Preview
Hearing Date: 8/20/2024 2:00 PM
Location: Court Room 2809
Judge: Brooks, Lloyd James
FILED
6/21/2024 2:36 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 6/21/2024 2:36 PM 2024CH05845
2024CH05845
Calendar, 57
28215697
Atty. No.: 48928
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT – CHANCERY DIVISION
Wells Fargo Bank, N.A.
Plaintiff, 2024CH05845
Case No. ___________________
vs.
5322 North Austin Avenue, Chicago,
IL 60630
Unknown Heirs and Legatees of Patricia B.
Schultz; Phillip Edward Schultz; Unknown
Owners and Non-Record Claimants
Defendants.
COMPLAINT TO FORECLOSE MORTGAGE
Plaintiff, Wells Fargo Bank, N.A., by its Attorneys Manley Deas Kochalski LLC, states as
follows:
1. Plaintiff files this Complaint pursuant to 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:
Phillip Edward Schultz
Unknown Heirs and Legatees of Patricia B. Schultz
Unknown Owners and Non-Record Claimants
C2
24-012858_RJA
2. Plaintiff has heretofore elected to declare the whole of the principal sum remaining
unpaid, together with interest thereon, to become immediately due and payable and, by
FILED DATE: 6/21/2024 2:36 PM 2024CH05845
the filing of this complaint, Plaintiff has confirmed said election.
3. Attached as Exhibit A is a copy of the Mortgage. Attached as Exhibit B is a copy of the
Note.
4. Information concerning said Mortgage:
(A) Nature of the instrument: Mortgage
(B) Date of the Mortgage: May 29, 2015
(C) Name or Names of the Mortgagors:
Patricia B. Schultz
(D) Name of the mortgagee, trustee or grantee in the Mortgage:
Wells Fargo Bank, N.A.
(E) Date and place of recording:
June 8, 2015 in the Cook County, Illinois records
(F) Identification of recording: Document Number 1515946065
(G) Interest subject to the mortgage: Fee Simple
(H) Amount of original Indebtedness, including subsequent advances made under the
mortgage: $141,241.00
(I) Legal description of Mortgaged premises and common address (hereinafter
"Mortgaged Premises"):
Lot 13 in Block 8 in Kinsey's Forest Garden, a Subdivision of the East 1/2 of the
Northwest 1/4 lying South of the Northwestern Railroad of Section 8, Township
40 North, Range 13, East of the Third Principal Meridian, in Cook County,
Illinois.
Commonly known as: 5322 North Austin Avenue, Chicago, IL 60630
Permanent Index Number: 13-08-122-032-0000
24-012858_RJA
(J) Statement as to defaults: The Mortgage is in default due to the failure of the
mortgagor to pay the monthly installments of principal, interest, taxes and
insurance, and any other escrow items that may apply, for the period February 1,
FILED DATE: 6/21/2024 2:36 PM 2024CH05845
2024, through the present. There remains an outstanding principal balance of
$117,105.27 with interest accruing per the terms of the note, plus attorney's fees,
foreclosure costs, late charges, advances, and expenses incurred by the Plaintiff as
a result of the default.
(K) Name of present owner(s) of the real estate:
Unknown Heirs and Legatees of Patricia B. Schultz
(L) Names of other persons who are joined as defendants and whose interest in or lien
on the mortgaged real estate is sought to be terminated:
Phillip Edward Schultz, by virtue of being an heir of Patricia B. Schultz,
deceased.
(1) In addition to person(s) designated by name herein, there are other person(s)
who have or claim to have an interest in the mortgaged real estate which is not
disclosed of record by recorded notice or proceeding which would give
constructive notice and who are more fully defined in 735 ILCS 5/15-1210,
and whose interest falls in any of the following categories: (1) right of
homestead, (2) judgment creditor, (3) beneficiary interest under any trust other
than the beneficial interest of a beneficiary of a trust in actual possession of all
or part of the real estate, (4) unrecorded mechanics' lien claimant, or (5 )any
other entity or person who claims an interest in the Mortgaged Premises. The
name or names of these claimants and all such other persons are made party
defendants to this action by the name and description of "UNKNOWN
OWNERS AND/OR NON-RECORD CLAIMANTS."
(M) Names of defendants claimed to be personally liable for deficiency, if any:
None
Unless any of such defendants have been discharged in Bankruptcy, in which case
no such deficiency is sought.
(N) Capacity in which Plaintiff brings this foreclosure:
Legal holder of the indebtedness secured by the mortgage.
(O) 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, is residential real estate; (ii) 6 months from the date the
24-012858_RJA
mortgagor or, if more than one, all the mortgagors (I) have been served with
summons or by publication of (II) have otherwise submitted to the jurisdiction of
the Court, if commercial real estate; or (iii) 3 months from the entry of the
FILED DATE: 6/21/2024 2:36 PM 2024CH05845
judgment of foreclosure, whichever is later.
