Opinion
24-cv-2984
09-06-2024
Bank of America, N.A. Plaintiff v. Jasmine Court, Inc.; Jadwiga M. Krypla Defendants.
HON. FRANKLIN U. VALDERRAMA ASSIGNED JUDGE
AFFIDAVIT IN SUPPORT OF JUDGMENT
HON. JEFFREY COLE MAGISTRATE JUDGE
I, Derron Linyear, being first duly sworn on oath deposes and states that if sworn as a witness would testify as follows:
1. That I have personal knowledge of the facts stated in this Affidavit and if sorn as a witness I could testify competently thereto.
2. That I am a Vice President and BWT SAG Analyst for Bank of America, N.A. ("BOA” or "Plaintiff), and that in such capacity 1 am familiar with, and have access to, the records of Plaintiff with respect to the instruments referenced in this affidavit. These records are kept in the course of Plaintiffs regularly conducted loan administration activities, and it is the regular practice of Plaintiff to keep these records. I have personally reviewed the documents and records relied upon to make this affidavit.
3. As part of my duties with Plaintiff, I oversee and manage certain defaulted loan accounts, including the Loan which is the subject of this lawsuit and therefore am familiar with the Loan, Borrower's default, and the amounts due.
4. That I am familiar with the Loan that is the subject of this lawsuit. On or about March 25, 2020, Plaintiff extended credit to Jasmine Court, Inc. ("Borrower") in the amount of $250,000.00 ("Loan”). As evidence of the Loan, Borrower executed a Line of Credit Agreement dated March 25, 2020, as amended by that Loan Modification Agreement dated October 4, 2021 (collectively the "Loan Agreement”) in favor of the Plaintiff dated October 4, 2021 in the principal amount of $250,000.00. As further security for the Loan Agreement, Jadwiga M. Krypla ("Guarantor") executed the Loan Agreement as Guarantor Guarantying payment of all amounts due on the Loan Agreement, and all other amounts due from Borrower to Plaintiff. The Guaranty is contained within the Loan Agreement and a true and correct copy of the Loan Agreement is attached hereto as Group Exhibit 1.
5. That Plaintiff is the legal holder of said Loan Agreement.
6. Borrower defaulted on the Loan Agreement for a) failure to pay monthly installment payments when due, b) failure to maintain good standing with the Illinois Secretary of State, c) failure to provide financial information concerning Borrower and Guarantor as required and requested by Plaintiff, and d) failure to provide evidence of general business insurance and insurance covering collateral (the "Events of Default”).
7. That based on said Events of Default, Plaintiff demanded payment in full of all amounts due in connection with the Loan Agreement. See demand attached hereto as Exhibit 2.
8. Despite Plaintiffs demands neither Borrower, nor any party on behalf of Borrower, has not paid the amounts due Plaintiff with respect to the Loan Agreement.
9. That I am familiar with the books of original entry and accounts maintained by Plaintiff for the collect due on the Loan.
10. That I am familiar with the current status of the account for the Loan Agreement.
11. Attached hereto as Exhibits 1,2, 3,4, and 5 are true and correct copies of the Loan Agreement; Demand Letter; Loan History ("Loan History”); Payoff; and UCC Financing Statement relied upon by affiant in making this affidavit.
12. The Loan History attached hereto as Exhibit 3 is generated by a computer program ("Computer Program") that is used by Plaintiff to track payments made towards accounts, interest calculations for amounts due and owing on accounts, update balances due on accounts and in order to track, maintain, and calculate all amounts due and owing on any of Plaintiffs Accounts.
13. The Computer Program has been used by Plaintiff for a number of years in its normal course of business.
14. Programs similar to the Computer Program used by Plaintiff are customarily used in the banking industry.
15. When payments toward accounts are received by Plaintiff, employees of Plaintiff credit said payments to the appropriate accounts. In the same manner, when charges are made against an account, employees of Plaintiff debit the appropriate accounts. For electronic payments or advances, the appropriate credit or debit entry is made automatically by the Computer Program. The Computer Program will then automatically calculate running account totals in order that all account balances can be accurately reproduced. The Loan History is generated by the Computer Program showing the current balances.
16. Plaintiff maintains the Loan History as part of its regular business operations. The Loan History was not created in anticipation of litigation.
17. Based upon my review and examination of the Records, I know of my own personal knowledge that there is presently due, owing and unpaid by Jasmine Court, Inc. and Jadwiga M. Krypla, jointly and severally, to Bank of America under Loan Documents as of July 25, 2024 the following amounts: principal in the amount of $125,944.10, accrued contractual interest in the amount of $6,259.59 (with contractual per diem interest accruing of $26.76), accrued default interest in the amount of $2,938.69 (with a default per diem interest accruing of $20.99), late charges in the amount of $981.85, and UCC Terminations in the amount of $15.00. A true and correct copy of the Payment History and Payoff Statement that details default interest and fees due under the Loan Documents are attached hereto as Exhibit 3 and 4.
(Exhibit Omitted)