Preview
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
SUPREME COURT OF THE STATE OF NEW YORK Index number 2021-53906
COUNTY OF DUTCHESS
Midland Credit Management, Inc,
Plaintiff
-vs-
NICK LORE,
Defendant(s).
AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT
BY DEBT BUYER PLAINTIFF (Debt Buyer Actions)
Denise Condon, being duly sworn, deposes and says:
1. I am employed as a Legal Specialist Midland Credit Management, Inc. ("Plaintiff").
by
In this capacity, I have access to the books and records maintained by Plaintiff ("Business
Records"), including electronic records, relating to the account ("Account") of NICK LORE.
The last four digits of the Account number are XXXXXXXXXXXX0072.
2. In I also have personal knowledge of the procedures to the purchase
my position, relating
and/or assignment of consumer credit accounts. The Business Records were made in the
regular course of and itwas the regular course of such business to make the Business
business,
Records. The Business Records were made at or near the time of the events recorded. Based
on knowledge of the Business I have personal knowledge of the facts set forth in
my Records,
this affidavit.
3. On or about 2020-12-16, Plaintiff purchased or was assigned the Account from CAPITAL
ONE BANK (USA), N.A. (the "Purchase"). At that time, CAPITAL ONE BANK (USA),
N.A. assigned allof itsinterest in the Account, the right to any proceeds from
including
the Account, to Plaintiff. As part of the Purchase, Business Records relating to the Account
were transferred to Plaintiff. the Purchase, those Business Records were maintained
Following
in the ordinary course of business.
Page - 1
I ll|Hllll11151111115111 l|ll
|ll1111111111111|llll|l
310315614 AFFCOTMISC C600752
1 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
4. As set forth in the affidavit(s) of CAPITAL ONE BANK (USA), N.A. submitted herewith,
the complete chain of title,with the date of each sale or assignment of the Account, is as
follows:
1. CAPITAL ONE BANK (USA), N.A. 2020-12-16
2. Midland Credit Management, Inc.
5. At this Defendant owes $1,617.89 on theAccount. This amount includes the charge-
time,
off balance of $1,617.89, post-charge-off interest of $0.00, and post-charge-off fees and charges
of $0.00, less post-charge-off credits or payments made by or on behalf of the Defendant of
$0.00.
WHEREFORE, deponent demands judginent against Defendant for $1,617.89, together with
the costs and disbursements of this action.
LEFT BLANK INTENTIONALLY
Page - 2
l|ll l!!!!!!!!!!
1111111ll111111l11111111111111111||!||l|l|l|||111111111 l!!!!!!!!
l||l!!!!!!!!!!!!! |!!!"'!!!!!!"!
lillil!!!|il
310315614 AFFCOTMISC C600752
2 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
I under of that the statements are true and correct.
certify penalty perjury foregoing
"
DEC 2 1 2021
Date
Denise ConT6n
STATE OF MINNESOTA )
) ss
COUNTY OF STEARNS )
Subscribed and sworn to before me on by Denise Condon, a Legal
Specialist of Midland Credit Management, Inc., a foreign corporation, and hereby notarized
pursuant to the laws of the State of Minnesota on behalf of the corporation.
Notari t o eal or other Title or Rank):
MARTA FLOREZ-RAYON
Notary Public
Minnesota
MyCommission
ExpiresJan.31,2027
Signatu otary Public or Other Official
NY27
SELIP & STYLIANOU, LLP
Page - 3
:: |IIII'""" ™••uliIn gggigg1gi¡g
I
:::::::1111|||Iiiiiiiiiiiiiiiiii ||IIII||II
|||| Iggi
|!|||IIll
II I I!!!!!!ilillililli IIIIIIIIll
Illi IIIll
l|l|lllll1111111||||‡|||||||||||| i:: ::::!!!!.I.!|||:::|:|!:::!:
!!!!
310315614 AFFCOTMISC C600752
3 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
SUPREME COURT OF THE STATE OF NEW YORK Index number 2021-53906
COUNTY OF DUTCHESS
Midland Credit Management, Inc,
Plaintiff
-VS-
NICK LORE,
Defendant(s).
SUPPLEMENTAL AFFIDAVIT TO AFFIDAVIT OF FACTS AND PURCHASE
OF ACCOUNT BY DEBT BUYER PLAINTIFF (Debt Buyer Actions)
Denise Condon, being duly sworn, deposes and says:
1. I am employed as a Legal Specialist by Midland Credit Management, Inc. ("Plaintiff"). In
this capacity, I have access to the account records maintained by Plaintiff ("Business Records")
and make the statements herein based upon personal knowledge of the account records
maintained by Plaintiff, including electronic records relating to the account ("Account") of
NICK LORE. The last four digits of the Account number are XXXXXXXXXXXX0072.
Based on my knowledge of the manner in which MCM creates and maintains itsBusiness
Records, I have personal knowledge of the facts set forth herein. I submit this Affidavit to
supplement the facts set forth in the Affidavit of Facts and Purchase of Account by Debt Buyer
that Plaintiff submitted simultaneously herewith.
