Plaintiff, Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee of Starwood Mortgage Residential Trust 2021-6 (hereinafter “Plaintiff”), at all times hereinafter mentioned was and still is a duly organized corporation or association with offices at c/o Select Portfolio Servicing, Inc., 3217 S. Decker Lake Drive, Salt Lake City, UT 84119.
On February 26, 2019, Juan Medina (hereinafter “Borrower” and “Mortgagor”) being indebted to FM Home Loans, LLC, in the sum of $367,500.00, executed a note to secure that sum with an initial interest rate of 7.250% per annum, payable in successive monthly installments of $2,507.00 on the same day of each month commencing April 1, 2019 and the final payment to be made March 1, 2049 (hereinafter “Note”).
On or about October 15, 2021, Borrower executed to Select Portfolio Servicing, Inc., a deferral agreement which, by its terms, deferred a total of $45,126.00 in past due payments to be paid upon the maturity of the loan (hereinafter “Deferral Agreement”).
That there is now due and owing to the Plaintiff under said Note and Mortgage the principal sum of $343,259.16, with interest thereon from November 1, 2024, as well as a deferred balance of $45,126.00, plus late charges and advances made by the Plaintiff on behalf of the Mortgagor and other named defendants and any other charges due and owing pursuant to the terms of the Note and Mortgage.
WHEREFORE, Plaintiff demands judgment: (a) adjudging and decreeing the amounts due the Plaintiff for principal, interest, costs, advancements and reasonable attorney’s fees, if fees were provided for in the said Mortgage; (b) that the defendants and all persons claiming by, through and under them, or either or any of them, subsequent to the commencement of this action and every other person or corporation whose right, title conveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien or interest, or equity of redemption in and to said Mortgaged Premises; (c) that the said Mortgaged Premises, or such part thereof as may be necessary to raise the amounts then due for principal, interest, costs, reasonable attorney’s fees, allowances and disbursements, together with any monies advanced and paid, may be decreed to be sold according to law; (d) that out of the monies arising from the sale thereof, the Plaintiff may be paid the amounts then due on said Note and Mortgage as herein set forth, with interest upon said amounts from the dates of the respective payments and advances thereof, the costs and expenses of this action, additional allowance, if any, and reasonable attorney’s fees, if and as provided for in the Mortgage, rider or other agreement, so far as the amount of such money is properly applicable thereto will pay the same; (e) that any of the parties to this action may become a purchaser upon such sale; (f) that should the Mortgaged Premises be sold by foreclosure sale and the proceeds of said sale be insufficient to pay the total debt due Plaintiff, the Borrower named hereinabove, unless discharged in bankruptcy, may be adjudged to pay the amount of the deficiency; (g) that the United States of America shall have the right of redemption, if applicable;