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Filing # 115913854 E-Filed 10/30/2020 02:34:25 PM
IN THE COUNTY COURT IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.:
MIDLAND CREDIT MANAGEMENT, INC.
Plaintiff,
vs. COMPLAINT
MONICA SANTIAGO,
Defendant.
/
COMES NOW the Plaintiff, MIDLAND CREDIT MANAGEMENT, INC., by and through its
undersigned counsel, and sues Defendant, MONICA SANTIAGO, and states as follows:
GENERAL ALLEGATIONS
This is an action for damages that are within the jurisdictional limits of this court exclusive of
costs.
Venue of this action is proper in the county named above because the Defendant is a resident of
this county and/or because the Defendant executed the subject agreement in this county.
Plaintiff, MIDLAND CREDIT MANAGEMENT, INC. (hereinafter “Plaintiff’), is a
DELAWARE LIMITED LIABILITY COMPANY, authorized to do business in Florida.
Plaintiff and its predecessors have duly performed all promises and conditions precedent as
required.
This is an attempt to collect a debt and any information obtained herein will be used for that
purpose.
COUNT I~ ACCOUNT XXXXXXXXXXXX6455
ACCOUNT STATED
Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as
follows:
6. This is an action for damages that are within the jurisdictional limits of this court exclusive of
costs.
Upon Defendant’s request, the original creditor, CREDIT ONE BANK, N.A., issued a credit
account in the name of Defendant bearing the account number XXXXXXXXXXXX6455.
Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by
CREDIT ONE BANK, N.A. and as such is entitled to all rights originally bestowed upon the
original creditor. See attached Exhibit “A”.
Although demands have been made by Plaintiff upon Defendant for payment, Defendant has
failed or refused to pay the amount due and owing on the account.
10. Before the institution of this action, Plaintiff’s predecessor in interest and the Defendant had
business transactions between them where the parties agreed upon a resulting balance. Plaintiff
is an assignee and as such obtains all rights of the original creditor to be repaid.
11 There are no unresolved billing disputes made in response to receiving the account statements
and, therefore, there is a prima facie case establishing the correctness of the account balance.
See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4 DCA 2010). Copies of any available
statements are attached hereto and incorporated herein as Composite Exhibit “B”.
12 By submitting payments in response to the monthly statements rendered and delivered by the
original creditor, the Defendant accepted the resulting balance.
13 After adjustment for any credits or payments made after charge-off of the account, Defendant
owes Plaintiff the amount of $2,557.20.
WHEREFORE, as to Count I, Plaintiff respectfully requests this Honorable Court enter Judgment
in its favor against Defendant in the sum of $2,557.20 together with Court costs as described herein and
any other just and further relief as this Honorable Court deems just and proper.
COUNT II- ACCOUNT XXXXXXXXXXXX5708
ACCOUNT STATED
Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as
follows:
14. This is an action for damages that are within the jurisdictional limits of this court exclusive of
costs.
15. Upon Defendant’s request, the original creditor, CAPITAL ONE BANK (USA), N.A., issued a
credit account in the name of Defendant bearing the account number XXXXXXXXXXXX5708.
16. Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by
CAPITAL ONE BANK (USA), N.A. and as such is entitled to all rights originally bestowed
upon the original creditor. See attached Exhibit “C”.
17. Although demands have been made by Plaintiff upon Defendant for payment, Defendant has
failed or refused to pay the amount due and owing on the account.
18. Before the institution of this action, Plaintiff's predecessor in interest and the Defendant had
business transactions between them where the parties agreed upon a resulting balance. Plaintiff
is an assignee and as such obtains all rights of the original creditor to be repaid.
19. There are no unresolved billing disputes made in response to receiving the account statements
and, therefore, there is a prima facie case establishing the correctness of the account balance.
See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4" DCA 2010). Copies of any available
statements are attached hereto and incorporated herein as Composite Exhibit “D”.
20. By submitting payments in response to the monthly statements rendered and delivered by the
original creditor, the Defendant accepted the resulting balance.
21. After adjustment for any credits or payments made after charge-off of the account, Defendant
owes Plaintiff, the amount of $1,743.27.
WHEREFORE, as to Count II, Plaintiff respectfully requests this Honorable Court enter Judgment
in its favor against Defendant in the sum of $1,743.27 together with Court costs as described herein and
any other just and further relief as this Honorable Court deems just and proper.
WHEREFORE in aggregate of the amounts owed in Count I, and Count II of the Complaint,
Plaintiff, respectfully requests this Honorable Court enter Judgment in its favor against Defendant in the
sum of $4,300.47 together with court costs as described herein and any other just and further relief as this
Honorable Court deems just and proper.
Respectfully submitted,
ANDREU, PALMA, LAVIN, & SOLIS, PLLC
‘af Aahlay, L. Wloora
Ashley L. Modfe, Esq. - 125270
887 Donald Ross Road
Juno Beach, FL 33408
Tel. (877)229-5972
Fax. (800)391-2178
Email: eservice@andreupalma.com
2005006247
EXHIBIT A
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
As of June 30, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Credit One Bank, N.A. (“Assignor”) has transferred, has sold, has assigned, has conveyed, has granted
and has otherwise delivered to MHC Receivables, LLC (“Assignee”), all of Assignor’s right, title and interest in and
to (i) the receivables associated with each and every account referenced in the data file named
CreditOne_Encore_072019 (the “Computer File”), a copy of which is attached hereto and incorporated herein by
reference as “Exhibit A”; and, (ii) all claims or rights arising out of or relating to each of those Receivables (hereinafter,
the “Receivables”).
The Receivables transferred under the terms of this Bill of Sale and Assignment of Receivables were each
transferred to Assignee prior to the charge off of the associated accounts, as shown in the Computer File. This Bill of
Sale and Assignment of Receivables evidences the intent between the parties for the transfer of the Receivables, acts
as an acknowledgement of those transfers, and, to the extent necessary, ratification of the transfers,
With respect to information for the Receivables, Assignor represents and warrants to Assignee that the
business records conveyed to Assignee relating to the Receivables (the “Business Records”), are kept by Assignor in
the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized
representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded,
to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event.
Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and
accurate, and thoroughly embody the information in Assignor’s custody and control for the Receivables from their
creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other
representations and warranties the parties may have in place and not supplant any other existing warranties and
representations.
This Bill of Sale and Assignment of Receivables shall serve as evidence of ownership for the Receivables
conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to
transfer the Receivables.
‘ CREDIT ONE BANK, N.A.
y Hi ‘ood
Vice President
EXHIBIT A
ACCOUNT SCHEDULE
The Receivables pursuant to the BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM CREDIT ONE
BANK, N.A. TO MHC RECEIVABLES, LLC that are specifically identified in the electronic file named
CreditOne_Encore_072019 with such electronic file incorporated herein by reference.
