ATTORNEY NO.

51207

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

CHANCERY DEPARTMENT, FIRST DISTRICT

THOMAS PEREZ,

Plaintiff,

v. Case No.: 10 CH 53201 \

ALREDO CASTILLO AND BEATRIS

CASTILLO ; CITY OF CHICAGO
DEPARTMENT OF WATER
MANAGEMENT; CITY OF CHICAGO;
MARIA VASQUEZ; UNKNOWN OWNERS
AND NON-RECORD CLAIMANTS,

Defendants.

NOTICE OF MOTION

To: Mr. Jeffrey D. Javors CITY OF CHICAGO MARIA VASQUEZ

111 W. Washington Street do Dept. of Law 5743 S. KENNETH
Suite 1240 121 N. LaSalle Street Chicago, IL 60629
Chicago, IL 60602 Room 600 - City Hall
Chicago, Illinois 60602

PLEASE TAKE NOTICE that on August Zig , 2012 at 9:30 a.m. or as soon

thereafter as counsel may be heard, I shall appear before the Honorable Presiding

Judge Darryl B. Simko or any judge sitting in his stead, in Room 2806, Richard J. Daley

Center, 50 West Washington Street, Chicago, Illinois, and present the attached

Motions for Default, for Summary Judgment, and to Appoint Selling Officer

I, Michael B. Elman, certify that I served this notice a d motion by mailing a copy

to the above named individual(s) at the address(es) ind ed on , 2012_

Michael B. Elman, Attorney for Plaintiff

Michael B. Elman & Associates, Ltd.
10 South LaSalle Street, Suite 1420
Chicago, Illinois 60603
(312) 541-0903 DEFENDANT CASTILLO
Attorney No.: 51207 MOTION TO VACATE
53201
JUDGMENT - 2010CH

EXHIBIT - '1c
ATTORNEY NO. 51207

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, CHANCERY DIVISION
'45=
THOMAS PEREZ,
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Plaintiff,
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v. Case No.: 10 CH 53201. a3 cc>
•
ALREDO CASTILLO AND BEATRIS
CASTILLO ; CITY OF CHICAGO
DEPARTMENT OF WATER
MANAGEMENT; CITY OF CHICAGO;
MARIA VASQUEZ; UNKNOWN OWNERS
AND NON-RECORD CLAIMANTS,

Defendants.

MOTION FOR SUMMARY JUDGMENT AGAINST

ALFREDO CASTILLO AND BEATRIS CASTILLO

Plaintiff, THOMAS
THOMAS PEREZ, through his attorney, MICHAEL B. ELMAN &

ASSOCIATES, LTD., moves this Court, pursuant to Illinois Code of Civil Procedure,

Section 5/2-1005, for Motion for Summary Judgment against Alfredo Castillo and

Beatris Castillo and, pursuant to the Illinois Mortgage Foreclosure Law, Section 5/2-

1506(a) for entry of a judgment of foreclosure and sale. In support thereof, Plaintiff

states as follows:

1. Plaintiff initiated this proceeding on December 16, 2010 by filing a

Complaint to Foreclose Mortgage (a copy of the complaint is attached hereto as Exhibit

 2. On November 17, 2011 Defendants filed their Amended Answer (a copy

thereof is attached hereto as Exhibit 2). 1

3. In their Amended Answer, Defendants neither admit nor deny paragraphs

1, 2, 3(e), (f), (g), (j), (p), (q), 5 and 6. Defendants deny paragraphs 3(b), (c), (I), (n), (o)

and 7.

4. On about March 27, 2012 Defendants were served with Plaintiff's First Set

of Interrogatories. Interrogatory number 4 asked Defendants to state all facts

supporting their denials of the paragraphs in the complaint described above.

Interrogatory number 5 asked Defendants to identify all facts supporting Defendants'

inability to answer the paragraphs wherein they deny knowledge. Interrogatory number

6 asked Defendants to identify all payments made under the Note and Mortgage.

Defendants have never answered these interrogatories.

5. On or about March 27, 2012 Defendants were served with Plaintiff's First

Request for Production of Documents. Request number 4 sought Defendants'

documents relating to payments made under the Note and Mortgage. Defendants have

not produced any documents establishing the payments they purportedly made under

the Mortgage and Note.

6. Contemporaneously with the filing of this motion, Plaintiff has filed an

Affidavit of Prove-Up pursuant to Section 5/15-1506 of the Illinois Mortgage Foreclosure

Law.

7. Accordingly, Plaintiff is entitled to summary judgment with respect to

Alfredo Castillo and Beatris Castillo.

1 The Amended Answer contained affirmative defenses which were dismissed by the Court on March 22.

2012.

2
 WHEREFORE, Plaintiff, THOMAS PEREZ, respectfully requests that the Court

enter an order for summary judgment against Defendants Alfredo Castillo and Beatris

Castillo and for the relief sought in the complaint and entry of judgment of foreclosure

and sale.

/
Resped .1Iy sub fitted,

MICHAEL B. ELMAN, Attorney for Plaintiff

Michael B. Elman & Associates, Ltd.

10 South LaSalle Street, Suite 1420
Chicago, Illinois 60603
(312) 541-0903
Attorney No. 51207