Pursuant to the terms of the 735 ILCS 5/15-1603, the Court shall determine the
length of the redemption period upon making a finding based on the facts and
circumstances available to the Court at 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 pursuant to 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) Pursuant to 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 Judgment 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 subject to
a seven-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 subject to a seven month redemption period, or (2)
the real estate is non-residential, then the real estate is subject to a six- 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 right to file a separate Petition for
Appointment of Mortgagee in Possession of Receiver if applicable.
(S) Name or names of defendants whose rights to possess the mortgaged real estate,
after the confirmation of a foreclosure sale, are sought to be terminated and, if not
elsewhere stated, the facts in support thereof:
Phillip Edward Schultz
Unknown Heirs and Legatees of Patricia B. Schultz
24-012858_RJA
REQUEST FOR RELIEF
Plaintiff requests:
FILED DATE: 6/21/2024 2:36 PM 2024CH05845
1. A judgment to foreclose such mortgage and judicial sale by the Sheriff or Judicial Sales
Officer appointed for that purpose.
2. An order granting a shortened redemption period, as applicable.
3. An order granting possession, if sought.
4. An order placing the mortgagee in possession or appointing a receiver, if sought.
5. A judgment including attorney's fees, costs, and expenses including but not limited to
payments for taxes, insurance, securing, inspections and other expenses of the plaintiff.
6. 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.
7. An order enforcing its assignment of rents derived from said real estate, if applicable.
8. For such other and further relief as the Court deems just, including, but not limited to,
declaratory and injunctive relief.
9. A sale by public auction.
10. A cash sale by open bid.
11. 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.
12. 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.
24-012858_RJA
13. 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
FILED DATE: 6/21/2024 2:36 PM 2024CH05845
protect said security.
Edward R. Peterka (6220416) Wells Fargo Bank, N.A.
Andrew K. Weiss (6284233) /s/ Edward R. Peterka ARDC # 6220416
Zachariah L. Manchester (6303885) BY:
Jenna M. Rogers (6308109) One of Plaintiff's Attorneys
MANLEY DEAS KOCHALSKI LLC
Attorneys for Plaintiff
One East Wacker, Suite 1250, Chicago, IL 60601
Phone: 312-651-6700; Fax: 614-220-5613
Atty. No.: 48928
Email: sef-erpeterka@manleydeas.com
24-012858_RJA
Preview
Hearing Date: 8/20/2024 2:00 PM Location: Court Room 2809 Judge: Brooks, Lloyd James FILED 6/21/2024 2:36 PM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL FILED DATE: 6/21/2024 2:36 PM 2024CH05845 2024CH05845 Calendar, 57 28215697 Atty. No.: 48928 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT – CHANCERY DIVISION Wells Fargo Bank, N.A. Plaintiff, 2024CH05845 Case No. ___________________ vs. 5322 North Austin Avenue, Chicago, IL 60630 Unknown Heirs and Legatees of Patricia B. Schultz; Phillip Edward Schultz; Unknown Owners and Non-Record Claimants Defendants. COMPLAINT TO FORECLOSE MORTGAGE Plaintiff, Wells Fargo Bank, N.A., by its Attorneys Manley Deas Kochalski LLC, states as follows: 1. Plaintiff files this Complaint pursuant to 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: Phillip Edward Schultz Unknown Heirs and Legatees of Patricia B. Schultz Unknown Owners and Non-Record Claimants C2 24-012858_RJA 2. Plaintiff has heretofore elected to declare the whole of the principal sum remaining unpaid, together with interest thereon, to become immediately due and payable and, by FILED DATE: 6/21/2024 2:36 PM 2024CH05845 the filing of this complaint, Plaintiff has confirmed said election. 3. Attached as Exhibit A is a copy of the Mortgage. Attached as Exhibit B is a copy of the Note. 4. Information concerning said Mortgage: (A) Nature of the instrument: Mortgage (B) Date of the Mortgage: May 29, 2015 (C) Name or Names of the Mortgagors: Patricia B. Schultz (D) Name of the mortgagee, trustee or grantee in the Mortgage: Wells Fargo Bank, N.A. (E) Date and place of recording: June 8, 2015 in the Cook County, Illinois records (F) Identification of recording: Document Number 1515946065 (G) Interest subject to the mortgage: Fee Simple (H) Amount of original Indebtedness, including subsequent advances made under the mortgage: $141,241.00 (I) Legal description of Mortgaged premises and common address (hereinafter "Mortgaged Premises"): Lot 13 in Block 8 in Kinsey's Forest Garden, a Subdivision of the East 1/2 of the Northwest 1/4 lying South of the Northwestern Railroad of Section 8, Township 40 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois. Commonly known as: 5322 North Austin Avenue, Chicago, IL 60630 Permanent Index Number: 13-08-122-032-0000 24-012858_RJA (J) Statement as to defaults: The Mortgage is in default due to the failure of the mortgagor to pay