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  • Midland Funding Llc v. Timothy Collmer Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Funding Llc v. Timothy Collmer Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Funding Llc v. Timothy Collmer Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Funding Llc v. Timothy Collmer Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Funding Llc v. Timothy Collmer Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Funding Llc v. Timothy Collmer Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Funding Llc v. Timothy Collmer Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Funding Llc v. Timothy Collmer Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
						
                                

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FILED: LIVINGSTON COUNTY CLERK 12/04/2019 05:10 PM INDEX NO. 000407-2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2019 Mary F. Strickland , County Clerk Livingston County Government Center 6 Court Street, Room 201 fl A ÏÏ Geneseo, New York 14454 182' ~ (585) 243-7010 Fax (585) 243-7928 Livingston County Clerk Recording Page Received From: Return To: CRAIG SCOTT STILLER CRAIG SCOTT STILLER Document Type: CIVIL ACTION - MISC Document Desc: AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTI FF Plaintiff Defendant MIDLAND FUNDING LLC COLLMER TIMOTHY Recorded Information: State of New York Index #: 000407-2019 County of Liviñgston EFiling through NYSCEF Livingston County Clerk This sheet condH&s the Clerk's endomement equind by section 319 of the Real Property Law ofthe State ofNew York AKB Do Not 1 ofDetach 11 Index INDEX # NO.: 000407-2019 000407-2019 FILED: LIVINGSTON COUNTY CLERK 12/04/2019 05:10 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2019 SUPREME COURT OF THE STATE OF NEW YORK Index number 000407-2019 COUNTY OF LIVINGSTON MIDLAND FUNDING LLC, Plaintiff -vs- TIMOTHY COLLMER, Defendant(s). AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF (Debt Buyer Actions) Lee Erickson, being duly sworn, deposes and says: 1. I am an officer of MIDLAND FUNDING LLC ("Plaintiff"), and employed as a Legal Specialist by Midland Credit Management, Inc. ("MCM"), servicer of this account on behalf of Plaintiff. In this capacity, I have access to the books and records maintained on Plaintiff's behalf ("Business Records") and make the statements herein based upon personal knowledge of the relationship between Plaintiff and itsaffiliate, MCM, and/or review of the books and records maintained on Plaintiff's behalf, including electronic records, relating to the account ("Account") of TIMOTHY COLLMER. The last four digits of the Account number are XXXXXXXXXXXXXXX6032. 2. In my position, I also have personal knowledge of the procedures relating to the purchase and assignment of consumer credit accounts. The Business Records were made in the regular course of business, and itwas 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 the manner in which MCM creates and maintains its Business Records, I have personal knowledge of the facts set forth herein. I have access to and have reviewed the electronic records pertaining to the account maintained by MCM and am authorized to make this affidavit on Plaintiff 's behalf. The electronic records reviewed consist of data acquired from the seller when Plaintiff purchased the account, together with records generated by MCM Felt & Warshaw, Pressler, LLP Not a consumer credit transaction as defined under §202.27-a, §208.14-a, §210.14-a and §212.14-a [Page 1] 1111111111111A15111111|lt11111111IIIlllM IIlllIIII|IIIlgIIIIllillllllMlE|II 155111111111151ll11111 8574679806 AFFCOTMISC C300383 2 of 11 Index NO. INDEX #: 000407-2019 000407-2019 FILED: LIVINGSTON COUNTY CLERK 12/04/2019 05:10 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2019 in connection with servicing the account since the date the account was purchased by Plaintiff. In addition, I reviewed the documents that are attached to this affidavit. 