In the case of Mill City Mortgage Loan Trust 2019-1, Wilmington Savings Fund Society, FSB, as Trustee v. Bruce Irrgang in the Court of Common Pleas, Chester County, Pennsylvania (Case No. 2021-01715-RC), the court ruled in favor of the plaintiff following a bench trial on May 14, 2024. Judge Bret M. Binder awarded the plaintiff $3,491,532.07, with additional interest accruing at a rate of $333.82 per day from May 14, 2024, plus other costs associated with the mortgage foreclosure and sale of the mortgaged property located at 655 North Wayne Avenue, Wayne, PA 19087.

The case arose from the defendant’s default on a mortgage initially executed in 1999 and modified in 2016. Despite receiving notice of default and the opportunity to cure, the defendant failed to make the required payments. The court rejected the defendant’s arguments, including that the plaintiff was not the proper party to bring the suit and that the plaintiff failed to establish possession of the original note. The court found the plaintiff’s evidence credible, including a power of attorney authorizing Fay Servicing to act on behalf of the trustee and the original note with a valid endorsement in blank. As a result, the court affirmed the plaintiff’s right to enforce the note and mortgage.

Congratulations to litigating attorney Quenten Gilliam, Esq.