the monthly installments of principal, interest, taxes and insurance, and any other escrow items that may apply, for the period February 1, FILED DATE: 6/21/2024 2:36 PM 2024CH05845 2024, through the present. There remains an outstanding principal balance of $117,105.27 with interest accruing per the terms of the note, plus attorney's fees, foreclosure costs, late charges, advances, and expenses incurred by the Plaintiff as a result of the default. (K) Name of present owner(s) of the real estate: Unknown Heirs and Legatees of Patricia B. Schultz (L) Names of other persons who are joined as defendants and whose interest in or lien on the mortgaged real estate is sought to be terminated: Phillip Edward Schultz, by virtue of being an heir of Patricia B. Schultz, deceased. (1) In addition to person(s) designated by name herein, there are other person(s) who have or claim to have an interest in the mortgaged real estate which is not disclosed of record by recorded notice or proceeding which would give constructive notice and who are more fully defined in 735 ILCS 5/15-1210, and whose interest falls in any of the following categories: (1) right of homestead, (2) judgment creditor, (3) beneficiary interest under any trust other than the beneficial interest of a beneficiary of a trust in actual possession of all or part of the real estate, (4) unrecorded mechanics' lien claimant, or (5 )any other entity or person who claims an interest in the Mortgaged Premises. The name or names of these claimants and all such other persons are made party defendants to this action by the name and description of "UNKNOWN OWNERS AND/OR NON-RECORD CLAIMANTS." (M) Names of defendants claimed to be personally liable for deficiency, if any: None Unless any of such defendants have been discharged in Bankruptcy, in which case no such deficiency is sought. (N) Capacity in which Plaintiff brings this foreclosure: Legal holder of the indebtedness secured by the mortgage. (O) 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, is residential real estate; (ii) 6 months from the date the 24-012858_RJA mortgagor or, if more than one, all the mortgagors (I) have been served with summons or by publication of (II) have otherwise submitted to the jurisdiction of the Court, if commercial real estate; or (iii) 3 months from the entry of the FILED DATE: 6/21/2024 2:36 PM 2024CH05845 judgment of foreclosure, whichever is later. Pursuant to the terms of the 735 ILCS 5/15-1603, the Court shall determine the length of the redemption period upon making a finding based on the facts and circumstances available to the Court at 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 pursuant to 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) Pursuant to 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 Judgment 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 subject to a seven-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 subject to a seven month redemption period, or (2) the real estate is non-residential, then the real estate is subject to a six- 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 right to file a separate Petition for Appointment of Mortgagee in Possession of Receiver if applicable. (S) Name or names of defendants whose rights to possess the mortgaged real estate, after the confirmation of a foreclosure sale, are sought to be terminated and, if not elsewhere stated, the facts in support thereof: Phillip Edward Schultz Unknown Heirs and Legatees of Patricia B. Schultz 24-012858_RJA REQUEST FOR RELIEF Plaintiff requests: FILED DATE: 6/21/2024 2:36 PM 2024CH05845 1. A judgment to foreclose such mortgage and judicial sale by the Sheriff or Judicial Sales Officer appointed for that purpose. 2. An order granting a shortened redemption period, as applicable. 3. An order granting possession, if sought. 4. An order placing the mortgagee in possession or appointing a receiver, if sought. 5. A judgment including attorney's fees, costs, and expenses including but not limited to payments for taxes, insurance, securing, inspections and other expenses of the plaintiff. 6. 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. 7. An order enforcing its assignment of rents derived from said real estate, if applicable. 8. For such other and further relief as the Court deems just, including, but not limited to, declaratory and injunctive relief. 9. A sale by public auction. 10. A cash sale by open bid. 11. 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. 12. 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. 24-012858_RJA 13. 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 FILED DATE: 6/21/2024 2:36 PM 2024CH05845 protect said security. Edward R. Peterka (6220416) Wells Fargo Bank, N.A. Andrew K. Weiss (6284233) /s/ Edward R. Peterka ARDC # 6220416 Zachariah L. Manchester (6303885) BY: Jenna M. Rogers (6308109) One of Plaintiff's Attorneys MANLEY DEAS KOCHALSKI LLC Attorneys for Plaintiff One East Wacker, Suite 1250, Chicago, IL 60601 Phone: 312-651-6700; Fax: 614-220-5613 Atty. No.: 48928 Email: sef-erpeterka@manleydeas.com 24-012858_RJA