PHILADELPHIA – A California financial firm has begun legal action to recover more than $7,000 it says is due from the defaulted mortgage of a property in the Fairmount neighborhood of Philadelphia.
Trinity Financial Services, LLC of Newport Beach, Calif. filed suit in the Philadelphia County Court of Common Pleas on Sept. 7 versus Raghda Zabatt and Amine Khaill, both of Philadelphia.
The lawsuit in question relates to a property located on the 800 block of North 27th Street in Philadelphia’s Fairmount neighborhood, with the defendants’ last known address being in South Philadelphia.
The Fairmount property is currently owned by the defendants, according to deed records dating back to 2006, and was assigned to a number of loan servicing companies over the following decade.
“The defendants are in default under the terms of the mortgage for failure to pay the monthly installment of principal and interest due on Dec. 1, 2009, and all monthly installment payments…shall be due immediately,” the suit says.
The plaintiff says as of Nov. 30, 2016, the outstanding amounts are listed as follows:
Unpaid Principal Balance of $3,224.34; Accrued Interest from Nov. 1, 2009 to Nov. 30, 2016 (the interest accruing on this debt is $0.79 per day and that sum should be added each day after 11/30/2016) of $2,044.56 and Accrued Late Charges of $2,335.20, for a grand total of $7,604.10.
Plus the costs listed above, the plaintiff will look to recover all attorney’s fees and costs incurred in this action, for service of process, skip trace, title searches, recording costs, etc.
The plaintiff notes this is an in rem action only against the mortgaged premises, and that the plaintiff is not seeking a judgment of personal liability against the defendants, but reserves its right to do so in a separate legal action, if such right exists.
For a lone count of breach of contract, the plaintiff is seeking damages of $7,604.10, plus interest, costs and attorney’s fees, and for foreclosure and sale of the mortgaged premises.
The plaintiff is represented by Kathryn Wakefield of Waldman Law, in Mechanicsburg.
Philadelphia County Court of Common Pleas case 170900582
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com