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
As of June 30, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Credit One Bank, N.A. (“Assignor”) has transferred, has sold, has assigned, has conveyed, has granted
and has otherwise delivered to MHC Receivables, LLC (“Assignee”), all of Assignor’s right, title and interest in and
to (i) the charged-off credit card accounts identified on an account level basis in the data file named
CreditOne_Encore_072019 (the “Computer File”), a copy of which is attached hereto and incorporated herein by
reference as “Exhibit A”; and, (ii) certain related account level media or electronic copies thereof (including, but not
limited to applications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each
account referenced on the Computer File (collectively hereinafter, the “Accounts”) including, but not limited to, all
claims and rights afforded each Account by virtue of that Account’s corresponding terms and conditions.
The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each
transferred to Assignee immediately following charge off for each applicable Account, as shown in the Computer File.
With respect to information for the Accounts, Assignor represents and warrants to Assignee that the business
records conveyed to Assignee relating to: (i) the Accounts issued by Assignor; and (ii) the sale and assignment of
Accounts by Assignor (collectively, the “Business Records”), are kept by Assignor in the regular course of its business.
It is in the regular course of business of Assignor for an employee or an authorized representative with personal
knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the appropriate
memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents
and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the
information in Assignor’s custody and control for the Accounts from their creation until the time of transfer to
Assignee. These representations and warranties are intended to augment any other representations and warranties the
parties may have in place and not supplant any other existing warranties and representations.
This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for the Accounts
conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to
transfer the Accounts.
Cc DIT ONE BANK, N.A.
ft
Gary Hariood
Vice President
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts pursuant to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK,
N.A. TO MHC RECEIVABLES, LLC that are specifically identified in the electronic file named
CreditOne_Encore_072019 with such electronic file incorporated herein by reference.
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM MHC RECEIVABLES, LLC TO FNBM, LLC
As of July 23, 2019, MHC Receivables, LLC (“Assignor”), for good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, has periodically transferred, has sold, has assigned, has conveyed,
has granted and has otherwise delivered to FNBM, LLC (“Assignee”) all of its rights, title and interest in and to (i)
the receivables identified and specifically referenced for each of the accounts on an account level basis on the data file
titled CreditOne_Encore_672619 attached hereto and incorporated by reference as “Exhibit A” ; and (ii) all claims
or rights arising out of or relating to the account level receivables (hereinafter the “Receivables”).
With respect to information for the Receivables, Assignor represents and warrants to Assignee that the
business records conveyed to Assignee relating to the Receivables (the “Business Records”), are kept by Assignor in
the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized
representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded,
to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event.
Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and
accurate, and thoroughly embody the information in Assignor’s custody and control for the Receivables from their
creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other
representations and warranties the parties may have in place and not supplant any other existing warranties and
representations.
This Bill of Sale and Assignment of Receivables shall serve as an acknowledgment, as ratification, and as evidence
of the intent of the parties to transfer the Released Receivables referenced herein.
MERC Receivables, LLC
Sa’ hae’
Mark Rufail, Authorized Representative
EXHIBIT A
ACCOUNT SCHEDULE,
The Receivables pursuant to the BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM MHC
RECEIVABLES, LLC TO FNBM, LLC that are specifically identified in the electronic file named
CreditOne_Encore_672019, with such electronic file incorporated herein by reference.
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM FNBM, LLC TO SHERMAN ORIGINATOR Tt LLC
On July 23, 2019, FNBM, LLC (“Assignor”), for good and valuable consideration, the receipt of which is
hereby acknowledged, hereby transfers, sells, assigns, conveys, grants and delivers to Sherman Originator IM] LLC
(“Assignee”), all of its rights, title and interest in and to (i) the receivables identified and specifically referenced for
each of the accounts on an account level basis on the data file titled CreditOne_Eneore_072019 attached hereto and
incorporated by reference as “Exhibit A”; and (ii) all claims or rights arising out of or relating to the receivables
(hereinafter the “Receivables”).
With respect to information for the Receivables, Assignor represents and warrants to Assignee that the
business records relating to the Receivables (the “Business Records”) are kept by Assignor in the regular course of its
business. It is in the regular course of business of Assignor for an employee or an authorized representative with
personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the
appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents
and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the
information in Assignor’s custody and control for the Receivables from Assignor’s receipt of those Receivables until
the time of transfer to Assignee. These representations and warranties are intended to augment any other
representations and warranties the parties may have in place and not supplant any other existing warranties and
representations,
This Bill of Sale and Assignment of Receivables shail serve as evidence of ownership for any of the
Receivables conveyed hereby.
FNBM, LLC
Jon Mi li, Author Representative
EXHIBIT A
ACCOUNT SCHEDULE
The Receivables pursuant to the BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM FNBM, LLC
TO SHERMAN ORIGINATOR II, LLC that are specifically identified in the electronic file named
CreditOne_Encore_¢72619, with such electronic file incorporated herein by reference.
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM MHC RECEIVABLES, LLC TO SHERMAN ORIGINATOR DI LLC
On July 23, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, MHC Receivables, LLC (“‘Assignor”), hereby transfers, sells, assigns, conveys, grants and otherwise
delivers to Sherman Originator II LLC (“Assignee”), all of Assignor’s, rights title and interest in and to (i) the
charged-off accounts identified on an account level basis in the data file named CreditOne_Encore_072019 (the
“Computer File”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”; and, (ii)
certain related account level media or electronic copies thereof (including, but not limited to applications, statements,
terms and condition), and (iii) all claims or rights arising out of or relating to each referenced account (collectively
hereinafter the “Accounts”) including, but not limited to, all claims and rights afforded each account by virtue of that
account’s corresponding terms and conditions.
With respect to information for the Accounts described in the related Computer File, Assignor represents and
warrants to Assignee that the business records relating to: (i) the Accounts owned by Assignor; and (ii) the sale and
assignment of Accounts by Assignor (collectively, the “Business Records”), are kept by Assignor in the regular course
of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with
personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the
appropriate memorandum or recording at or reasonably near the time of the Event, Furthermore, Assignor represents
and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the
information in Assignor’s custody and control for the Accounts listed in the Computer File from Assignor’s receipt
of those Accounts until the time of transfer to Assignee. These representations and warranties are intended to augment
any other representations and warranties the parties may have in place and not supplant any other existing warranties
and representations.
This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for any of the Accounts
conveyed hereby.
MBC Receivables, LLC
Mark Rufail, Authorized Representative
EXHIBIT A
ACCOUNT SCHEDULE,
The Accounts pursuant to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM MHC
RECEIVABLES, LLC TO SHERMAN ORIGINATOR III, LLC that are specifically identified in the electronic file
named CreditOne_Encore_072019, with such electronic file incorporated herein by reference.
ILL OF SALE AND ASSIGNMENT OF ACCOUNTS AND RECEIVABLES
MSH QRIGINA HI LLCTe AND CREDIT] ANAGEMEN’
Sherman Originator II LLC (“Seller”), the owner of certain accounts and associated receivables (hereinafter referred
to collectively as “Purchased Accounts”), for value received and in accordance with the terms of the Purchase and
Sale Agreement, by and between Seller and Midland Credit Management, Inc. (“Buyer”), dated as of January 21,
2019 (“Agreement”), does hereby sell, assign and transfer to Buyer, its successors and assigns, all right, title and
interest in and to the Purchased Accounts as described on the computer file named
20190723_ChgOff_Final_Sale_Excel_CreditOne_Encore_Jull9_601587_656376-1_append data (the
“Computer File”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”,
This Bill of Sale and Assignment of Accounts and Receivables is subject to the terms of the Agreement and
is made without representations and warranties of any kind or character except as expressly stated in the Agreement,
or as expressly stated below.