2. I have access to and have reviewed the electronic records pertaining to the Account
maintained by Plaintiff and am authorized to make this affidavit on Plaintiffs behalf. The
electronic records reviewed consist of data acquired from the seller or assignor when Plaintiff
purchased or was assigned the Account, together with records generated by Plaintiff in
connection with servicing the Account since the date Plaintiff purchased or was assigned the
Account. In addition, I reviewed the documents that are attached to this affidavit.
3. Plaintiff purchases or is assigned delinquent accounts and thereafter services the account.
As part of the Purchase or Assignment (as defined in the Affidavit of Facts and Purchase of
Page - 4
!!!!!!!!!!!iiiliiliiiilil!llllllIlli
IllIIIIIIlllliiiiiiiiiiiiiiiiiii!!!!||l11111111111111 i!!!!!!!!!!!!!!I111 lilliiii ª!!E!!!!!!!!!
lilliilliii!!
310315614 AFFCOTMISC C600752
4 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
Account by Debt Buyer Plaintiff subinitted simultaneously herewith), Plaintiff received from
the Original Creditor the Business Record File (as defined in the Original Creditor's Affidavits
herewith). Plaintiff incorporated the Business Records contained in the Business Record File
into itsown business records. It isthe ordinary and regular course of Plaintiff's business to
maintain these records, and these records were in fact maintained in the ordinary and regular
course of Plaintiff's business.
4. Attached hereto are records regarding the Account and/or payment(s) received.
5. The documents attached hereto are true and correct copies of the originals, being a
reproduction of Plaintiffs records, based upon my review, except to the extent that confidential
and privileged information and/or personal identifying information is omitted or redacted as
required by local rules, and applicable state and federal law.
WHEREFORE, deponent demands judgment against Defendant for $1,617.89, together with
the costs and disbursements of this action.
LEFT BLANK INTENTIONALLY
Page - 5
111111!l1111111111|l11111 !!!!!!!!l1111111111111111111
111111111111111iiii111in! !!!!!!!!!!!!!!!!!!!!!!Ill!!!!!!!!!l1111111
310315614 AFFCOTMISC C600752
5 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
I certify under penalty of perjury that the foregoing statements are true and correct.
DEC2 1 2021
Denise Condon
STATE OF MINNESOTA )
) ss
COUNTY OF STEARNS )
Subscribed and sworn to before me on by Denise Condon, a Legal
Specialist of Midland Credit Management, Inc., a foreign corporation, and hereby notarized
pursuant to the laws of the State of Minnesota on behalf of the corporation.
Notar 1 tanp o Seal (or other Title or Rank):
MARŸA
FLOREZ-RAYON
Notary Public
Minnesota
na)1re-ofNotary Public or Other Official
NY27
SELIP & STYLIANOU, LLP
Page - 6
Illlll|llllll|lllillilll|llll|ll II Ilillllllllllilllllllllfilllllllli lilll||llllllllllllillill|ll
310315614 AFFCOTMISC C600752
6 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
CERTIFICATE OF CONFORMITY
I,Jill N Brown, an attorney-at-law of the State of Minnesota who resides in the State of
Minnesota and is fully acquainted with the laws of the State of Minnesota pertaining to the
acknowledgment or proof of deeds of real property to be recorded therein, do hereby certify that
I am duly qualified to make this.certificate of conformity pursuant to Section 299-a of the Real
Property Law of the State of New York and hereby certify that the acknowledgment or proof
upon the foregoing document was taken by Marta Florez-Rayon, a notary public in the State of
Minnesota, in the manner prescribed by the laws of the State of Minnesota and conforms to the
laws thereof in allrespects,
IN WITNESS WHEREOF, I have hereunto set my,signature, this 21 day of December,
2021.
Jill(Whrown, Esq.
Attorney at Law, ID# 278117
State of Minnesota
7 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
AFFIDAVIT 0F FACTS AND SALE 0F ACCOUNT 57 ORTGlNAL CREDITOR
The undersignedy being duly SWorn, deposes and says:
1. I am an employee of Capital One Services, LLC, ("COSLLC"), an agent
and affiliate of the Original Creditor Capital One Bank (USA), National
Association ("Original Creditor"), and I have personal knowledge of and
access to Original Creditor's books and records ("Business Records"),
including electronic records, relating to a pool of charged-off consumer
credit accounts sold or assigned by Capital One Bank (USA), National
Association, the Original Creditor to Midland Credit Management, Inc
("Debt Buyer"), on Dec 9, 2020 (the "Sale"), which included the account
("Account") of the consumer ("Consumer") identified in the exhibits
attached hereto and incorporated herein (see Supplemental Affidavit of
Eacts and Sale of Account by Original Creditor submitted simultaneously
herewith for important supplemental information for this statement). As
part of the Sale, Original Creditor assigned all of its interest in the
Account, including the right to any proceeds from the Accounts, to Debt
Buyer, and it transferred Business Records relating to the Account to Debt
.Buyer. A true and correct copy of the bill of sale or written assignment
of the Account is attached as an exhibit to this affidavit.
2. In my position, I also have personal knowledge of Original
Creditor's procedures for creating and maintaining its Business Records,
including its procedures relating to the sale and assignment of consumer
credit accounts. Original Creditor's Business Records were made in the
regular course of business and it was the regular course of such business
to make the Business Records. The Business Records were made at or near
the time of the events recorded. Based on my knowledge of Original
Creditor's Business Records, I have personal knowledge of the facts set
forth in this affidavit.