3. Plaintiff purchases delinquent accounts, and thereafter assigns the accounts to itsaffiliate, MCM, to service the accounts on Plaintiff'sbehalf. As part of the Purchase, MCM received from the Debt Seller the Business Record File. MCM incorporated the Business Records contained in the Business Record File into itsown business records. It isthe ordinary and regular course of MCM's business to maintain these records, and these records were in fact maintained in the ordinary and regular course of MCM's business. 4. On or about 2016-12-21, Plaintiff purchased or was assigned the Account from DELL FINANCIAL SERVICES (the "Purchase"). At that time, DELL FINANCIAL SERVICES assigned allof its interest in the Account, including the right to any proceeds from the Account, to Plaintiff. As part of the Purchase, Business Records relating to the Account were transferred to Plaintiff. Following the Purchase, those Business Records were maintained in the ordinary course of business. 5. The complete chain of title,with the date of each sale or assignment of the Account, is as follows: a. WebBank, 2016-11-28 b. Dell Financial Services LL.C., 2016-12-21 c. MIDLAND FUNDING LLC, 4. At this Defendant owes $2,425.54 on the Account. This amount inchules the charge- time, off balance of $2,825.54, 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 $400.00. 5. Attached hereto are records regarding the Account and/or payment(s) received. 6. The documents attaciled hereto are true and correct copies of the originals, being a reproduction of the records on fileon behalf of Plaintiff based upon my review, except to the §202.27-a, §208.14-a, §210.14-a and §212.14-a [Page 2] li11111111111A1R1111111111111111iliiilliiiiiH 1111111111111A111111111111111111111111111111111111IEllllIllnIIIlllIIllIllllIlllllll 8574679806 AFFCOTMISC C300383 3 of 11 Index NO. INDEX #: 000407-2019 000407-2019 FILED: LIVINGSTON COUNTY CLERK 12/04/2019 05:10 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2019 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 $2,425.54, together with the costs and disbursements of this action. I certify under penalty of perjury that the foregoing statements are true and correct. AUG 26 2019 c Date Lee Erickson STATE OF MINNESOTA ) ) ss COUNTY OF STEARNS ) Subscribed and sworn to before me on AUG Ñ M by Lee Erickson, an Officer of Plaintiff and 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. Cindy R Thebert Public- Minnesota Notary . . ExpiresJa31, 2023 MyCommission Signature of Ndtary Public or Other Official NJ44 Pressler, Felt & Warshaw, LLP ____...._............ . . .. . ............... 202.27-a, §208.14-a, §210.14-a and §212.14-a [Page 3] IRINillgillillilliilli!illi lil!R IRIlilllllllillMIRIEIIIRIlllilA IAllilllllElilllllill ll1A 8574679806 AFFCOTMISC C300383 4 of 11 INDEX #: Index NO.000407-2019 000407-2019 FILED: LIVINGSTON COUNTY CLERK 12/04/2019 05:10 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2019 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 1 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 Cindy R Thebert, a notary public in the State of Minnesota, in the manner prescribed by the laws of the State of Mirmeseta and conforms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature, this 3 day of September, 2019. Jill. own, Esq. rney at Law, ID# 278117 State of Minnesota 5 of 11 INDEX #: Index NO.000407-2019 000407-2019 FILED: LIVINGSTON COUNTY CLERK 12/04/2019 05:10 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2019 BILL OF SALE _____ ___-____________________----------.._... ..-...-------- FOR VALUE RECEIVED, and pursuant to the terms and conditions of the Account Purchase Agreement ("Account Purchase Agreerñent") WebBank ("Bank"), Dell Revolver Company LP. among ("Revolver"), and Dell Financial Services LLC. ("DFS"), dated January 7,201I, Bank does hereby sell,assign and convey to DFS as Designee for Revolver, itssuccessors and assigns, as ofthe charge off datethereof,title and interest of Bank in and to those certain accounts described in Schedule 1 attached hereto and made a part hereof for all purposes. Terms used herein shallhave the meaning set forthin theAccount Purchase Agreement. This BILL OF SALE isexecuted without recourse and without representation of any of warranty collectabilityor otherwise, expressed or implied, except as may be specifically provided in theFiupmu Documents. Dated this/7 day of December, 2016. WEBBANK