclosure sale against all defendants who have the right to
possess the property.
REQUEST FOR RELIEF
WHEREFORE, the Plaintiff requests as follows:
1. For Foreclosure of such mortgage and sale;
2. An Order granting a shortened redemption period, if authorized by law;
3. For a personal deficiency judgment against MECHELE BURTLEY, only, if
sought;
4. A judgment for attorney’s fees, costs and expenses;
5. An Order granting the right to possess the mortgage real estate and terminating such
rights of all defendants who have or claim to have a right to possess the mortgage
real estate;
6. That this Court take jurisdiction over this matter, enter judgment reforming the
Deed;
7. Such other relief as equity may require,
7034-204215
ADDITIONAL REQUEST FOR RELIEF
Plaintiff also requests that the judgment for foreclosure or other orders entered herein
FILED DATE: 6/20/2024 10:10 AM 2024CH05786
provide for the following pursuant to 735 ILCS 5/15-1506(f).
1. A Sale by auction.
2. A sale by open bid
3. A Judgment of this Court or Sheriff of the County, Intercounty Judicial Sales or
the Judicial Sales corporation, shall conduct the sale.
4. Title in the real estate may be subject, at the sale, to exceptions including general
real estate taxes for the current year and for the preceding year which have not
become due and payable as of the date of entry of the Judgment of Foreclosure,
any special assessments upon the real estate, and easements of the Judgment of
Foreclosure, any special assessments upon the real estate, and easements and
restrictions of record.
5. In the event a party to the foreclosure is a successful bidder at the sale, such party
shall be allowed to offset against the purchase price to be paid for such real estate
amounts due such party under the Judgment of Foreclosure or Order confirming
sale.
COUNT II
REFORMATION OF DEED
Plaintiff realleges paragraphs 1 through 3 herein above and incorporates the same herein
reference.
6. This is an action seeking equitable relief to reform the incorrect common address
in the Deed recorded as 2123525099, in the office of the Recorder of Deeds or
County Clerk of Cook County, Illinois.
7. The Deed currently contains the following common address which is incorrect:
7034-204215
18536 Dundee Homewood, IL 60430
8. The WARRANTY DEED should contain the following correct common address:
FILED DATE: 6/20/2024 10:10 AM 2024CH05786
18536 Dundee Ave , Homewood, IL 60430
9. The borrower(s) and Originating Lender intended the Deed to encumber the correct
common address, and but for the mutual mistake the Deed would contain the correct common
address.
WHEREFORE, Plaintiff prays that the note be reformed to correct the common address
as described above, and that Plaintiff the granted such other and further relief as is just and
equitable.
6/19/24
By: ____________________________________
One of its Attorneys Date
Diaz Anselmo & Associates, LLC
Attorneys for Plaintiff
1771 West Diehl Road, Suite 120
Naperville, IL 60563
Telephone: (630) 453-6960
Facsimile: (630) 428-4620
Attorney No. Cook 64727, DuPage 293191
Service E-mail: midwestpleadings@dallegal.com
THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
7034-204215
FILED DATE: 6/20/2024 10:10 AM 2024CH05786
EXHIBIT A
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EXHIBIT B
FILED DATE: 6/20/2024 10:10 AM 2024CH05786
FILED DATE: 6/20/2024 10:10 AM 2024CH05786
FILED DATE: 6/20/2024 10:10 AM 2024CH05786
Preview
Hearing Date: 8/19/2024 10:30 AM FILED Location: Court Room 2803 6/20/2024 10:10 AM Judge: Sullivan, William B IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 2024CH05786 COUNTY DEPARTMENT, CHANCERY DIVISION Calendar, 60 28186796 FILED DATE: 6/20/2024 10:10 AM 2024CH05786 LOANDEPOT.COM, LLC, ] Plaintiff, ] ] CASE NO. 2024CH05786 vs. ] ] Property Address: 18536 Dundee Ave MECHELE BURTLEY; UNKNOWN ] Homewood, IL 60430 OWNERS AND NON-RECORD ] CLAIMANTS; ] Calendar Defendant(s). ] ] COMPLAINT TO FORECLOSE MORTGAGE 735 ILCS 5/15-1504(a)(1) through (3) Plaintiff, LOANDEPOT.COM, LLC, ("Plaintiff") by and through undersigned counsel, for its Complaint against named Defendants states as follows: COUNT I 