With respect to information for the Purchased Accounts described in the related Computer File, to the best
of Seller's knowledge, Seller represents and warrants to Buyer that such information (i) is materially complete and
accurate; (ii) constitutes Seller’s own business records that pertain to the Purchased Accounts and accurately reflects
in all material respects the information in Seller’s database; (iii) was kept in the regular course of Seller’s business;
(iv) was made, entered or compiled in the regular course of business; (v) was recorded at or near the time the
underlying activity occurred, by a person with knowledge of the data recorded; (vi) has been accurately maintained in
Seller’s database since it was recorded there; and (vii) it is the regular practice of Seller's business to maintain and
compile such data.
This Bill of Sale and Assignment of Accounts and Receivables may be entered as evidence of ownership for
any of the Purchased Accounts conveyed hereby.
Closing date: July 25, 2019
SHERMAN ORIGINATOR Il LLC
B | ul
Name: [| Gow Midketeei
Title: Uy Vv. P- SS
MIDLAND ckeprt MANAGEMENT, INC,
Byy<
“Name: Sare- Cogqrare
Title: Ae
+
EXHIBIT A
ACCOUNT SCHEDULE
The Purchased Accounts pursuant to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS AND
RECEIVABLES FROM SHERMAN ORIGINATOR III LLC TO MIDLAND CREDIT MANAGEMENT, INC. that
are specifically identified in the electronic file named
20190723_ChgOff_Final_Sale_Excel_CreditOne_Encore_Jul19_601587_656376-1_append data with such
electronic file incorporated herein by reference.
STATE OF FLORIDA
MIDLAND CREDIT MANAGEMENT, INC.,
Plaintiff
-vs- AFFIDAVIT OF NANCY PETERSON
Monica Santiago,
Defendant(s).
Nancy Peterson, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN
56303, certifies and says:
1 Tam employed as a Legal Specialist by MIDLAND CREDIT MANAGEMENT, INC.
("Plaintiff"). I am a competent person over eighteen years of age, and J am authorized to
make this affidavit on Plaintiff's behalf. In this affidavit, | make my statements about this
account based upon my personal review and knowledge of those account records maintained by
Plaintiff and that are pertinent to those statements (“Pertinent Records”).
2 Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was
assigned all the rights, title and interest to Monica Santiago's CREDIT ONE BANK, N.A.
account XXXXXXXXXXXX6455 (hereinafter "the account").
3 As a result of Plaintiff’s purchase or assignment of the account, Plaintiff acquired certain
account records from the seller and incorporated those records into Plaintiff’s own permanent
business records. Those acquired and incorporated records are kept in Plaintiff's regular
course of business.
4 The acquired and incorporated records are treated as trustworthy and accurate, and are
relied upon by Plaintiff in servicing this account because the original creditor was required
to keep careful records of the account at issue in this case as required by law and/or suffer
business loss.
5 Ihave access to and have reviewed the Pertinent Records (including pertinent electronic
records) concerning the account maintained by Plaintiff. 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.
6 The complete chain of title including CREDIT ONE BANK, N.A., the original creditor,
and all post charge-off purchasers/assignees of the debt are as follows:
1. CREDIT ONE BANK, N.A. 2019-06-11
2. MHC Receivables, LLC 2019-07-23
AFFIDAVIT OF NANCY PETERSON - 1
302053915 AFFCOT 2005006247
3. Sherman Originator III LLC 2019-07-25
4. Midland Credit Management, Inc.
I certify under penalty of perjury that the foregoing statements are true and correct.
SEP 04 2020
iar
Nomoy-
Date
Nancy Peterson
FL109
AFFIDAVIT OF NANCY PETERSON - 2
302053915 AFFCOT 2005006247
Field Field Data
Account Number E455
Seller Account ID M7686
First Name Monica
Last Name Santiago
SSN
Date of Birth a
Address 1 1519 Diamond Loop Dr
City Kindred
State FL
Zip 34744
Open Date 05/05/2014
Last Purchase Date 10/30/2018
Last Purchase Amount $5.00
Last Payment Date 10/19/2018
Last Payment Amount $99.00
Sale Amount $2,557.20
Charge Off Date 06/11/2019
Charge off Balance $2,557.20
Post Charge Off Interest $0.00
Post Charge off Fee $0.00
Post Charge off Payments $0.00
Post Charge off Payments and Credits $0.00
Post Charge off Credits $0.00
Alternate Account #1 EG. 455
Account information provided by Sherman Originator Ill LLC pursuant to the Bill of Sale/Assignment
of Accounts transferred on or about 07/25/2019 in connection with the sale of accounts from
Sherman Originator Ill LLC to Midland Credit Management, Inc.
20190723_ChgOff_Final_Sale_Excel_CreditOne_Encore_Jul19_601587_656376-1_append data
EXHIBIT B
CREDIT ONE BANK CREDIT CARD STATEMENT
‘Account Number! 6455
May 11, 2019 to June 10, 2019
‘SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION
Previous Balance $2,467.98 ‘New Balance $2,587.20
Payments $0.00 Past Due Amount $779.00
Other Credits $0.00 ‘Amount Due This Period $1,813.20
Purchases $0.00 ‘Minimum Payment Due $2,557.20
Cash Advances $0.00 Payment Due Date 07/06/19
Fees Charged $41.25 Late Payment Waring:
Interest Charged $47.97 ‘we do not recaive your minimum payment by the date listed above,
‘New Balance $2,857.20 you may have to pay a late fee up to
Credit Limit $1,900.00 ‘Minimum Payment Waming:
Available Credit ‘fyou make only the minimum payment each period, you will pay more
‘Statement Closing Date ossort3 in interest and it will take you longer to pay off your balance.
Days in Billing Cycle at For example:
‘f you makeno ‘You will pay off the ‘And you will
‘QUESTIONS? es balance shown on ‘end up paying
Call Customer Service or Report using this card and the statement in ‘an estimated
a Lost or Stolen Credit Card 1-877-825-3242 ‘each month you pay.. total of.
Outside the U.S. Call 1-702-405-2042 ‘Only the minimurn
Please send billing inquiries and correspondence to: peyment 11 months $2,557.00
P.O. Box 98873, Las Vegas, NV 89193-8873
If you would ike a location for credit counseling services,
call 1-866-615-5720.
TRANSACTIONS:
Reference Number ‘Trans Date Post Date Description of Transaction or Credit Amount
Fees
F57270051000CYLAC. 06/10 o6/t0 ANNUAL FEE 07/19 THROUGH 07/19 6.25
06/10 06/10 LATE FEE 35.00
TOTAL FEES FOR THIS PERIOD 41.25
Interest Charged
06/10 oto Interest Charge on Purchases 4797
06/10 06/10 Interest Charge on Cash Advances 0.00
‘TOTAL INTEREST FOR THIS PERIOD 47.97
2019 Totals Year-to-Date
Total fees charged in 2019 $247.50
Total interest changed in 2019 $232.05
YOUR ACCOUNT IS SCHEDULED TO BE CHARGED OFF.
