Preview
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
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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]
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8574679806 AFFCOTMISC C300383
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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
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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]
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8574679806 AFFCOTMISC C300383
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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
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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
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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
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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
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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
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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
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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
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