3. Original Creditor and Consumer were parties to a credit agreement
("Agreement") resulting from Defendant's original credit agreement with
HSBC BANK NEVADA N.A., which was sold, assigned, and transferred to
on 2012 Affidavit·
Original Creditor May 1, (see Supplemental of Facts and
Sale of Account by Original Creditor submitted simultaneously herewith for
important supplemental information for this statement). When Capital One
acquired the account, the account had not charged off. Capital One,
therefore, was the owner and Original Creditor of this account before it
was sold to Debt Buyer. Consumer agreed to pay Original Creditor for all
goods, services, and cash advances provided pursuant to the Agreement.
The date and the amount of the last payment, if any, made by Consumer are
set forth in an exhibit attached hereto and made a part hereof. Consumer
defaulted and a demand for payment was made by Original Creditor. A true
and correct copy of the Agreement is attached as an exhibit to this
affidavit.
8 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
4, At the time of Sale, Consumer owed the amount set forth in the
exhibits attached hereto and made a part hereof, which also sets forth the
name of the consumor; the last four digits of the Account number;. the date
and amount of the charge-off balance; the date and amount of the last
payment, if any; the total amounts, if applicable, of any post-charge-off
interest and post-charge-off fees and charges; any post-charge-off credits
or payment made by or on behalf of the Consumer; and the balance due at
the time of the Sale. The above statements are true and correct to the
best of my personal knowledge.
Dated: February
Lola Baafo
co4nty of Renrices to wit:
commonwealth of Virginia
SUBBCRIBED and sworn to before me, the undersigned Notary Public in
and for the jurisdiction aforesaid, by Lola Baafor who is personally known
to me and who acknowledged before me his/her signature to the foregoing
Affidavit.
GIVEN under my hand and seal this day of rebruary, 20 21
RMary 9 lic
LTH
9 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
Capital One Account Itemization
Account Number 0072
original creditor capital one sank (USAL Rational Association
Assignee of ESBC BARR NEVADA NaA,
Bòrtower#s Full Name LORE, 310E
Origination Date 2007-02-06
Lest $4yment Dats 2019*01-07
tast Payment Amount $250.00
Charge off Date â019-Q$-26
Chnrge off Ra1anon #1617.89
Total Post Charge off
Interest at time of sale $6.00
Total Post Charge off
Charges at time of sale $0.00
Total Post charge oft
onedits at thte of sale $6 00
Sale Date 2020-12-09
Bailance at time of sale $161‰89
10 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
$@PLEMENTAL AFFIDAVIT 0F FACTS AND SALE Of ACCOUNT BY ORIGINAL CBSDITOR
(Debt Buyer Actions
The undersigned, Deing duly sworn, deposes and says:
1. My name is Lola Buafo. I am an employee of Capital One Services,
LLC ("COSLLC"), an agent and affiliate of Original Creditor Capital One
Bank (USA), National Association ("Original Creditor"). I make this
supplemental affidavit in support of Midland Credit Management, Inc ("Debt
Buyer)'s request for the entry of judgment in this matter against LORE,
NICK ("Defendant"). COSLLC provides services to Original Creditor in
connection with its credit card and related banking practices. My job
responsibilities as Litigation Support Representative provide me with
access to all relevant systems and docu=ents of Original Creditor needed
to validate the information in the Affidavit of Facts and Sale of Account
by Original Creditor executed by me contemporaneously with my signing of
this affidavit.
Defendantfs credit card account was originated by HSBC BANK NEVADA
N.A. and was and transferred to- Original
subsequently sold, assigned,
Creditor on May 1, ŽÚ10 Capital One was the owner and Original Creditor
of the acce%ttit at the time it was charged off and before it was sold to
Debt ]Buyer.
The above statemente are true and correct to the best of my personal
kriowledge.
Given under my hand on:
DSted: February
County of Hangido, to wit0
Commonwealth of Virginia
SUBSCRIBED and sworn to before me, the undersigned Notary Public in
and for the jurisdiction aforesaid, by Lola Buafor who is personally known
to me and who acknowledged before me his/her signature to the foregoing
Affidavit.
GIVEN under my hand and seal thiii . day of February, 2021.
DPRES
11 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
CERT#MCATR OF CONFORMPfY
NYS RFL g 2994
The undersigned does ceedfy dat he is an attorney-at4aw duty edmisse to
hereby
practice h te Conananwealth of Virginia and residing in the Commonwealth of Vhginia; &at
he is fully gáäiated with the laws of the Cotmnesweakh of Virginia peredning to the
acknowledg:=ent or proofaf deeds ef real preparty to be recorded therein; and that he is a person
duly qualified to make this eerdficate of conformity pasuant to Section 2994 of the Real
Property Law of the State of New York. The undersigned certifies that the acknowledg=ent
apon the foregoing decarsent by Lola Baafo. before Amsede R Temple a notary publie h the
Conanenwealth at Virginia, was taken fa the manner prescribed by the laws of to
Connnonwealth of Virghtia and conforms to mose Igws in eH respects.
Witness tny sigentate&is / 7 ..day of February, 202L
William Weaver Saidow, Jr.