‘THE BALANCE WILL BE DUE IN FULL. CALL (888)
729-6274.
Your account is currently closed.
INTEREST CHARGE CALCULATION
‘Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Balance Subject to
Type of Balance Annual Percentage Rate (APR) Interost Rato Interest Charge
Purchases 26.15%(v) $2,201.44 $47.97
Cash Advances 26.15%v) 00 $0.00
(v) = Variable Rate
5305 BH oor 7 10 sp0810 0 CXPAGE 1 oft 20 srr 9620 M142 O1GRSS85
Peace calun Bis portion wih your payment, and wre your account number on your check, made payable lo CREDIT
ONE BANK.
ei PAY YOUR BILL ONLINE at CreditOneBank.com
Credi tOwe ‘Account Number:
New Balanos: $2,857.20
Minimum Payment Due: $2,657.20
For address, telephone and email changes, Payment Due Date: 07/06/19
please complete the reverse sido,
‘Or, update your contact information online
‘at www. CreditOnefank com. AMOUNT ENCLOSED: sd)
UD ATE Dated aval Males eed ETE a
‘CREDIT ONE BANK MONICA SANTIAGO
PO BOX 60500 1519 DIAMOND LOOP DR
CITY OF INDUSTRY CA 91716-0500 KINDRED FL 34744-6071
Eilliseeetl tins eld Hal Aaltoadead
CREDIT ONE BANK CREDIT CARD STATEMENT.
‘Account Number! 6455
October 14, 2018 to November10, 2018
‘SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION
Previous Balance
Payments
Other Credits
$1,963.49
$99.00
$0.00
‘New Balance
Past Due Amount
‘Amount Due This Period
og $99.00
Purchases $53.21 ‘Minimum Payment Due $99.00
Cash Advances $0.00 Payment Due Date 4208/18
Fees Charged $6.25 Late Payment Waring:
Interest Charged $40.94 ‘fwe do not receive your minimum payment by the date listed above,
‘New Balance $1,964.89 you may have to pay a late fee up to
Credit Limit $1,900.00 ‘Minimum Payment Waming:
Available Credit ‘if you make only the minimum payment each period, you will pay more
‘Statement Closing Date snore In interest and it wil take you longer to pay off your balance.
Days in Billing Cycle at For example:
if you makeno ‘You wil pay off the ‘And you will
‘QUESTIONS? es balance shown on ‘end up paying
Call Customer Service or Report using this card and the statement in ‘an estimated
a Lost or Stolen Credit Card 1-877-825-3242 ‘each month you pay.. total of.
Outside the U.S. Call 1-702-405-2042 ‘Only the minimurn
Please send billing inquiries and correspondence to: payment 6 yoors $3217.00
P.O. Box 98873, Las Vegas, NV 89193-8873
$79.00 ‘Syears
(onde $57.0)
{if you would like @ location for credk counseling services,
call 1-866-516-5720.
TRANSACTIONS:
Reference Number ‘Trans Date_Post Date Description of Transaction
or Credit Amount
7407 193MLOOXTMIRN 7079 09 PAYMENT - MOBILE APP LAS VEGAS NV "39.00
2444500MSOOTA9XTR: 10124 10124 WALGREENS #6486 KISSIMMEE. FL. 16.10
2460794MV2MBHLVW3 10/25 10125 EL AREPAZOO KISSIMMEE FL. 8.05,
2423168NORBGHFTFH 10/30 40730 FAMILY DOLLAR #9072 KISSIMMEE FL 5.38
2869216NO2XTBVZFS 10/30 10/30 SPANISH ROTISSERIE INC 407-344-4100 FL 5.00
11/10 11/10 CREDIT PROTECT 1 866 803 1745, 18.68
Foes
F572700N9000CYLAC. 110 110 ANNUAL FEE 12/18 THROUGH 12/18 6.25
‘TOTAL FEES FOR THIS PERIOD 6.25
Interest Charged
14/10 11110 Interest Charge on Purchases 40.94
110 11/10 interest Charge on Cash Advances 0.00
TOTAL INTEREST FOR THIS PERIOD 40.94
2018 Totals Year-to-Date
Total fees charged in 2018 $68.75
Total interest charged in 2018 $380.94
INTEREST CHARGE CALCULATION
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Balance Subject to
‘Type of Balance ‘Annual Percentage Rate (APR) Interest Interest Charge
Purchases 25.90%(v) $1,897.32 $40.94
Cash Advances 25.90%(v) $0.00
(v) = Variable Rate
5305 BH oor 7 0 we1108 0 OPAGE1 oft 20 srr 9620 M142 (01605985
Ptaacoratuen Bis portion wth your payment, and wre your account number on your check, made payable lo CREDIT
ONE BANK.
ern PAY YOUR BILL ONLINE at CreditOneBank.com
CreditOrie ‘Account Number:
New Balanos: $1,964.89
Minimum Payment Due: $99.00
For address, telephone and email changes, Payment Due Date: 12/08/18
‘please complete the reverse sido,
‘Or, update your contact information online
‘at www. CreditOnetank com. AMOUNT ENCLOSED: $s +
selthebalbaseealelfoatlell ooesbellL Mbe Habel
CREDIT ONE BANK MONICA SANTIAGO
PO BOX 60500 1519 DIAMOND LOOP DR
CITY OF INDUSTRY CA 91716-0500 KINDRED FL 34744-6071
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EXHIBIT C
Forward Flow Receivable Sale Agreement dated November 15, 2018
BILL OF SALE
Closing Date: July 30, 2019
Capital One B: (USA), National Association (“Seller”), in consideration of a Purchase
Price of aes 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.BFRLLE20190723_BN0076_customer.dat
OMEGA.BN0076.SALES.PROD-EAST.BFRLLE20190723_BN0076_main.dat
OMEGA.BN0076.SALES.PROD-EAST.BFRLLE20190723_BN0076_phone.dat”
(which may be in electronic form) to Midland Credit Management, Inc., as successor in interest
to, Midland Funding LLC (“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
defined below)
This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale
Agreement, dated as of November 15, 2018, 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 Cutoff Date for the Sale File was July 25, 2019. The aggregate Unpaid Balance of the
Accounts as of the Cutoff Date was|
QO
CAPITAL ONE BANK (USA),
NATIONAL A SOCIATION
Lane
dent
Si
Ties asa
STATE OF FLORIDA
MIDLAND CREDIT MANAGEMENT, INC.,
Plaintiff
-VS- AFFIDAVIT OF NANCY PETERSON
MONICA SANTIAGO,
Defendant(s).
Nancy Peterson, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN
56303, certifies and says:
1 lam employed as a Legal Specialist by MIDLAND CREDIT MANAGEMENT, INC.
("Plaintiff"). I am a competent person over eighteen years of age, and I am authorized to
make this affidavit on Plaintiff's behalf. In this affidavit, I make my statements about this
account based upon my personal review and knowledge of those account records maintained by
Plaintiff and that are pertinent to those statements (“Pertinent Records”).
2. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was
assigned all the rights, title and interest to MONICA SANTIAGO's CAPITAL ONE BANK
(USA), N.A. account XXXXXXXXXXXX5708 (hereinafter "the account").
3 As a result of Plaintiff’s purchase or assignment of the account, Plaintiff acquired certain
account records from the seller and incorporated those records into Plaintiffs own permanent
business records. Those acquired and incorporated records are kept in Plaintiff's regular
course of business.
4 The acquired and incorporated records are treated as trustworthy and accurate, and are
relied upon by Plaintiff in servicing this account because the original creditor was required
to keep careful records of the account at issue in this case as required by law and/or suffer
business loss.
5 Thave access to and have reviewed the Pertinent Records (including pertinent electronic
records) concerning the account maintained by Plaintiff. 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.
6 The complete chain of title including CAPITAL ONE BANK (USA), N.A., the original
creditor, and all post charge-off purchasers/assignees of the debt are as follows:
1. CAPITAL ONE BANK (USA), N.A. 2019-07-30
2. Midland Credit Management, Inc.
AFFIDAVIT OF NANCY PETERSON - 1
302113489 AFFCOT 2005006254
I certify under penalty of perjury that the foregoing statements are true and correct.
SEP 04 2020
Seer
Date
FL109
AFFIDAVIT OF NANCY PETERSON - 2
302113489 AFFCOT 2005006254
Field Field Data
Account Number ES 708
Seller Account ID HE 3338
First Name MONICA
Last Name SANTIAGO
SSN
Date of Birth a
Address 1
Preview
Filing # 115913854 E-Filed 10/30/2020 02:34:25 PM IN THE COUNTY COURT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: MIDLAND CREDIT MANAGEMENT, INC. Plaintiff, vs. COMPLAINT MONICA SANTIAGO, Defendant. / COMES NOW the Plaintiff, MIDLAND CREDIT MANAGEMENT, INC., by and through its undersigned counsel, and sues Defendant, MONICA SANTIAGO, and states as follows: GENERAL ALLEGATIONS This is an action for damages that are within the jurisdictional limits of this court exclusive of costs. Venue of this action is proper in the county named above because the Defendant is a resident of this county and/or because the Defendant executed the subject agreement in this county. Plaintiff, MIDLAND CREDIT MANAGEMENT, INC. (hereinafter “Plaintiff’), is a DELAWARE LIMITED LIABILITY COMPANY, authorized to do business in Florida. Plaintiff and its predecessors have duly performed all promises and conditions precedent as required. This is an attempt to collect a debt and any information obtained herein will be used for that purpose. COUNT I~ ACCOUNT XXXXXXXXXXXX6455 ACCOUNT STATED Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as follows: 6. This is an action for damages that are within the jurisdictional limits of this court exclusive of costs. Upon Defendant’s request, the original creditor, CREDIT ONE BANK, N.A., issued a credit account in the name of Defendant bearing the account number XXXXXXXXXXXX6455. Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by CREDIT ONE BANK, N.A. and as such is entitled to all rights originally bestowed upon the original creditor. See attached Exhibit “A”. Although demands have been made by Plaintiff upon Defendant for payment, Defendant has failed or refused to pay the amount due and owing on the account. 10. Before the institution of this action, Plaintiff’s predecessor in interest and the Defendant had business transactions between them where the parties agreed upon a resulting balance. Plaintiff is an assignee and as such obtains all rights of the original creditor to be repaid. 11 There are no unresolved billing disputes made in response to receiving the account statements and, therefore, there is a prima facie case establishing the correctness of the account balance. See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4 DCA 2010). Copies of any available statements are attached hereto and incorporated herein as Composite Exhibit “B”. 12 By submitting payments in response to the monthly statements rendered and delivered by the original creditor, the Defendant accepted the resulting balance. 13 After adjustment for any credits or payments made after charge-off of the account, Defendant owes Plaintiff the amount of $2,557.20. WHEREFORE, as to Count I, Plaintiff respectfully requests this Honorable Court enter Judgment in its favor against Defendant in the sum of $2,557.20 together with Court costs as described herein and any other just and further relief as this Honorable Court deems just and proper. COUNT II- ACCOUNT XXXXXXXXXXXX5708 ACCOUNT STATED Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as follows: 14. This is an action for damages that are within the jurisdictional limits of this court exclusive of costs. 15. Upon Defendant’s request, the original creditor, CAPITAL ONE BANK (USA), N.A., issued a credit account in the name of Defendant bearing the account number XXXXXXXXXXXX5708. 16. Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by CAPITAL ONE BANK (USA), N.A. and as such is entitled to all rights originally bestowed upon the original creditor. See attached Exhibit “C”. 17. Although demands have been made by Plaintiff upon Defendant for payment, Defendant has failed or refused to pay the amount due and owing on the account. 18. Before the institution of this action, Plaintiff's predecessor in interest and the Defendant had business transactions between them where the parties agreed upon a resulting balance. Plaintiff is an assignee and as such obtains all rights of the original creditor to be repaid. 19. There are no unresolved billing disputes made in response to receiving the account statements and, therefore, there is a prima facie case establishing the correctness of the account balance. See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4" DCA 2010). Copies of any available statements are attached hereto and incorporated herein as Composite Exhibit “D”. 20. By submitting payments in response to the monthly statements rendered and delivered by the original creditor, the Defendant accepted the resulting balance. 21. After adjustment for any credits or payments made after charge-off of the account, Defendant owes Plaintiff, the amount of $1,743.27. WHEREFORE, as to Count II, Plaintiff respectfully requests this Honorable Court enter Judgment in its favor against Defendant in the sum of $1,743.27 together with Court costs as described herein and any other just and further relief as this Honorable Court deems just and proper. WHEREFORE in aggregate of the amounts owed in Count I, and Count II of the Complaint, Plaintiff, respectfully requests this Honorable Court enter Judgment in its favor against Defendant in the sum of $4,300.47 together with court costs as described herein and any other just and further relief as this Honorable Court deems just and proper. Respectfully submitted, ANDREU, PALMA, LAVIN, & SOLIS, PLLC ‘af Aahlay, L. Wloora Ashley L. Modfe, Esq. - 125270 887 Donald Ross Road Juno Beach, FL 33408 Tel. (877)229-5972 Fax. (800)391-2178 Email: eservice@andreupalma.com 2005006247 EXHIBIT A BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As of June 30, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Credit One Bank, N.A. (“Assignor”) has transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to MHC Receivables, LLC (“Assignee”), all of Assignor’s right, title and interest in and to (i) the receivables associated with each and every account referenced in the data file named CreditOne_Encore_072019 (the “Computer File”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”; and, (ii) all claims or