1. Plaintiff files this Complaint to Foreclose the Mortgage hereinafter described and joins the following persons as Defendants: A. MECHELE BURTLEY; UNKNOWN OWNERS AND NON-RECORD CLAIMANTS B. Plaintiff avers that in addition to person designated by name herein, and the unknown defendants hereinbefore referred to there are other persons who are interest in this action and who have or claim some right, title, interest or lien in, to or upon the real estate sought to be foreclosed in this Complaint; that the name of each of such other person or persons is unknown to Plaintiff, and on diligent inquiry cannot be ascertained, and all such persons are hereby made parties Defendants to this proceeding by the name and description of UNKNOWN OWNERS and NON- RECORD CLAIMANTS. 7034-204215 2. That attached hereto as Exhibit "A" and incorporated herein is a true copy of said Mortgage. That attached hereto as Exhibit "B" and incorporated herein is a true copy of the Note secured FILED DATE: 6/20/2024 10:10 AM 2024CH05786 thereby. 3. Information concerning said Mortgage attached as Exhibit "A"; A. Nature of the Instrument: Mortgage B. Date of the Mortgage: August 18, 2021 C. Name of the Mortgagors: MECHELE BURTLEY D. Name of the Original Mortgagee: Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for LOANDEPOT.COM, LLC E. Date and place of recording of Mortgage: August 23, 2021 in the office of the Recorder of Deeds or County Clerk. F. Identification of Recording: 2123525100 G. Interest subject to the Mortgage: Fee Simple H. Amount of Original Indebtedness, including advances made under the mortgage: $265,109.00. I. Legal Description and common Address of Mortgage Premises: 1) Legal Description: LOT 17 IN BLOCK 6 IN FLOSSMOOR PARK 3RD ADDITION BEING A SUBDIVISION OF THE EAST 1/2 OF LOTS 1 AND 2 (EXCEPT THE SOUTH 660 FEET THEREOF) IN THE NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 2) Common Address: 18536 Dundee Ave, Homewood, IL 60430 3) P.I.N.: 31-01-214-016-0000 7034-204215 J. Statement as to mortgage loan default: The mortgagor has failed to pay the monthly installments due under the note and FILED DATE: 6/20/2024 10:10 AM 2024CH05786 the loan is due for the February 1, 2024 payment. There remains an outstanding principal balance of $253,683.00 plus interest, attorney’s fees, foreclosure costs, advances and expenses incurred by the plaintiff due to the Mortgagor’s failure to make payments. Interest accrues at $26.93 per day. K. Name of present owners of said premises: MECHELE BURTLEY L. Names of other persons who are joined as Defendants and whose interest in or lien on the mortgage real estate is sought to be terminated: 1. Defendant(s), MECHELE BURTLEY, may claim an ownership interest in or lien upon the subject property arising from a WARRANTY DEED recorded as Instrument number 2123525099, of the Public Records of Cook County, Illinois. This interest is inferior to Plaintiff’s mortgage. 2. Defendant(s), UNKNOWN OWNERS AND NON-RECORD CLAIMANTS may claim some interest in or lien upon the subject property, this interest is inferior to Plaintiff's interest. M. Names of persons claimed to be personally liable for deficiency MECHELE BURTLEY - However, Plaintiff will not seek a personal deficiency against any party who has been discharged of any personal liability pursuant to the United States Bankruptcy Code, against any party whose bankruptcy case is still pending and the Plaintiff has been granted relief from the automatic stay, or against any party who is protected by the automatic stay provisions of the United States Bankruptcy Code at the time any foreclosure sale is confirmed. 