Preview
FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020
AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY CITIBANK, N.A.
(Debt Buyer Actions)
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
Account Holder: SIMONE Y HENDERSON Account #: ending in 2537
SSN/EIN/TIN #: xxx-xx-3100
The undersigned, being duly swom, deposes and says:
1. I am an employee of Citibank, N A. ("Citibank"), an Original Creditor as defined in
Section 202.27-a of the New York Uniform Civil Rules for The Supreme Court and The
County Court, and I have personal knowledge of and access to Citibank's books and records
("Business Records"), including electronic records, relating to a pool of charged-off consumer
credit accounts sold or assigned by Citibank to Cavalry SPV I,LLC ("Debt Buyer"), on
08/23/2019 (the "Sale"), which included the account 2537 ("Account") of the consumer
SIMONE Y HENDERSON ("Consumer") identified in the exhibits attached hereto and
incorporated herein. As part of the Sale, Citibank assigned allof its interest in the Account,
including the right to any proceeds from the Accounts, to Debt Buyer, and Citibank transferred
business records relating to the Account to Debt Buyer. A true and correct copy of the billof
sale which pertains to the Account is attached as an exhibit to thisaffidavit.
2. In my position, I also have personal knowledge of Citibank's procedures for creating
and maintaining Citibank's business records pertaining to the Account ("Business Records"),
including Citibank's procedures relating to the sale and assignment of consumer credit
accounts. Citibank's 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 Citibank's
Business Records, I have personal knowledge of the facts set forth in this affidavit.
3. Citibank and Consumer were parties to a credit agreement ("Agreement"), the terms of
which are reflected in the last statement sent to Consumer Citibank prior to charge-
billing by
off, which is attached hereto as an exhibit. Consumer agreed to pay Citibank for all goods,
services and cash advances provided pursuant to the Agreement. The date and the amount of
the last payment, ifany, 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 Citibank. A
by
true and correct copy of the Agreement is attached as an exhibit to this affidavit.
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020
4. At the time of the Sale, Consumer owed the emount set forth in the exhibits attached
hereto and made a part hereof, which exhibits may also show the name of Consumer; the last
four digits of the Account number, the date and amount of the charge-off balance; the date and
amount of the lastpayment, ifany; the total amounts, ifapplicable, of any post-charge-off
interest and post-charge-off fees and charges; any post-charge-off credits or payments made by
or on behalf of Consumer; and the balance due atthe time of the Sale. The above statements
are true and correct to the best of my personal knowledge.
I solemnly affirm under the penalties of perjury and upon personal knowledge that the ecateñis
of the foregoing paper are true.
EXECUTED on , 20 .
Signature
Name
STATE OF MISSOURI )
) as.
COUNTY OF PLATTE )
Subscribed and sworn to before me by AarilPavne this day
of , 20
[SEAL]
CAROLYNE.HUGHGS
Notary Pubbe pu31;c. go
norary a,y 3,,g
stateo1Missouri,Jackson County
Cornm,ssion # 14927304
My commission expires: uy commission Expires 4sn 28.20a2
Personally known OR
Produced identificaÃn
Type of identification produced:
2
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020
CERTIFICATE OF CONFORMITY
1, Frahnaaz, Shoukatali. an attorney-at-law of the State of Missouri who is licensed to
practice law in the State of Missouri and is fully acquainted with the laws of the State of
Missouri pertaining to the acknowledgement 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
acknowledgement or proof upon the foregoing document was taken by C_plolyn E. Buebes. a
notary public in the State of Missouri, in the manner prescribed by the laws of the State o
Missouri and conforms to the laws thereof in all respects.
IN WITNESS WHEREOF, I have hereunto set my signature, this _ L icy of
September, 2019
Missourr diir # 68388
Frahnaaz Shoukatali
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020
Contract ID: CV8MUMAAO21819
Document ID: CV8MUMAAO22119C2
Document1D:08t319CV1MU3FMBE
BILL OESALE AND ASSIGNMENT
THIS BILL OF SALE AND ASSIGNMENT dated August 23, 2019, is by Citibank, NA., a
nationni associatics organized under the laws of the United States, located at 701 East
banking
60*Street North,Sioux Falls,SD57117(the"Bank")toCavalry SPVI,LLC,organizedunderthe
laws of the State of Delaware, with its headquarters/principal place of business at 500 Summit
Lake Drive, Suite 400, Valhalla, NY 10595("Buyer").