rights arising out of or relating to each of those Receivables (hereinafter, the “Receivables”). The Receivables transferred under the terms of this Bill of Sale and Assignment of Receivables were each transferred to Assignee prior to the charge off of the associated accounts, as shown in the Computer File. This Bill of Sale and Assignment of Receivables evidences the intent between the parties for the transfer of the Receivables, acts as an acknowledgement of those transfers, and, to the extent necessary, ratification of the transfers, With respect to information for the Receivables, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to the Receivables (the “Business Records”), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor’s custody and control for the Receivables from their creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Receivables shall serve as evidence of ownership for the Receivables conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Receivables. ‘ CREDIT ONE BANK, N.A. y Hi ‘ood Vice President EXHIBIT A ACCOUNT SCHEDULE The Receivables pursuant to the BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC that are specifically identified in the electronic file named CreditOne_Encore_072019 with such electronic file incorporated herein by reference. BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As of June 30, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Credit One Bank, N.A. (“Assignor”) has transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to MHC Receivables, LLC (“Assignee”), all of Assignor’s right, title and interest in and to (i) the charged-off credit card accounts identified on an account level basis in the data file named CreditOne_Encore_072019 (the “Computer File”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”; and, (ii) certain related account level media or electronic copies thereof (including, but not limited to applications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each account referenced on the Computer File (collectively hereinafter, the “Accounts”) including, but not limited to, all claims and rights afforded each Account by virtue of that Account’s corresponding terms and conditions. The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each transferred to Assignee immediately following charge off for each applicable Account, as shown in the Computer File. With respect to information for the Accounts, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to: (i) the Accounts issued by Assignor; and (ii) the sale and assignment of Accounts by Assignor (collectively, the “Business Records”), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor’s custody and control for the Accounts from their creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for the Accounts conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Accounts. Cc DIT ONE BANK, N.A. ft Gary Hariood Vice President EXHIBIT A ACCOUNT SCHEDULE The Accounts pursuant to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC that are specifically identified in the electronic file named CreditOne_Encore_072019 with such electronic file incorporated herein by reference. BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM MHC RECEIVABLES, LLC TO FNBM, LLC As of July 23, 2019, MHC Receivables, LLC (“Assignor”), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has periodically transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to FNBM, LLC (“Assignee”) all of its rights, title and interest in and to (i) the receivables identified and specifically referenced for each of the accounts on an account level basis on the data file titled CreditOne_Encore_672619 attached hereto and incorporated by reference as “Exhibit A” ; and (ii) all claims or rights arising out of or relating to the account level receivables (hereinafter the “Receivables”). With respect to information for the Receivables, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to the Receivables (the “Business Records”), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor’s custody and control for the Receivables from their creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Receivables shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Released Receivables referenced herein. MERC Receivables, LLC Sa’ hae’ Mark Rufail, Authorized Representative EXHIBIT A ACCOUNT SCHEDULE, The Receivables pursuant to the BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM MHC RECEIVABLES, LLC TO FNBM, LLC that are specifically identified in the electronic file named CreditOne_Encore_672019, with such electronic file incorporated herein by reference. BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM FNBM, LLC TO SHERMAN ORIGINATOR Tt LLC On July 23, 2019, FNBM, LLC (“Assignor”), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby transfers, sells, assigns, conveys, grants and delivers to Sherman Originator IM] LLC (“Assignee”), all of its rights, title and interest in and to (i) the receivables identified and specifically referenced for each of the accounts on an account level basis on the data file titled CreditOne_Eneore_072019 attached hereto and incorporated by reference as “Exhibit A”; and (ii) all claims or rights arising out of or relating to the receivables (hereinafter the “Receivables”). With respect to information for the Receivables, Assignor represents and warrants to Assignee that the business records relating to the Receivables (the “Business Records”) are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the information in Assignor’s custody and control for the Receivables from Assignor’s receipt of those Receivables until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations, This Bill of Sale and Assignment of Receivables shail serve as evidence of ownership for any of the Receivables conveyed hereby. FNBM, LLC Jon Mi li, Author Representative EXHIBIT A ACCOUNT SCHEDULE The Receivables pursuant to the BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM FNBM, LLC TO SHERMAN ORIGINATOR II, LLC that are specifically identified in the electronic file named CreditOne_Encore_¢72619, with such electronic file incorporated herein by reference. BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM MHC RECEIVABLES, LLC TO SHERMAN ORIGINATOR DI LLC On July 23, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, MHC Receivables, LLC (“‘Assignor”), hereby transfers, sells, assigns, conveys, grants and otherwise delivers to Sherman Originator II LLC (“Assignee”), all of Assignor’s, rights title and interest in and to (i) the charged-off accounts identified on an account level basis in the data file named CreditOne_Encore_072019 (the “Computer File”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”; and, (ii) certain related account level media or electronic copies thereof (including, but not limited to applications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each referenced account (collectively hereinafter the “Accounts”) including, but not limited to, all claims and rights afforded each account by virtue of that account’s corresponding terms and conditions. With respect to information for the Accounts described in the related Computer File, Assignor represents and warrants to Assignee that the business records relating to: (i) the Accounts owned by Assignor; and (ii) the sale and assignment of Accounts by Assignor (collectively, the “Business Records”), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the appropriate memorandum or recording at or reasonably near the time of the Event, Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the information in Assignor’s custody and control for the Accounts listed in