IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT CHANCERY DIVISION Harris, NA f/k/a Harris Trust and ) and Savings Bank ) ) Plaintiff ) ) 09 CH 43873 v. ) ) Judge Jesse G. Reyes Ernest Taylor; Rose Taylor; Harris, NA; ) Unknown Owners and Record Claimants ) ) Defendants. ) DEFENDANTS ERNEST TAYLOR AND ROSE TAYLOR S ANSWER TO PLAINTIFF S COMPLAINT TO FORECLOSE MORTGAGE The Defendants, Ernest Taylor and Rose Taylor (the Taylors ), by and through their attorneys, the Legal Assistance Foundation of Metropolitan Chicago, file their Answer to the Complaint to Foreclose Mortgage, filed by the Plaintiff, Harris, NA, and state as follows: ADMISSIONS AND DENIALS 1. Plaintiff files this Complaint to Foreclose the mortgage, trust deed or other conveyance in the nature of a mortgage (hereinafter called Mortgage ) hereinafter described, and names the persons identified in the above caption as Defendants, as parties hereto. ANSWER: The Taylors admit that the Plaintiff filed the Complaint to Foreclose on the subject mortgage against certain defendants, but expressly denies that it has the right to do so for the reasons set forth below. 2. Attached as Exhibit A is a copy of the Mortgage. Attached as Exhibit B is a copy of the Note. 3. Information concerning said Mortgage:
(A) Nature of the instrument: Mortgage. (B) Date of the Mortgage: 1/14/2005 (C) Name of mortgagor(s): Ernest Taylor Rose Taylor (D) Name of the Mortgagee: Harris Trust and Savings Bank (E) Date and Place of Recording or Registering: 2/9/2005 Office of the Recorder of Deeds of Cook County Illinois (F) Identification of Recording: Document No. 0504002089 (G) Interest subject to the mortgage: Fee Simple (H) Amount of Original Indebtedness: (1) Original Indebtedness: $194,000.00 (I) Both the legal description of the mortgaged real estate and the common address or other information sufficient to identify it with reasonable certainty:
LOT 14 IN BOEGER S 1ST ADDITION TO HILLSIDE, A SUBDIVISION OF THAT PART OF THE WEST 1/2 OF THE WEST 1/2 OF THE SOUTH EAST 1/4 (EXCEPT THE EAST 158.55 FEET THEREOF) LYING BETWEEN THE RIGHT OF WAY OF THE CHICAGO, MADISON AND NORTHERN RAILROAD COMPANY, IN SECTION 17, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. COMMONLY KNOWN AS: 229 Orchard Street Hillside, IL 60162 TAX PARCEL NUMBER: 15-17-407-014 (J) Statement as to defaults: Mortgagors have not paid the monthly installments of principal, taxes, interest and insurance for 07/01/2009, through the present; the principal balance due on the Note and the Mortgage is $182,256.06, plus interest, costs, advances and fees. Interest accrues pursuant to the Note. ANSWER: Defendants have insufficient information to admit or deny this allegation. (K) Name of present owner(s) of said premises: Ernest Taylor Rose Taylor (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 and alleged to be subordinate and inferior to the mortgage of the Plaintiff: Harris, NA, by virtue of a Mortgage executed by Ernest Taylor and Rose Taylor, dated 9/28/07, and Recorded/registered on 11/9/07 in the office of the Recorder/Registrar of Deeds of Cook County, Illinois, as Document No. 0731308162, to secure a note in the principal sum of $35,000.00; (M) Names of persons who executed the Note, Assumption Agreement(s), or Personal Guarantee: Ernest Taylor Rose Taylor
Please note that no personal deficiency will be sought against any party who has received a Chapter 7 discharge or who are personally protected by the automatic stay at sale confirmation. (N) Capacity in which Plaintiff brings this foreclosure: Plaintiff is the Mortgagee under 725 ILCS 5/15-1208 Assignment recorded as Document Number: n/a (O) Facts in support of a redemption period shorter than the longer of 7 months from the date the mortgagor or, if more than one, all the mortgagors have been served with summons or by publication or have otherwise submitted to the jurisdiction of the court, or 3 months from the entry of the judgment of foreclosure, whichever is later, if sought: The redemption period shall be determined pursuant to 735 ILCS 5/15-1603. ANSWER: No factual allegations are contained herein that require a response. (P) Statement that the right of redemption has been waived by all owners of redemption: There has been no executed waiver of redemption by all owners of redemption, however Plaintiff alleges that it is not precluded from accepting such a waiver of redemption by the filing of this complaint. (Q) Facts in support of request for attorneys fees and of costs and expenses, if applicable: The subject mortgage provides for payment of attorney fees, court costs, and expenses in the event of a default under the mortgage. ANSWER: Defendant admits that the subject mortgage provides for payment of reasonable attorney fees, but denies that Plaintiff has any right to fees beyond what is reasonable. (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: Unless otherwise alleged, Plaintiff will pray for said relief after the filing of the instant foreclosure action by separate petition if such relief is sought. ANSWER: No factual allegations are contained herein that require a response.
(S) Offer to the mortgagor in accordance with Section 15-1402 to accept title to the real estate in satisfaction of all indebtedness and obligations secured by the mortgage without judicial sale, if sought: No allegation of an offer is made however Plaintiff alleges that it is not precluded from making or accepting such offer by the filing of the instant foreclosure action. ANSWER: No factual allegations are contained herein that require a response. (T) 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: Ernest Taylor; Rose Taylor 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 nonrecord 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: Unknown Owners and NonRecord Claimants, if any. 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. ANSWER: Defendants have insufficient information to admit or deny this allegation. WHEREFORE, the Defendants, Ernest Taylor and Rose Taylor, pray this Court dismiss the Plaintiff s Complaint with prejudice and grant any other just and equitable relief. AFFIRMATIVE DEFENSE (Failure to Provide Notice Required by 735 ILCS 5/15-1502.5) 5. On November 6, 2009, Plaintiff filed the instant foreclosure complaint against the Taylors.
6. Prior to filing the complaint in this matter, Plaintiff did not mail the notice required by 735 ILCS 5/15-1502.5. 7. The Illinois Code of Civil Procedure requires a mortgagee, prior, to filing a foreclosure complaint, to mail a mortgagor notice that the mortgagor can use a thirty-day grace period to obtain approved housing counseling. 8. Because Harris Bank failed to mail the Taylors the notice required by 735 ILCS 5/15-1502.5 prior to filing the complaint in this matter, the Complaint must be dismissed. WHEREFORE, the Defendants, Ernest Taylor and Rose Taylor, pray that this Court dismiss the Plaintiff s complaint with prejudice and grant any other just and equitable relief. One of Defendant s Attorneys Susanne A. Pringle Legal Assistance Foundation of Metropolitan Chicago 111 W. Jackson, Suite 300 Chicago, IL 60604 312-347-8318 Attorney No. 91017.