For value received and subject to the terms and conditions of the Master Purchase and Sale
Agreement dated February 18, 2019 and Addendum No. 2 dated February 21, 2019, between
Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell,assign, convey, grant,
bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts
described in Exhibit 1 to the Addendum and the final electronic file.
Citibank, N.A.
By
Name:
asy d
(Signature)
Title: Authorized Party
Cavaky U21819
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FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020
Contract ID: CV8MUMAA021819
Document ID•
CV8MUMAAO22119C2
Document ID:081319CVIMU3FMAl
Exh1%it 1
The individual Acccents transferred are described in the flinalelectronic fileand delivered
by the Bank to Buyer, the same deemed attached hereto by this reference.
# of
Lot Sale ID Accounts Sate Balance Cut-Off Date
Brands 081319CV1MU3FM 08/13/2019
Fresh Flow
Cavaky C21819
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FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020
SIMONE Y HENDERSON www.eitteards.com
Member Since 2017 AccoJnt number ending in; 2537 Customer Service 1-B00-THANKYOU0-800-842-6596)
B8ilogPeriod:05/23/19-06/24/19 T TY-nearingimpa redservices F877 693·0218
only
BOX 6500 5100X FALLS, SD 57N
STATEMENT Account Summary
JUNE
due: Previous balance $4,980.83
Minlraum payment $4,99t93
New balance as of 06/24/19: $4,99t93 Payments $6t0
Payment due credits 50.00
date: 07/20/19
See the le.st pace of this statement
forimportant information
abouthow to Purchases +$0.00
avoidpaying htereston purchases, Cash advances +S0.00
Fees +S0.00
Late Payment Warningetiwe do not receiveyour minimum payment interest +$72.10
by the
date listedabove,you may haveto pay a latefee of up to
$39 and yourAPRs New balance $4,991.93
inay be Increasedup tothe PenaltyAPR of 29,994
Payment Warning:11you make the m'nimum payment each Credit Limit
only
period,you willpay more In interest
and it will
takeycu longerto pay offyour Credit Hmit S4,400
balance,For example: includes$1,400 caeadveram.t
if youmake no additional You the
wtil pay off And you will
and up
charges osingthiscard balance shown on this payingan estimated
and each month yoti pay- statement in about- totalof...
Only the minimum payment 1 month(s) $4,992
For in formation
about credit
counseling serviccall 1 877 337 8tSBNew York
residents
may contact the New York Stat e BanDepartmentto obtain a comparative
of
isting y call ng 1 877 226 5697.
credil card rates, fees and grace geriods
Pay your anifrom anywhers
virtually M!nhm payment due $4,991.93
with theCittMoblhP App and Cit?" Onilne
- New balance $4,991.93
To download:
Text 'Appt55 to Myciti
(692404) Payment due date 07/2O/19
cr go to your device's appstore.
< visit wwwattleards.com
Amount enclosed:
Account number ending in 2537
000000 M 32 A .
SIMONE Y HENDERSON CITA CARDS
1023 HAMPTON DR PO Box 70166
WEST HEMPSTEAD NY 11552•4128 PhiladelphiaPA 19176-0166
15009 0499193 D499193 0006100 2537 1605
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FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020
settleards.com Customer ServicebG00-THANKY04#(1400-8424596)
"TV hear nqweraired serv;cesora LS77-693-0218
sti ONE Y HENDER$oN
Account Summary
Trant Past
e to date Descriptior. Amount
Payments, Creditsand Ad]ustments
05/30 CNUNE PAYMENT.*HA'dK YC0 46*00
Fees charged
Totat feesthwgedin thisbening pected
interest charged
Date 0cgrIpUar Amatnt
06/24 INTEREST CHARGED TO STANDA@
. . .-. ,.
. . ... . ..... .- . PLRCH
... . .... . ....
51552
. ...