Virgists State BarNo 43219
12 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
Forward Mow Receivable Sale Agreement dated July 16,2020
BILL OF BALE
Closing Datet December 16, 2020
canital One Bank (USA), National Association ("Seller"), in consideration of a Purchase
Price of and other valuable consideration, the receipt of which is hereby
acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts
identified in the Sale File entitled
OMEGA.BN0076.SALES.PROD-EAST.BPSLE20201209_BN0076_main.dat.gz
OMEGA.BN0076.8ALES.PROD-EAST.BPSLE20201209_BN0076_customer.dat.gz
OMEGA.BN0076.SALES.PROD-EAST.BPSLE20201209_BN0076_phone.dat.gz
(which may be in electronic form) to Midland Credit Management, Inc., a Kansas corporation
("Buyer"), without recourse or representation except as expressly provided herein or on the terms,
and subject to the conditions, set forth in the Agreement (as defmed below).
This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale
Agreement, dated as of July I6, 2020, by and between Seller and Buyer (the "Agreement"). All
capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to
such terms in the Agreement.
The Sale File Delivery Date for the Sale File was December 9, 2020. The aggregate Sale
Balance of the Accounts as of the Sale File Delivery Date was
CAPITAL ONE BANK (USA), MIDLAND CREDIT MANAGEMENT, INC.
NATION ASSOCIATION
By:
It Lane Sarah Cosgrave
amo Name:
*
Title: resident
Title: MVP of Business Development
13 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
Forward Flow Reedvable Sale Agreensent dated July 16, 2010
AF10ODAVIT OF SALE
OF ACCOUNT
BY CREDITOR
State ofV¾ County of GemoNand
jeates A Lana iming degy swata, d ones and mys:
I am over 18 and not a party to this action, I am a Vice President of Capital One Bank (USA),
National Association. In that position I am aware of the process of the sale and assignment of
electronically stored business records.
On or about December 9, 2020, Capital One Bank (USA), National Association sold a pool of
charged+ff accottnts (the Accounts) by a Forward Flow Receivable Sale Agreement and a Bill
of Sale to Midland Credit Management, Inc., a Kansas corporation. As part of the sale of the
Accounts, electronic records and other records were transferred on individual Accounts to the
debt buyer. These records were kept in the ordinary course of business of Capital One Bank
(USA), National Association.
I agn not aware of any errors in these aceounts. The above ea--5s are true to the best ofmy
knowledge.
Sisted this day of peane É2020.
Vice
SUBSCRIBBD and sworn to before me, the undersigned Notary Public in the jurisdiction
aforesaid, by James R. Lane, who is personally known to me and who acknowledged before me
his signature to the foregoing Affidavit.
01VEN under nay hand and seal this 1 day of DramarbC2020,
WILLIAM WESTON PAIGE
William Weston Paige
NOTARY PUBLIC
Notary Public REG. #7798958
COMMONWEALTH OF VIRGlISA
NY COMMISSION EXPMES DCT. 81, 2022
14 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
Forward Elow Receivahie Sah Agreemsent dated July 16i 2028
CERT2EICATE OF CONFORMitY
CERTIFICATE OF CONFORMITY
MADE PURSUANT TO
CFLR 2309(c)
and RPL 299-a
1, an anomey-seaw ededged to practice in Re CemarenWealth of Veginia, do hachy
eardfy get William Weston Paiga, is a notary publie in and foree cesweathf Vkginia,
in die jadediedon afeet±ethned and h acknowledgment agen afHeavits for Capital One M
(USA)3 Nadmad Assoegadon are mken in the numer presedhed by the lawsoth
commonwealthof Vkginia and eanfennse ste laws fliment in an respects.
2/1s/2020
IN WITNESS WHEREOF, Ihave heanate set any signature, on
8 gued Natae
Auorney at Law, Comanonwealth ofVkginia
15 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
etadan gasammatemant heagh q012
JuL 25 2019 200 t M ag p in 8ling cle
$o49
New 8ahnee Minimum Payment nee Ohr Credits $4
$1 617 9 $1417.89 woo
mammecounTeares
Your full
balanceis due. Any payment
you make will
reduceyour balance . . . ...
and help pg off your debt The amount
faster, you owe may differ
if
you'veenteredfrdo a separate
payment ageement.
New$ain 87749
may contact
New York residents the New York State
Department of
Financial
Servicesto obtain
a comparative of credit
listing card rates,
fees, and grace periods.
Contactthe New York State
Department of
Enancialservices:1-877-226-5697 or www.dfs.ny.gov.
yeMetW|[e your ageountion Wa
our mobileapp aret asicom, Castmagr$ettised-GtÑ 2884319 Swrevampfar impedanthe½
Payment Date Past Due Acq0ant $0dittg in0072
New Balance EMI== Payment Due Amonet Enclosed
$1,617,89 $L61729 $
sitsitas $2964 RB
(0185py oterits, my issus-assa gagitar one
16 of 19
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022
How do vou Process Payments? When you make a payment, you authorizeus b
How can I Avoid Pmina interest Chasees? if you pay yourstatements NewBalancein
full by the due date, we will not chargeyou intereston any new transacdonsthat post to
or eledronic paymentthat wig be debited from your bank accountor
Infliate an AOf
if you have been paying your accountin fug with no interest
the purchase segment other related account When you provide a check or check infomiaUon10 make a
Charges,but then you do not pay your next NewBalancein1b11, payment,you authorizeus to use informationfromthe checkto make a one-timeACHor
we wigchargeIntereston
For Cash Advances and Special
the pordon of the balance that you did not pay. other electronictransfer from your bankaccount We may also processit as a check
Certain promodonal
Transfers, we wig start charging interest on the fransactiondate. transac6on.Funds may be withdrawnfrom your bankaccountso soon as the sameday
offers may allow you lo pay less than the total New Balanceand avoid paying Interest
we pmoessyour payment.