the Computer File from Assignor’s receipt of those Accounts until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for any of the Accounts conveyed hereby. MBC Receivables, LLC Mark Rufail, Authorized Representative EXHIBIT A ACCOUNT SCHEDULE, The Accounts pursuant to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM MHC RECEIVABLES, LLC TO SHERMAN ORIGINATOR III, LLC that are specifically identified in the electronic file named CreditOne_Encore_072019, with such electronic file incorporated herein by reference. ILL OF SALE AND ASSIGNMENT OF ACCOUNTS AND RECEIVABLES MSH QRIGINA HI LLCTe AND CREDIT] ANAGEMEN’ Sherman Originator II LLC (“Seller”), the owner of certain accounts and associated receivables (hereinafter referred to collectively as “Purchased Accounts”), for value received and in accordance with the terms of the Purchase and Sale Agreement, by and between Seller and Midland Credit Management, Inc. (“Buyer”), dated as of January 21, 2019 (“Agreement”), does hereby sell, assign and transfer to Buyer, its successors and assigns, all right, title and interest in and to the Purchased Accounts as described on the computer file named 20190723_ChgOff_Final_Sale_Excel_CreditOne_Encore_Jull9_601587_656376-1_append data (the “Computer File”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”, This Bill of Sale and Assignment of Accounts and Receivables is subject to the terms of the Agreement and is made without representations and warranties of any kind or character except as expressly stated in the Agreement, or as expressly stated below. With respect to information for the Purchased Accounts described in the related Computer File, to the best of Seller's knowledge, Seller represents and warrants to Buyer that such information (i) is materially complete and accurate; (ii) constitutes Seller’s own business records that pertain to the Purchased Accounts and accurately reflects in all material respects the information in Seller’s database; (iii) was kept in the regular course of Seller’s business; (iv) was made, entered or compiled in the regular course of business; (v) was recorded at or near the time the underlying activity occurred, by a person with knowledge of the data recorded; (vi) has been accurately maintained in Seller’s database since it was recorded there; and (vii) it is the regular practice of Seller's business to maintain and compile such data. This Bill of Sale and Assignment of Accounts and Receivables may be entered as evidence of ownership for any of the Purchased Accounts conveyed hereby. Closing date: July 25, 2019 SHERMAN ORIGINATOR Il LLC B | ul Name: [| Gow Midketeei Title: Uy Vv. P- SS MIDLAND ckeprt MANAGEMENT, INC, Byy< “Name: Sare- Cogqrare Title: Ae + EXHIBIT A ACCOUNT SCHEDULE The Purchased Accounts pursuant to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS AND RECEIVABLES FROM SHERMAN ORIGINATOR III LLC TO MIDLAND CREDIT MANAGEMENT, INC. that are specifically identified in the electronic file named 20190723_ChgOff_Final_Sale_Excel_CreditOne_Encore_Jul19_601587_656376-1_append data with such electronic file incorporated herein by reference. STATE OF FLORIDA MIDLAND CREDIT MANAGEMENT, INC., Plaintiff -vs- AFFIDAVIT OF NANCY PETERSON Monica Santiago, Defendant(s). Nancy Peterson, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN 56303, certifies and says: 1 Tam employed as a Legal Specialist by MIDLAND CREDIT MANAGEMENT, INC. ("Plaintiff"). I am a competent person over eighteen years of age, and J am authorized to make this affidavit on Plaintiff's behalf. In this affidavit, | make my statements about this account based upon my personal review and knowledge of those account records maintained by Plaintiff and that are pertinent to those statements (“Pertinent Records”). 2 Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to Monica Santiago's CREDIT ONE BANK, N.A. account XXXXXXXXXXXX6455 (hereinafter "the account"). 3 As a result of Plaintiff’s purchase or assignment of the account, Plaintiff acquired certain account records from the seller and incorporated those records into Plaintiff’s own permanent business records. Those acquired and incorporated records are kept in Plaintiff's regular course of business. 4 The acquired and incorporated records are treated as trustworthy and accurate, and are relied upon by Plaintiff in servicing this account because the original creditor was required to keep careful records of the account at issue in this case as required by law and/or suffer business loss. 5 Ihave access to and have reviewed the Pertinent Records (including pertinent electronic records) concerning the account maintained by Plaintiff. 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. 6 The complete chain of title including CREDIT ONE BANK, N.A., the original creditor, and all post charge-off purchasers/assignees of the debt are as follows: 1. CREDIT ONE BANK, N.A. 2019-06-11 2. MHC Receivables, LLC 2019-07-23 AFFIDAVIT OF NANCY PETERSON - 1 302053915 AFFCOT 2005006247 3. Sherman Originator III LLC 2019-07-25 4. Midland Credit Management, Inc. I certify under penalty of perjury that the foregoing statements are true and correct. SEP 04 2020 iar Nomoy- Date Nancy Peterson FL109 AFFIDAVIT OF NANCY PETERSON - 2 302053915 AFFCOT 2005006247 Field Field Data Account Number E455 Seller Account ID M7686 First Name Monica Last Name Santiago SSN Date of Birth a Address 1 1519 Diamond Loop Dr City Kindred State FL Zip 34744 Open Date 05/05/2014 Last Purchase Date 10/30/2018 Last Purchase Amount $5.00 Last Payment Date 10/19/2018 Last Payment Amount $99.00 Sale Amount $2,557.20 Charge Off Date 06/11/2019 Charge off Balance $2,557.20 Post Charge Off Interest $0.00 Post Charge off Fee $0.00 Post Charge off Payments $0.00 Post Charge off Payments and Credits $0.00 Post Charge off Credits $0.00 Alternate Account #1 EG. 455 Account information provided by Sherman Originator Ill LLC pursuant to the Bill of Sale/Assignment of Accounts transferred on or about 07/25/2019 in connection with the sale of accounts from Sherman Originator Ill LLC to Midland Credit Management, Inc. 20190723_ChgOff_Final_Sale_Excel_CreditOne_Encore_Jul19_601587_656376-1_append data EXHIBIT B CREDIT ONE BANK CREDIT CARD STATEMENT ‘Account Number! 6455 May 11, 2019 to June 10, 2019 ‘SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Balance $2,467.98 ‘New Balance $2,587.20 Payments $0.00 Past Due Amount $779.00 Other Credits $0.00 ‘Amount Due This Period $1,813.20 Purchases $0.00 ‘Minimum Payment Due $2,557.20 Cash Advances $0.00 Payment Due Date 07/06/19 Fees Charged $41.25 Late Payment Waring: Interest Charged $47.97 ‘we do not recaive your minimum payment by the date listed above, ‘New Balance $2,857.20 you may have to pay a late fee up to Credit Limit $1,900.00 ‘Minimum Payment Waming: Available Credit ‘fyou make only the minimum payment each period, you will pay more ‘Statement Closing Date ossort3 in interest and it will take you longer to pay off your balance. Days in Billing Cycle at For example: ‘f you makeno ‘You will pay off the ‘And you will ‘QUESTIONS? es balance shown on ‘end up paying Call Customer Service or Report using this card and the statement in ‘an estimated a Lost or Stolen Credit Card 1-877-825-3242 ‘each month you pay.. total of. Outside the U.S. Call 1-702-405-2042 ‘Only the minimurn Please send billing inquiries and correspondence to: peyment 11 months $2,557.00 P.O. Box 98873, Las Vegas, NV 89193-8873 If you would ike a location for credit counseling services, call 1-866-615-5720. TRANSACTIONS: Reference Number ‘Trans Date Post Date Description of Transaction or Credit Amount Fees F57270051000CYLAC. 