C6i TE9EST CHARGE0 70 %RP440/95/te 55658
Total interestcharged In this
bilgagperiod $7110
2019 totals year-to-date
Total fees chargedla 2019 $191.00
Total laterest
charged in2019 $372 93
Interest charge ce!ce!=tion oaysin eng cyde:as
Armuel ercente e Balance ect
Balance type a( ) toInterest ate Interestcharge
PURCHA5ES
5tandard Purch 29.99%iv) 5572A5(D) $45.52
Par Pr tot518 14.24WV) $4,39525 (D) SSESS
5tandard Acv 2939% (yj 50.00{D) SO 00
four AnraalPe-entage Rate (APRhs the annuaintcrest
"ate on your woualAPRSfo owed
ty N) may varymances fctiovred ey p) by ti*e dahy oalace
are determired trdhad
Q0c eding current
trarwad.ons).
Account messages
2018 Citibank,NA.
Citi,Citiwith Arc Design, CitiThankYou, ThankYou and CitiThankYou
Rewards Design are registered servicemarks of Citigroup Enc.
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FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020
SIMONE Y HENDERSON www.eiticards.com
Member $1nce 2017 Account number ending lm 2537 Customer Service 1-800-THANKYOU(t-800-842-6596)
Period:04/23h9-05/22h9
Billing TTY-hearing-impaired services caly1-877-693-0218
BOX 6£00 SIOUX FALLS. SD57117
Your account ispast due. Please pay at
MAY STATEMENT
least theminimum payment due, which
Minimum payment due: $1,543.66
includes a past due amount of$809.86 and
New balance as of O5/22/19: $4,980.83
an overtimit amount of $580.83.
Payment due date: 06/20/19
See thelqst e of this stat
ment forimportantinformationabout how to Account
avo a pay ngn oces on pu ases. Summary
Previous balance $4.877.66
Payments •$0.00
Late Payment Warning:11we do not receiveyour payrrent
trinirr.um by the Credits -$0,00
date tistedabove,you may have to paya latefee of
up to $39 and your APRs Purchases +S0.00
may be increasedup to thePenaltyAPR of 29.99‰ Cash advances +$0.00
M!•:!mem Payment Waming:lf you make theminimum payment each Fees +S39.00
only
period,you wiltpay more in interest
and it will
takeyou longer to payoffyour Interest +$64.17
balance. For exernple:
' gew gggance 4 9g0,g3
if youmake no additional You will
pay offthe And you ydit end up
charges usingthiscard hatanceshown on this ayingan c:15a6
and each month you pay... statement in about... oralof... CTS
Credit limit $4,400
Only theminimum payment 16 year(s) $9,088 includesSl,400cash advance limil
For information
about credd counselic:g service
call t•877·33bS188New
Yo:¾
residents
ma contactthe New York State BankiDepartmentto obtain a comparative
of
$isting cre dcardrates, fees and grace periods
y catung 1·B77-22&5697.
Pay your bill
trom virtuaHyanywhere Minimum payment due $1,543.86
wittitheCittMobile App and CitPOnline
New balance $4,980.83
todownload:
Text *Appt55 to MyCNI(492484) Payment due date 06/20/19
or go to your device's appstero
Or visit www.eitleards.com
Amount enelosed:
000000 MC 32 A O Account number ending in 2537
SIMONE Y HENDERSON CITI CARDS
1023 HAMPTON DR PO Sox 70166
WEST HEMPSTEAD NY 11552-4128 'Philadelphia
PA 19176-0166
1500"I 015 4386 D14"18083 0008l=00 2537 1608
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020
www.citicards.com Customer Service F800•THANKY000-800-842-6596) ea a of 2
TTY•hearing-impaired servicesOnly 1•S77 693·02P
SIMONE Y HENDERSON
Account Summary
Tran Post
cate date Descriptior Amount
... ._.....
...-.-.........- .......-..-.-...-...-...-....-..-....
...............--........-
Fees charged
Date Descrstion Amount
.. .
........ .... ....-
... -...
......
...-... .......-...-.
,...-..-..-- ....-
...
05/22 LATE r EE • APR PAYMENT PA5T CUE $39.00
Totalfees charged hiligng period
In this $39.00
Interest charged
Date Desc6ption Amount
05/22 INTEREST CHARGED TO STANDARD PJR at 512.80
...-... ...--..--....-....
..-....-...-.. -.-................-...-...-..-.-....