Chargeson new purchases. Please refer lo the front of your statement for additional
How do vou Amsty My Pavment? We genergy apply paymentsup b your Minimum
intbnnation. Payment #rst to the balance with the fowest APR (including D% APR), and then to
Interest Charges accrue from the da
Preview
FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 SUPREME COURT OF THE STATE OF NEW YORK Index number 2021-53906 COUNTY OF DUTCHESS Midland Credit Management, Inc, Plaintiff -vs- NICK LORE, Defendant(s). AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF (Debt Buyer Actions) Denise Condon, being duly sworn, deposes and says: 1. I am employed as a Legal Specialist Midland Credit Management, Inc. ("Plaintiff"). by In this capacity, I have access to the books and records maintained by Plaintiff ("Business Records"), including electronic records, relating to the account ("Account") of NICK LORE. The last four digits of the Account number are XXXXXXXXXXXX0072. 2. In I also have personal knowledge of the procedures to the purchase my position, relating and/or assignment of consumer credit accounts. The Business Records were made in the regular course of and itwas the regular course of such business to make the Business business, Records. The Business Records were made at or near the time of the events recorded. Based on knowledge of the Business I have personal knowledge of the facts set forth in my Records, this affidavit. 3. On or about 2020-12-16, Plaintiff purchased or was assigned the Account from CAPITAL ONE BANK (USA), N.A. (the "Purchase"). At that time, CAPITAL ONE BANK (USA), N.A. assigned allof itsinterest in the Account, the right to any proceeds from including the Account, to Plaintiff. As part of the Purchase, Business Records relating to the Account were transferred to Plaintiff. the Purchase, those Business Records were maintained Following in the ordinary course of business. Page - 1 I ll|Hllll11151111115111 l|ll |ll1111111111111|llll|l 310315614 AFFCOTMISC C600752 1 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 4. As set forth in the affidavit(s) of CAPITAL ONE BANK (USA), N.A. submitted herewith, the complete chain of title,with the date of each sale or assignment of the Account, is as follows: 1. CAPITAL ONE BANK (USA), N.A. 2020-12-16 2. Midland Credit Management, Inc. 5. At this Defendant owes $1,617.89 on theAccount. This amount includes the charge- time, off balance of $1,617.89, post-charge-off interest of $0.00, and post-charge-off fees and charges of $0.00, less post-charge-off credits or payments made by or on behalf of the Defendant of $0.00. WHEREFORE, deponent demands judginent against Defendant for $1,617.89, together with the costs and disbursements of this action. LEFT BLANK INTENTIONALLY Page - 2 l|ll l!!!!!!!!!! 1111111ll111111l11111111111111111||!||l|l|l|||111111111 l!!!!!!!! l||l!!!!!!!!!!!!! |!!!"'!!!!!!"! lillil!!!|il 310315614 AFFCOTMISC C600752 2 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 I under of that the statements are true and correct. certify penalty perjury foregoing " DEC 2 1 2021 Date Denise ConT6n STATE OF MINNESOTA ) ) ss COUNTY OF STEARNS ) Subscribed and sworn to before me on by Denise Condon, a Legal Specialist of Midland Credit Management, Inc., a foreign corporation, and hereby notarized pursuant to the laws of the State of Minnesota on behalf of the corporation. Notari t o eal or other Title or Rank): MARTA FLOREZ-RAYON Notary Public Minnesota MyCommission ExpiresJan.31,2027 Signatu otary Public or Other Official NY27 SELIP & STYLIANOU, LLP Page - 3 :: |IIII'""" ™••uliIn gggigg1gi¡g I :::::::1111|||Iiiiiiiiiiiiiiiiii ||IIII||II |||| Iggi |!|||IIll II I I!!!!!!ilillililli IIIIIIIIll Illi IIIll l|l|lllll1111111||||‡|||||||||||| i:: ::::!!!!.I.!|||:::|:|!:::!: !!!! 310315614 AFFCOTMISC C600752 3 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 SUPREME COURT OF THE STATE OF NEW YORK Index number 2021-53906 COUNTY OF DUTCHESS Midland Credit Management, Inc, Plaintiff -VS- NICK LORE, Defendant(s). SUPPLEMENTAL AFFIDAVIT TO AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF (Debt Buyer Actions) Denise Condon, being duly sworn, deposes and says: 1. I am employed as a Legal Specialist by Midland Credit Management, Inc. ("Plaintiff"). In this capacity, I have access to the account records maintained by Plaintiff ("Business Records") and make the statements herein based upon personal knowledge of the account records maintained by Plaintiff, including electronic records relating to the account ("Account") of NICK LORE. The last four digits of the Account number are XXXXXXXXXXXX0072. Based on my knowledge of the manner in which MCM creates and maintains itsBusiness Records, I have personal knowledge of the facts set forth herein. I submit this Affidavit to supplement the facts set forth in the Affidavit of Facts and Purchase of Account by Debt Buyer that Plaintiff submitted simultaneously herewith. 2. I have access to and have reviewed the electronic records pertaining to the Account maintained by Plaintiff and am authorized to make this affidavit on Plaintiffs behalf. The electronic records reviewed consist of data acquired from the seller or assignor when Plaintiff purchased or was assigned the Account, together with records generated by Plaintiff in connection with servicing the Account since the date Plaintiff purchased or was assigned the Account. In addition, I reviewed the documents that are attached to this affidavit. 