06/10 o6/t0 ANNUAL FEE 07/19 THROUGH 07/19 6.25 06/10 06/10 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 41.25 Interest Charged 06/10 oto Interest Charge on Purchases 4797 06/10 06/10 Interest Charge on Cash Advances 0.00 ‘TOTAL INTEREST FOR THIS PERIOD 47.97 2019 Totals Year-to-Date Total fees charged in 2019 $247.50 Total interest changed in 2019 $232.05 YOUR ACCOUNT IS SCHEDULED TO BE CHARGED OFF. ‘THE BALANCE WILL BE DUE IN FULL. CALL (888) 729-6274. Your account is currently closed. INTEREST CHARGE CALCULATION ‘Your Annual Percentage Rate (APR) is the annual interest rate on your account. Balance Subject to Type of Balance Annual Percentage Rate (APR) Interost Rato Interest Charge Purchases 26.15%(v) $2,201.44 $47.97 Cash Advances 26.15%v) 00 $0.00 (v) = Variable Rate 5305 BH oor 7 10 sp0810 0 CXPAGE 1 oft 20 srr 9620 M142 O1GRSS85 Peace calun Bis portion wih your payment, and wre your account number on your check, made payable lo CREDIT ONE BANK. ei PAY YOUR BILL ONLINE at CreditOneBank.com Credi tOwe ‘Account Number: New Balanos: $2,857.20 Minimum Payment Due: $2,657.20 For address, telephone and email changes, Payment Due Date: 07/06/19 please complete the reverse sido, ‘Or, update your contact information online ‘at www. CreditOnefank com. AMOUNT ENCLOSED: sd) UD ATE Dated aval Males eed ETE a ‘CREDIT ONE BANK MONICA SANTIAGO PO BOX 60500 1519 DIAMOND LOOP DR CITY OF INDUSTRY CA 91716-0500 KINDRED FL 34744-6071 Eilliseeetl tins eld Hal Aaltoadead CREDIT ONE BANK CREDIT CARD STATEMENT. ‘Account Number! 6455 October 14, 2018 to November10, 2018 ‘SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Balance Payments Other Credits $1,963.49 $99.00 $0.00 ‘New Balance Past Due Amount ‘Amount Due This Period og $99.00 Purchases $53.21 ‘Minimum Payment Due $99.00 Cash Advances $0.00 Payment Due Date 4208/18 Fees Charged $6.25 Late Payment Waring: Interest Charged $40.94 ‘fwe do not receive your minimum payment by the date listed above, ‘New Balance $1,964.89 you may have to pay a late fee up to Credit Limit $1,900.00 ‘Minimum Payment Waming: Available Credit ‘if you make only the minimum payment each period, you will pay more ‘Statement Closing Date snore In interest and it wil take you longer to pay off your balance. Days in Billing Cycle at For example: if you makeno ‘You wil pay off the ‘And you will ‘QUESTIONS? es balance shown on ‘end up paying Call Customer Service or Report using this card and the statement in ‘an estimated a Lost or Stolen Credit Card 1-877-825-3242 ‘each month you pay.. total of. Outside the U.S. Call 1-702-405-2042 ‘Only the minimurn Please send billing inquiries and correspondence to: payment 6 yoors $3217.00 P.O. Box 98873, Las Vegas, NV 89193-8873 $79.00 ‘Syears (onde $57.0) {if you would like @ location for credk counseling services, call 1-866-516-5720. TRANSACTIONS: Reference Number ‘Trans Date_Post Date Description of Transaction or Credit Amount 7407 193MLOOXTMIRN 7079 09 PAYMENT - MOBILE APP LAS VEGAS NV "39.00 2444500MSOOTA9XTR: 10124 10124 WALGREENS #6486 KISSIMMEE. FL. 16.10 2460794MV2MBHLVW3 10/25 10125 EL AREPAZOO KISSIMMEE FL. 8.05, 2423168NORBGHFTFH 10/30 40730 FAMILY DOLLAR #9072 KISSIMMEE FL 5.38 2869216NO2XTBVZFS 10/30 10/30 SPANISH ROTISSERIE INC 407-344-4100 FL 5.00 11/10 11/10 CREDIT PROTECT 1 866 803 1745, 18.68 Foes F572700N9000CYLAC. 110 110 ANNUAL FEE 12/18 THROUGH 12/18 6.25 ‘TOTAL FEES FOR THIS PERIOD 6.25 Interest Charged 14/10 11110 Interest Charge on Purchases 40.94 110 11/10 interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 40.94 2018 Totals Year-to-Date Total fees charged in 2018 $68.75 Total interest charged in 2018 $380.94 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Balance Subject to ‘Type of Balance ‘Annual Percentage Rate (APR) Interest Interest Charge Purchases 25.90%(v) $1,897.32 $40.94 Cash Advances 25.90%(v) $0.00 (v) = Variable Rate 5305 BH oor 7 0 we1108 0 OPAGE1 oft 20 srr 9620 M142 (01605985 Ptaacoratuen Bis portion wth your payment, and wre your account number on your check, made payable lo CREDIT ONE BANK. ern PAY YOUR BILL ONLINE at CreditOneBank.com CreditOrie ‘Account Number: New Balanos: $1,964.89 Minimum Payment Due: $99.00 For address, telephone and email changes, Payment Due Date: 12/08/18 ‘please complete the reverse sido, ‘Or, update your contact information online ‘at www. CreditOnetank com. AMOUNT ENCLOSED: $s + selthebalbaseealelfoatlell ooesbellL Mbe Habel CREDIT ONE BANK MONICA SANTIAGO PO BOX 60500 1519 DIAMOND LOOP DR CITY OF INDUSTRY CA 91716-0500 KINDRED FL 34744-6071 Wao AotecHL AIGU TH see Delta tHE EXHIBIT C Forward Flow Receivable Sale Agreement dated November 15, 2018 BILL OF SALE Closing Date: July 30, 2019 Capital One B: (USA), National Association (“Seller”), in consideration of a Purchase Price of aes 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.BFRLLE20190723_BN0076_customer.dat OMEGA.BN0076.SALES.PROD-EAST.BFRLLE20190723_BN0076_main.dat OMEGA.BN0076.SALES.PROD-EAST.BFRLLE20190723_BN0076_phone.dat” (which may be in electronic form) to Midland Credit Management, Inc., as successor in interest to, Midland Funding LLC (“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 defined below) This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of November 15, 2018, 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 Cutoff Date for the Sale File was July 25, 2019. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was| QO CAPITAL ONE BANK (USA), NATIONAL A SOCIATION Lane dent Si Ties asa STATE OF FLORIDA MIDLAND CREDIT MANAGEMENT, INC., Plaintiff -VS- AFFIDAVIT OF NANCY PETERSON MONICA SANTIAGO, Defendant(s). Nancy Peterson, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN 56303, certifies and says: 1 lam employed as a Legal Specialist by MIDLAND CREDIT MANAGEMENT, INC. ("Plaintiff"). I am a competent person over eighteen years of age, and I am authorized to make this affidavit on Plaintiff's behalf. In this affidavit, I make my statements about this account based upon my personal review and knowledge of those account records maintained by Plaintiff and that are pertinent to those statements (“Pertinent Records”). 2. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to MONICA SANTIAGO's CAPITAL ONE BANK (USA), N.A. account XXXXXXXXXXXX5708 (hereinafter "the account"). 3 As a result of Plaintiff’s purchase or assignment of the account, Plaintiff acquired certain account records from the seller and incorporated those records into Plaintiffs own permanent business records. Those acquired and incorporated records are kept in Plaintiff's regular course of business. 4 The acquired and incorporated records are treated as trustworthy and accurate, and are relied upon by Plaintiff in servicing this account because the original creditor was required to keep careful records of the account at issue in this case as required by law and/or suffer business loss. 5 Thave access to and have reviewed the Pertinent Records (including pertinent electronic records) concerning the account maintained by Plaintiff. 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. 6 The complete chain of title including CAPITAL ONE BANK (USA), N.A., the original creditor, and all post charge-off purchasers/assignees of the debt are as follows: 1. CAPITAL ONE BANK (USA), N.A. 2019-07-30 2. Midland Credit Management, Inc. AFFIDAVIT OF NANCY PETERSON - 1 302113489 AFFCOT 2005006254 I certify under penalty of perjury that the foregoing statements are true and correct. SEP 04 2020 Seer Date FL109 AFFIDAVIT OF NANCY PETERSON - 2 302113489 AFFCOT 2005006254 Field Field Data Account Number ES 708 Seller Account ID HE 3338 First Name MONICA Last Name SANTIAGO SSN Date of Birth a Address 1