05/22 INTEREST CHARGED TO PUR PR-10/15/l8. $SL37
Totallaterestcharged in this
bilimgperiod $64-17
2019 totals year-to-date
Total feescharged to 2019 $191.00
.-... -..-..-....- -..--
...... - -.-..........-...-.-........-........-
Total interestcharged in2019 $300.83
Interest charge calculation oays in bimag eyele:ao
Yª# 853°JAPR)15.tne aeuat sate on your account
aterest
A"""'M*="taS?
Annual percenta14 Balancesubject
Balance t to M es ate n ar
PORCHAS
StandardPurch g 99 (y $51932 (D) $12.80
Par Pr 101518 4 4 (y $4 L9.28(D) $5137
ADVANCES
Standard Adv 29.99% (V · $0.00(D $0,00
Your AnnualPercentageRate (APR) is the annua
,nterest
rate on your account. APRs followed
by (V) may vary. Satances followed
by 0) are determined
by the da y balance method
transactions).
current
(including
Account messages
Please note thatifwe received your pay by phone or online payment between
5 p.m. ET and midnight ET on the lastday of your billingperiod, your payment
willnot be reflected untilyour next statement.
©2018 Citibank, N.A.
Citi,Citiwith Arc Design, CitiThankYou, ThankYou and CitiThankYou
Rewards Design are registered service marks of Citigroup Inc.
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020
ACCOUNT NUMBER 2537
SALESEGMENT
PRODUCT IDENTIFIER CODE
PRODUCADESCRIPTION
SALE'ID 081319CV1MU3FM
SALE AMOUNT $4,919.83
PSINCIPAL
PRE CHARGE OFF INTEREST
PRE CHARGEOFF FEES
POST CHARGE OFF INTEREST
POST CHARGE OFF FEES
ORIGINAL LOAN BALANG
CHARGE OFF BALANCE $4,991.93
GURRENT BALANG
ACCOUNT OPEN DATE
DEFAULT DATE
GjâRGE OFP DATE 24-Jun-19
LAST PAyMENT AM_OUNT $61.00
LAST PAYMENT DATE 30-May-19
LASTPURCHASEAMOUNT
LAST'P,URCHASE DATE 18-Dec-18
LAST BALANCE TRANSIEER AMOUNT
LAST'BALANCE TRANSFER DATE
LAST CASH ADVANG AMOUNT
LAST CASH ADVANG DATE
TO_JALXYMENT5 POST CHARGE OFF
TOTAL.NSF POST CEjARGE_O_FF
TOTAL CSEDITS POST CHARGE OFF
CONSUMER FiftSTAND MIDDIINAME SIMONEŸ
CONSUMER LAST NAME HENDERSON
CONSUMER RESIDENE ADDRESS.1
GONSUMIiS RESIDE_N ADDRESS 2
CONSUNIER_ RESIDENE CITY
CONSUME&SiTATE
CONSUMER ZIP CODE
CONSU)flER RESIDENCE COUNTRY
RESIDENGEPHONE
GONSUMEII SSN ORSt§ 3100
GONSUMIiB.811tfM DATlI
4WAMINESSINDICATOR
IANGUAGEINDIGATOR
ATTGRNEY IAVIIFI
AmRNEY N881E
ATTORMSYPHONE
ATIORNlif40DRESS
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020
ATTOIINEY CRY
ATTORNEY STATE
ATTOIU[EY 2jIP CODE
BANIGlURTCYsGHARTE_R
BANIUtUPTGY FILE DATE
BM PROOF OF CLAIM PRINCIPAL
BK PROOF OF CLAIM INTEREST
BK PROOF OF CIAIM FEE
BANIUtUPTCY CASE NUMBER
B&NKRUgrCY TRUSTEE
CO-BORKO_WJR lilRSTAND MIDDLE NAME
CO-BORROWER.IAST NAME
CO-BORROWER SSN,OR SIN
PRIOR ACCOUNT NUMBER1
PRIOR ACCOUNT NUMBER 2
PRIOR ACCOUNT NUMBER 3
PillOEA-CCOUNT'NUMBER 4
PRIOR ACCOUNUNUMBER 5
1.I!NDING1895L1
IJiMDING LEVEL2
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