3. Plaintiff purchases or is assigned delinquent accounts and thereafter services the account. As part of the Purchase or Assignment (as defined in the Affidavit of Facts and Purchase of Page - 4 !!!!!!!!!!!iiiliiliiiilil!llllllIlli IllIIIIIIlllliiiiiiiiiiiiiiiiiii!!!!||l11111111111111 i!!!!!!!!!!!!!!I111 lilliiii ª!!E!!!!!!!!! lilliilliii!! 310315614 AFFCOTMISC C600752 4 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 Account by Debt Buyer Plaintiff subinitted simultaneously herewith), Plaintiff received from the Original Creditor the Business Record File (as defined in the Original Creditor's Affidavits herewith). Plaintiff incorporated the Business Records contained in the Business Record File into itsown business records. It isthe ordinary and regular course of Plaintiff's business to maintain these records, and these records were in fact maintained in the ordinary and regular course of Plaintiff's business. 4. Attached hereto are records regarding the Account and/or payment(s) received. 5. The documents attached hereto are true and correct copies of the originals, being a reproduction of Plaintiffs records, based upon my review, except to the extent that confidential and privileged information and/or personal identifying information is omitted or redacted as required by local rules, and applicable state and federal law. WHEREFORE, deponent demands judgment against Defendant for $1,617.89, together with the costs and disbursements of this action. LEFT BLANK INTENTIONALLY Page - 5 111111!l1111111111|l11111 !!!!!!!!l1111111111111111111 111111111111111iiii111in! !!!!!!!!!!!!!!!!!!!!!!Ill!!!!!!!!!l1111111 310315614 AFFCOTMISC C600752 5 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 I certify under penalty of perjury that the foregoing statements are true and correct. DEC2 1 2021 Denise Condon STATE OF MINNESOTA ) ) ss COUNTY OF STEARNS ) Subscribed and sworn to before me on by Denise Condon, a Legal Specialist of Midland Credit Management, Inc., a foreign corporation, and hereby notarized pursuant to the laws of the State of Minnesota on behalf of the corporation. Notar 1 tanp o Seal (or other Title or Rank): MARŸA FLOREZ-RAYON Notary Public Minnesota na)1re-ofNotary Public or Other Official NY27 SELIP & STYLIANOU, LLP Page - 6 Illlll|llllll|lllillilll|llll|ll II Ilillllllllllilllllllllfilllllllli lilll||llllllllllllillill|ll 310315614 AFFCOTMISC C600752 6 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 CERTIFICATE OF CONFORMITY I,Jill N Brown, an attorney-at-law of the State of Minnesota who resides in the State of Minnesota and is fully acquainted with the laws of the State of Minnesota pertaining to the acknowledgment or proof of deeds of real property to be recorded therein, do hereby certify that I am duly qualified to make this.certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York and hereby certify that the acknowledgment or proof upon the foregoing document was taken by Marta Florez-Rayon, a notary public in the State of Minnesota, in the manner prescribed by the laws of the State of Minnesota and conforms to the laws thereof in allrespects, IN WITNESS WHEREOF, I have hereunto set my,signature, this 21 day of December, 2021. Jill(Whrown, Esq. Attorney at Law, ID# 278117 State of Minnesota 7 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 AFFIDAVIT 0F FACTS AND SALE 0F ACCOUNT 57 ORTGlNAL CREDITOR The undersignedy being duly SWorn, deposes and says: 1. I am an employee of Capital One Services, LLC, ("COSLLC"), an agent and affiliate of the Original Creditor Capital One Bank (USA), National Association ("Original Creditor"), and I have personal knowledge of and access to Original Creditor's books and records ("Business Records"), including electronic records, relating to a pool of charged-off consumer credit accounts sold or assigned by Capital One Bank (USA), National Association, the Original Creditor to Midland Credit Management, Inc ("Debt Buyer"), on Dec 9, 2020 (the "Sale"), which included the account ("Account") of the consumer ("Consumer") identified in the exhibits attached hereto and incorporated herein (see Supplemental Affidavit of Eacts and Sale of Account by Original Creditor submitted simultaneously herewith for important supplemental information for this statement). As part of the Sale, Original Creditor assigned all of its interest in the Account, including the right to any proceeds from the Accounts, to Debt Buyer, and it transferred Business Records relating to the Account to Debt .Buyer. A true and correct copy of the bill of sale or written assignment of the Account is attached as an exhibit to this affidavit. 2. In my position, I also have personal knowledge of Original Creditor's procedures for creating and maintaining its Business Records, including its procedures relating to the sale and assignment of consumer credit accounts. Original Creditor's Business Records were made in the regular course of business and it was the regular course of such business to make the Business Records. The Business Records were made at or near the time of the events recorded. Based on my knowledge of Original Creditor's Business Records, I have personal knowledge of the facts set forth in this affidavit. 