Name: _ Kelly Bamett Title: President WebBank FCO BillofSale FY17 FFDS Month 11 6 of 11 Index NO. INDEX #: 000407-2019 000407-2019 FILED: LIVINGSTON COUNTY CLERK 12/04/2019 05:10 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2019 Schedule 1 Bill of Saledated DecemberÜ, 2016 Accounts specifically identified in the following file:FreshCO FF Dec2016 sales WebBank.xisx is saved and encrypted on Hyperoffice at the following path: WebBank / DFS / Asset Transfer / Dec (2016) FY17 FFDS Month 11 WebBank FCO Billof Sale FY17 FFDS Month 11 7 of 11 Index INDEX #: NO. 000407-2019 000407-2019 FILED: LIVINGSTON COUNTY CLERK 12/04/2019 05:10 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2019 BILL OF SALE FOR VALUE RECEIVED, and pursuant to the terms and conditions of the Master Account Purchase Agreement between Dell Fiñmcial Services LLC. ("Seller") and Midland LLC Funding ("Purchaser"), dated as of 02/11/2016 ("Effective Date"), and incorporated herein by reference, Seller does hereby sell, assign, transfer, deliver and convey to Purchaser, and its successors and assigns all rights, titleand interests of Seller in and to those certain Purchased Accounts described in Exhibit A -1 attached hereto and made a part hereof for allpurposes. For purposes of this Bill ofSale the File Creation Date shall be 12/07/2016. Unless otherwise defined herein, all capitalized terms appearing in this Bill of Sale shall have the meanings defined for such terms in the Agreement. To the best of Seller's knowledge and belief, all of the information contained in the Purchased Accounts File, and Seller's Purchased Accounts Information, is and shall be true, complete, accurate and not misleading in any material respect Further, all of the information contained in SeHer's Purchased Accoüñts Information (a) constitutes Seller's own business records regarding the Purchased Accounts; and (b) accurately reflects in allmatedal respects the information about the Purchased Accounts in Seller's possession. All of Seller's Purchased Accounts Information has been kept in the regular course of Seller's business, and was made or compiled at or near the time of the event and recorded by (or from information trammitted by) a person (i) with knowledge of the data eñtered into and maintained in Seller's business records, or (ii)who caused the data to be entered into and maintained in Seller's business records. Itis the regular practice of Seller's business to maintain and compile such data. FY17 FFDS FCO Bill of Sale Month 11 8 of 11 Index INDEX #: NO. 000407-2019 000407-2019 FILED: LIVINGSTON COUNTY CLERK 12/04/2019 05:10 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2019 EXHIBlT A-1 .BILL OF SALE The Purchased Accounts are the Charged-Off Accounts that are included in the file named FY17 FFDS FCO Month 11.xls dated 12/07/2016 and incorporated herein by reference, which is defined in the Agreement as the Purchased Accounts File. FY17 FFDS FCO Bill of Sale Month 11 9 of 11 Index NO. INDEX #: 000407-2019 000407-2019 FILED: LIVINGSTON COUNTY CLERK 12/04/2019 05:10 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2019 This BILL OF SALE is executed without recourse and without any representation or any warranty of collectability or otherwise, expressed or implied, except as previded in the Account Purchase Agreement. 21S EXECUTED this day of December, 2016 SELLER: PURCHASER: DELL FINANCIAL SERVICES L.kC MIDLAND FUNDENG LLC Pdnt Pdnt Name:'445 O Name: Stephen Sippel Pdnt Pñnt Title: Vice President, Risk Operations Title: FYi'7 FFDS FCO BiH of Sale Month 11 10 of 11 Index NO. INDEX #: 000407-2019 000407-2019 FILED: LIVINGSTON COUNTY CLERK 12/04/2019 05:10 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2019 CLOSING STATEMENT EFFECTIVE DATE: 02/11/2016 SELLER: Dell Financial Services L.L.C. PURCHASER: Midland Funding, LLC NUMBER OF ACCOUNTS: TOTAL UNPAID BALANCE: PURCHASE PERCENTAGE: PURCHASE PRICE: FILE CREATION DATE: 12/07/2016 PURCHASED ACCOUNTS: As included in the Purchased Accounts File FILE NAME: FYl 7 FF DS FCO Month 11.xls CLOSING DATE: 12/21/2016 WIRING INSTRUCTIONS: Account: Account title: Account type: Wire ABA R1 ACH ABA: Bank Address FY l 6 FFDS FCO Closing Statement.Month 11 11 of 11