A bank is suing a Cedar Park holding company and its agents, alleging a deficiency balance of more than $460,000.
SunTrust Bank filed a lawsuit Nov. 10 in the Houston Division of the Southern District of Texas against Christopher P. Kiszkiel, Mikolaj J. Kiszkiel, Melissa A. Kiszkie, and Offshore Enterprises Holdings, alleging breach of contract.
On June 6, 2008, the suit states, the defendants executed to SunTrust a first preferred ship mortgage and SunTrust marine installment note, a disclosure statement, and a security agreement in the original principal amount of approximately $1 million. A vessel was secured as collateral.
The suit alleges the defendants defaulted under the agreement terms by failing to make a payment due May 2014, as well as all subsequent payments. SunTrust took possession of the vessel put up for collateral, according to the suit, and sold it for private sale March 16, leaving a deficiency balance due under the agreement.
The suit alleges SunTrust has sent deficiency notices to the defendants.
SunTrust seeks actual damages of $461,269.43, interest, attorney fees and costs of the suit. The plaintiff is represented by attorney Gary F. Cerasuolo of Smith & Cerasuolo in Houston.
Houston Division of the Southern District of Texas case number 4:15-cv-03309.