7034-204215 N. Capacity in which Plaintiff brings this suit: The current mortgagee is LOANDEPOT.COM, LLC. Plaintiff is the holder of the indebtedness based on the FILED DATE: 6/20/2024 10:10 AM 2024CH05786 attached Note which has already been duly endorsed and which is incorporated herein by reference. O. Facts in support of request for attorneys’ fees and costs and expenses, if applicable. Plaintiff has been required to retain counsel for prosecution of this foreclosure and to incur substantial attorneys’ fees, court costs, title insurance and other expenses which should be added to the balance secured by said mortgage. P. Plaintiff seeks to terminate the right to possess the mortgage real estate after confirmation of a foreclosure sale against all defendants who have the right to possess the property. REQUEST FOR RELIEF WHEREFORE, the Plaintiff requests as follows: 1. For Foreclosure of such mortgage and sale; 2. An Order granting a shortened redemption period, if authorized by law; 3. For a personal deficiency judgment against MECHELE BURTLEY, only, if sought; 4. A judgment for attorney’s fees, costs and expenses; 5. An Order granting the right to possess the mortgage real estate and terminating such rights of all defendants who have or claim to have a right to possess the mortgage real estate; 6. That this Court take jurisdiction over this matter, enter judgment reforming the Deed; 7. Such other relief as equity may require, 7034-204215 ADDITIONAL REQUEST FOR RELIEF Plaintiff also requests that the judgment for foreclosure or other orders entered herein FILED DATE: 6/20/2024 10:10 AM 2024CH05786 provide for the following pursuant to 735 ILCS 5/15-1506(f). 1. A Sale by auction. 2. A sale by open bid 3. A Judgment of this Court or Sheriff of the County, Intercounty Judicial Sales or the Judicial Sales corporation, shall conduct the sale. 4. Title in the real estate may be subject, at the sale, to exceptions including general real estate taxes for the current year and for the preceding year which have not become due and payable as of the date of entry of the Judgment of Foreclosure, any special assessments upon the real estate, and easements of the Judgment of Foreclosure, any special assessments upon the real estate, and easements and restrictions of record. 5. In the event a party to the foreclosure is a successful bidder at the sale, such party shall be allowed to offset against the purchase price to be paid for such real estate amounts due such party under the Judgment of Foreclosure or Order confirming sale. COUNT II REFORMATION OF DEED Plaintiff realleges paragraphs 1 through 3 herein above and incorporates the same herein reference. 6. This is an action seeking equitable relief to reform the incorrect common address in the Deed recorded as 2123525099, in the office of the Recorder of Deeds or County Clerk of Cook County, Illinois. 7. The Deed currently contains the following common address which is incorrect: 7034-204215 18536 Dundee Homewood, IL 60430 8. The WARRANTY DEED should contain the following correct common address: FILED DATE: 6/20/2024 10:10 AM 2024CH05786 18536 Dundee Ave , Homewood, IL 60430 9. The borrower(s) and Originating Lender intended the Deed to encumber the correct common address, and but for the mutual mistake the Deed would contain the correct common address. WHEREFORE, Plaintiff prays that the note be reformed to correct the common address as described above, and that Plaintiff the granted such other and further relief as is just and equitable. 6/19/24 By: ____________________________________ One of its Attorneys Date Diaz Anselmo & Associates, LLC Attorneys for Plaintiff 1771 West Diehl Road, Suite 120 Naperville, IL 60563 Telephone: (630) 453-6960 Facsimile: (630) 428-4620 Attorney No. Cook 64727, DuPage 293191 Service E-mail: midwestpleadings@dallegal.com THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR 7034-204215 FILED DATE: 6/20/2024 10:10 AM 2024CH05786 EXHIBIT A FILED DATE: 6/20/2024 10:10 AM 2024CH05786 FILED DATE: 6/20/2024 10:10 AM 2024CH05786 FILED DATE: 6/20/2024 10:10 AM 2024CH05786 FILED DATE: 6/20/2024 10:10 AM 2024CH05786 FILED DATE: 6/20/2024 10:10 AM 2024CH05786 FILED DATE: 6/20/2024 10:10 AM 2024CH05786 FILED DATE: 6/20/2024 10:10 AM 2024CH05786 FILED DATE: 6/20/2024 10:10 AM 2024CH05786 FILED DATE: 6/20/2024 10:10 AM 2024CH05786 FILED DATE: 6/20/2024 10:10 AM 2024CH05786 FILED DATE: 6/20/2024 10:10 AM 2024CH05786 FILED DATE: 6/20/2024 10:10 AM 2024CH05786 FILED DATE: 6/20/2024 10:10 AM 2024CH05786 EXHIBIT B FILED DATE: 6/20/2024 10:10 AM 2024CH05786 FILED DATE: 6/20/2024 10:10 AM 2024CH05786 FILED DATE: 6/20/2024 10:10 AM 2024CH05786