3. Original Creditor and Consumer were parties to a credit agreement ("Agreement") resulting from Defendant's original credit agreement with HSBC BANK NEVADA N.A., which was sold, assigned, and transferred to on 2012 Affidavit· Original Creditor May 1, (see Supplemental of Facts and Sale of Account by Original Creditor submitted simultaneously herewith for important supplemental information for this statement). When Capital One acquired the account, the account had not charged off. Capital One, therefore, was the owner and Original Creditor of this account before it was sold to Debt Buyer. Consumer agreed to pay Original Creditor for all goods, services, and cash advances provided pursuant to the Agreement. The date and the amount of the last payment, if any, made by Consumer are set forth in an exhibit attached hereto and made a part hereof. Consumer defaulted and a demand for payment was made by Original Creditor. A true and correct copy of the Agreement is attached as an exhibit to this affidavit. 8 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 4, At the time of Sale, Consumer owed the amount set forth in the exhibits attached hereto and made a part hereof, which also sets forth the name of the consumor; the last four digits of the Account number;. the date and amount of the charge-off balance; the date and amount of the last payment, if any; the total amounts, if applicable, of any post-charge-off interest and post-charge-off fees and charges; any post-charge-off credits or payment made by or on behalf of the Consumer; and the balance due at the time of the Sale. The above statements are true and correct to the best of my personal knowledge. Dated: February Lola Baafo co4nty of Renrices to wit: commonwealth of Virginia SUBBCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Lola Baafor who is personally known to me and who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this day of rebruary, 20 21 RMary 9 lic LTH 9 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 Capital One Account Itemization Account Number 0072 original creditor capital one sank (USAL Rational Association Assignee of ESBC BARR NEVADA NaA, Bòrtower#s Full Name LORE, 310E Origination Date 2007-02-06 Lest $4yment Dats 2019*01-07 tast Payment Amount $250.00 Charge off Date â019-Q$-26 Chnrge off Ra1anon #1617.89 Total Post Charge off Interest at time of sale $6.00 Total Post Charge off Charges at time of sale $0.00 Total Post charge oft onedits at thte of sale $6 00 Sale Date 2020-12-09 Bailance at time of sale $161‰89 10 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 $@PLEMENTAL AFFIDAVIT 0F FACTS AND SALE Of ACCOUNT BY ORIGINAL CBSDITOR (Debt Buyer Actions The undersigned, Deing duly sworn, deposes and says: 1. My name is Lola Buafo. I am an employee of Capital One Services, LLC ("COSLLC"), an agent and affiliate of Original Creditor Capital One Bank (USA), National Association ("Original Creditor"). I make this supplemental affidavit in support of Midland Credit Management, Inc ("Debt Buyer)'s request for the entry of judgment in this matter against LORE, NICK ("Defendant"). COSLLC provides services to Original Creditor in connection with its credit card and related banking practices. My job responsibilities as Litigation Support Representative provide me with access to all relevant systems and docu=ents of Original Creditor needed to validate the information in the Affidavit of Facts and Sale of Account by Original Creditor executed by me contemporaneously with my signing of this affidavit. Defendantfs credit card account was originated by HSBC BANK NEVADA N.A. and was and transferred to- Original subsequently sold, assigned, Creditor on May 1, ŽÚ10 Capital One was the owner and Original Creditor of the acce%ttit at the time it was charged off and before it was sold to Debt ]Buyer. The above statemente are true and correct to the best of my personal kriowledge. Given under my hand on: DSted: February County of Hangido, to wit0 Commonwealth of Virginia SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Lola Buafor who is personally known to me and who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal thiii . day of February, 2021. DPRES 11 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 CERT#MCATR OF CONFORMPfY NYS RFL g 2994 The undersigned does ceedfy dat he is an attorney-at4aw duty edmisse to hereby practice h te Conananwealth of Virginia and residing in the Commonwealth of Vhginia; &at he is fully gáäiated with the laws of the Cotmnesweakh of Virginia peredning to the acknowledg:=ent or proofaf deeds ef real preparty to be recorded therein; and that he is a person duly qualified to make this eerdficate of conformity pasuant to Section 2994 of the Real Property Law of the State of New York. The undersigned certifies that the acknowledg=ent apon the foregoing decarsent by Lola Baafo. before Amsede R Temple a notary publie h the Conanenwealth at Virginia, was taken fa the manner prescribed by the laws of to Connnonwealth of Virghtia and conforms to mose Igws in eH respects. Witness tny sigentate&is / 7 ..day of February, 202L William Weaver Saidow, Jr. Virgists State BarNo 43219 12 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 Forward Mow Receivable Sale Agreement dated July 16,2020 BILL OF BALE Closing Datet December 16, 2020 canital One Bank (USA), National Association ("Seller"), in consideration of a Purchase Price of and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled OMEGA.BN0076.SALES.PROD-EAST.BPSLE20201209_BN0076_main.dat.gz OMEGA.BN0076.8ALES.PROD-EAST.BPSLE20201209_BN0076_customer.dat.gz OMEGA.BN0076.SALES.PROD-EAST.BPSLE20201209_BN0076_phone.dat.gz (which may be in electronic form) to Midland Credit Management, Inc., a Kansas corporation ("Buyer"), without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defmed below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of July I6, 2020, by and between Seller and Buyer (the "Agreement"). All capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Sale File Delivery Date for the Sale File was December 9, 2020. The aggregate Sale Balance of the Accounts as of the Sale File Delivery Date was CAPITAL ONE BANK (USA), MIDLAND CREDIT MANAGEMENT, INC. NATION ASSOCIATION By: It Lane Sarah Cosgrave amo Name: * Title: resident Title: MVP of Business Development 13 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 Forward Flow Reedvable Sale Agreensent dated July 16, 2010 AF10ODAVIT OF SALE OF ACCOUNT BY CREDITOR State ofV¾ County of GemoNand jeates A Lana iming degy swata, d ones and mys: I am over 18 and not a party to this action, I am a Vice President of Capital One Bank (USA), National Association. In that position I am aware of the process of the sale and assignment of electronically stored business records. On or about December 9, 2020, Capital One Bank (USA), National Association sold a pool of charged+ff accottnts (the Accounts) by a Forward Flow Receivable Sale Agreement and a Bill of Sale to Midland Credit Management, Inc., a Kansas corporation. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of Capital One Bank (USA), National Association. I agn not aware of any errors in these aceounts. The above ea--5s are true to the best ofmy knowledge. Sisted this day of peane É2020. Vice SUBSCRIBBD and sworn to before me, the undersigned Notary Public in the jurisdiction aforesaid, by James R. Lane, who is personally known to me and who acknowledged before me his signature to the foregoing Affidavit. 01VEN under nay hand and seal this 1 day of DramarbC2020, WILLIAM WESTON PAIGE William Weston Paige NOTARY PUBLIC Notary Public REG. #7798958 COMMONWEALTH OF VIRGlISA NY COMMISSION EXPMES DCT. 81, 2022 14 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 Forward Elow Receivahie Sah Agreemsent dated July 16i 2028 CERT2EICATE OF CONFORMitY CERTIFICATE OF CONFORMITY MADE PURSUANT TO CFLR 2309(c) and RPL 299-a 1, an anomey-seaw ededged to practice in Re CemarenWealth of Veginia, do hachy eardfy get William Weston Paiga, is a notary publie in and foree cesweathf Vkginia, in die jadediedon afeet±ethned and h acknowledgment agen afHeavits for Capital One M (USA)3 Nadmad Assoegadon are mken in the numer presedhed by the lawsoth commonwealthof Vkginia and eanfennse ste laws fliment in an respects. 2/1s/2020 IN WITNESS WHEREOF, Ihave heanate set any signature, on 8 gued Natae Auorney at Law, Comanonwealth ofVkginia 15 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 etadan gasammatemant heagh q012 JuL 25 2019 200 t M ag p in 8ling cle $o49 New 8ahnee Minimum Payment nee Ohr Credits $4 $1 617 9 $1417.89 woo mammecounTeares Your full balanceis due. Any payment you make will reduceyour balance . . . ... and help pg off your debt The amount faster, you owe may differ if you'veenteredfrdo a separate payment ageement. New$ain 87749 may contact New York residents the New York State Department of Financial Servicesto obtain a comparative of credit listing card rates, fees, and grace periods. Contactthe New York State Department of Enancialservices:1-877-226-5697 or www.dfs.ny.gov. yeMetW|[e your ageountion Wa our mobileapp aret asicom, Castmagr$ettised-GtÑ 2884319 Swrevampfar impedanthe½ Payment Date Past Due Acq0ant $0dittg in0072 New Balance EMI== Payment Due Amonet Enclosed $1,617,89 $L61729 $ sitsitas $2964 RB (0185py oterits, my issus-assa gagitar one 16 of 19 FILED: DUTCHESS COUNTY CLERK 01/14/2022 01:18 PM INDEX NO. 2021-53906 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/14/2022 How do vou Process Payments? When you make a payment, you authorizeus b How can I Avoid Pmina interest Chasees? if you pay yourstatements NewBalancein full by the due date, we will not chargeyou intereston any new transacdonsthat post to or eledronic paymentthat wig be debited from your bank accountor Infliate an AOf if you have been paying your accountin fug with no interest the purchase segment other related account When you provide a check or check infomiaUon10 make a Charges,but then you do not pay your next NewBalancein1b11, payment,you authorizeus to use informationfromthe checkto make a one-timeACHor we wigchargeIntereston For Cash Advances and Special the pordon of the balance that you did not pay. other electronictransfer from your bankaccount We may also processit as a check Certain promodonal Transfers, we wig start charging interest on the fransactiondate. transac6on.Funds may be withdrawnfrom your bankaccountso soon as the sameday offers may allow you lo pay less than the total New Balanceand avoid paying Interest we pmoessyour payment. Chargeson new purchases. Please refer lo the front of your statement for additional How do vou Amsty My Pavment? We genergy apply paymentsup b your Minimum intbnnation. Payment #rst to the balance with the fowest APR (including D% APR), and then to Interest Charges accrue from the da