Court documents show how Kimmel lost Marina Towers units

VHT Visual Marketing Services

(Above) Photograph by VHT Visual Marketing Services of a bathroom with whirlpool bath in Gary Kimmel’s Marina City condo unit.

October 3, 2009 – Gary Kimmel fell behind on assessments and lost possession of his condo units at Marina City to Marina Towers Condominium Association. Documents in the case file for the recent orders for possession paint a better picture of what happened.

The first sign of trouble would have been a letter from MTCA attorney Ellis Levin. Sent on February 21, the letter notified the convicted money launderer that he was behind on his assessments.

Although his three condo units on the 56th floor of the east residential tower were combined to create one three-bedroom unit, Kimmel (left) received three assessment bills every month.

The February letter demanded from Kimmel $1,704.16 within 30 days for one month of past due assessments, late charges, and related costs for units 5617, 5618, and 5619. Three days before he wrote the letter, Levin met with MTCA president Donna Leonard for a half-hour to decide whether a “30 day demand” letter should be sent.

Kimmel got not just 30 days but almost 12 weeks before MTCA sued him. By May 14, he owed the condo association nearly $2,000 for each of the three units, plus attorney fees. He owed $1,988.13 for unit 5617, $1,980.05 for 5618, and $1,980.05 for 5619. The amounts included unpaid amassments, late charges, and other fees – less credits, deductions, and setoffs. Attorney fees for Levin, who billed MTCA at an hourly rate of $165, would also be added.

With Kimmel in prison by that time, Levin had to figure out how to serve him with the summons. He called Illinois Senator Dick Durbin’s office in Washington, D.C., which referred him to the United States Penitentiary in Marion, Illinois. After speaking with USP Marion and the Williamson County Sheriff’s office, Levin was able to get Kimmel served in prison on May 19 at 10:14 a.m.

MTCA attorney Ellis Levin (left) served in the Illinois House of Representatives (Democrat, 12th District) from 1977 to 1995.

On June 12, after being rescheduled from the day before, possibly due to a clerical error, with Kimmel obviously not present and with no indication that he was represented or even responded to the summons, MTCA won its case against him. Levin convinced Municipal Division Judge Orville E. Hambright to order judgements in favor of MTCA, plus court costs, plus orders for possession for each of the three combined units. Although Kimmel was in prison, he was formally evicted from his condo units at Marina Towers.

The three orders for possession gave Kimmel until August 10 to pay about $8,600 to cover assessments, attorney fees, and court costs, which included $229 to file the complaint and $42 for the summons to be served.

For unit 5617, MTCA now wanted $2,491.35 plus $825 for attorney fees and $271 for court costs. For unit 5618, the amount sought was $2,481.25 and for unit 5619 it was $2,481.25.

A typing error by the Clerk of the Circuit Court definitely created confusion and possibly delayed the court hearing. The same case number was assigned to two cases. Levin discussed the error with court employees on June 11 and billed MTCA for his time.

Timeline

February 18 – MTCA attorney Ellis Levin and MTCA president Donna Leonard meet to decide what to do about former Marina City resident Gary Kimmel, due to report to prison in less than two weeks, who is behind on his assessments from the condo association.

February 21 – Levin writes to Kimmel at his Marina City address, demanding payment of $1,704.16 within 30 days.

March 2 – Kimmel reports to the United States Penitentiary in Marion, Illinois, to begin a 37-month sentence for money laundering, which has since been reduced to 20 months.

March 21 – 30 days pass.

April 21 – 60 days pass.

May 14 – MTCA sues Kimmel for $5,848.23 for unpaid assessments and related costs.

May 19 – Kimmel served with summons.

June 12 – MTCA wins judgement against Kimmel, who is formally evicted from his Marina Towers condo units, pending an eight-week stay of execution of the orders for possession.

August 10 – Orders for possession take effect.

Kimmel was moved to the United States Penitentiary in Leavenworth, Kansas on July 6. After completing a drug and alcohol program, his release date was moved up to November 28, 2010.