Preview
FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
702777351
New York State Unified Court System nycourts.gov
. . UCS-CCR6 (05/2022)
* *
Affidavit of Facts and Purchase of
Page 1 of 3
Account by Debt Buyer Plaintiff
nycourthelp.gov
The undersigned, being duly sworn, deposes and says:
J. I, Mary Jenkins am a/an [gemployee Cofficer Omember] of Resurgent Capital Services [place of
employment/servicing] ("Servicer"), servicer for LVNV Funding LLC ("Plaintiff"), and I have access to Plaintiff's
books and records ("Business Records"), including electronic records, relating to the account ("Account") of
Charles Benjamin ("Defendant"). The last four digits of the Account number are 9184. In my position, I also have
personal knowledge of the procedures for
creating and maintaining Plaintiffs Business Records, including its
procedures relating to the purchase and assignment of consumer credit accounts. Plaintiff's Business Records were
made in the regular course of business and it was the regular course of such business to make the Business Records.
The Business Records were made at or near the time of the events recorded. Based on my knowledge of Plaintiff's
Business Records, I have personal knowledge of the facts set forth in this affidavit.
2. [Check this paragraph if Servicer]
E Servicer is the servicer for the Plaintiff in the underlying action. Plaintiff has authorized Servicer to service and
maintain the Business Records relating to the Account, along with giving testimony and executing affidavits,
declarations, and certifications on behalf of Plaintiff regarding the Account.
3. Original Creditor and Defendant were parties to a credit agreement ("Agreement"). Defendant agreed to pay
Original Creditor pursuant to the Agreement. The date and the amount of the last payment, if any, made by Defendant
are set forth in an exhibit attached hereto and made a part hereof. Defendant defaulted on the Account and failed to
pay the outstanding balance pursuant to the Agreement. A demand for payment was made, and a balance remained
due and owing at the time of the sale. A true and correct copy of the Agreement or document(s) evidencing the
Agreement is/are attached as an exhibit to this affidavit
4. On 12/15/2020, Plaintiff purchased or was assigned the Account from Sherman Originator LLC ("Debt Seller"),
and at that time, Debt Seller assigned all of its interest in the Account, including the right to any proceeds from the
Account, to Plaintiff (the "Purchase"). As part of the Purchase, Business Records relating to the Ac.count were
transferred to Plaintiff and incorporated into Plaintiff's Business Records. To the extent Business Records included
records prepared by a third party, including but not limited to the Original Creditor, such records were incorporated
into Plaintiff's Business Records. Following the Purchase, those Business Records were maintained in the ordinary
course of Plaintiff's business.
ADA Accommodations Spoken or Sign LanguageInterpreters 1-800-COURT-NY
ada@nycourts.gov" 212-428-2760 interpreter@nycourts.gov"646-386-5670 A (268-7869)
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
UCS-CCR6 (05/2022) Page 2 of 3
5. As set forth in the attached affidavits submitted herewith, the complete chain of title, with the date of each sale or
assignment of the Account, is as follows:
Assignor Date of Transfer Amount at time of transfer
Transfer 1: Credit One Bank, N.A. 11/30/2020 $1,172.64
Transfer 2: MHC Receivables, LLC and FNBM, LLC 12/15/2020 $1,172.64
Transfer 3: Sherman Originator Ill LLC 12/15/2020 $1,172.64
Transfer 4: Sherman Originator LLC 12/15/2020 $1,172.64
Current Owner: LVNV Funding LLC
6. [Check this paragraph if seeking judgment on revolving consumer credit account]
E At this time, Defendant owes $1,172.64 on the Account. This amount includes a charge-off balance of $1,172.64,
post-charge-off interest
of $0.00, post-charge-off fees and charges of $0.00, less any post-charge-off credits or
payments made by or on behalf of the Defendant of $0.00.
7. [Check this paragraph if seeking judgment on a non-revolving consumer credit account]
E At this time, Defendant owes $1,172.64 on the Account. As set forth in the exhibits attached hereto and made a
part hereof, this amount is broken
out by (i) principal; (ñ) finance charge or charges; (iii) fees imposed by the original
creditor; (iv) collection costs; (v) attorney's fees; (vi) interest; and (vii) any other fees and charges, less post-sale
credits or payments made by or on behalf of the Defendant of $0.00.
8. As set forth in New York CPI R Article 50, the interest rate applicable to the Account pursuant to section five
thousand four of this chapter applies.
9. [Check if not seeking post-judgment interest]
E Plaintiff explicitly disclaims any right to post-judgment interest on this Account.
WHEREFORE, deponent demands judgment against Defendant for $1,172.64, (plus interest from 05/22/2023, if
applicable), together with the costs and disbursements of this action.
The above statements are true and correct to the best of my personal Imowledge.
Dated: 05/22/2023
Affiant Signature
Mary Jenkins
Affiant Name
Sworn to before me this 22 day of May,
202.
Notary Public
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
CERTIFICATE OF CONFORMITY
I, Tyler Dolphin , an attorney-at-law adinitted to practice
in the State of South Carolina and fully a quainted with the laws
of the State of South Carolina pertaining to the acknowledgement
or proòf of deeds of real property to be recorded therein, do
hereby certify that I am duly qualified to make this certificate
of 00hformity and that the acknowledgement or proof upon the
affidavits of merit were taken by Elizabeth Certuche, notarypublic
in the State of South Carolina, in the manner prescribed by the
laws of the State of South Carolina and conforms to the laws
thereof in all respects.
IN WITNESS WHEREOF, I have hereunto set iny signature, on May
22, 2023.
Tyler Dolphin
Atto at Law, State of South Carolina
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
UCS-CCR6 (05/2022) Page 3 of 3
Exhibits to be Attached to Affidavit
1. BE of Sale from Debt Seller to Plaintiff
2. Most Recent Charge/Payment/Balance Transfer Statement
3. Additional Books and Records evidencing:
Defendant'
a. s Full Name
b. Balance due and last 4 digits of Account Number printed on Most Recent Monthly Statement reflecting
charge/payment/balance transfer
. c. Last Payment Date and Amount
d. Charge-off Date and Amount
e. Delinquency Date and Amount
f. Post Charge-offoelinquency Interest and/or Fees
g. Post-Charge-off/Delinquency Credits
[Note: A Certificate of Conformity is only required for affid avits specific to real property transactions.]
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
Debt Buyer Plaintiff Data Sheet
Consumer Account Number: XXXXXXXXXX9184
Plaintiff Cross Ref Number:
Consumer First Name: . Charles
Consumer Middle Name:
Consumer Last Ñame: Benjamin
Consumer Suffix:
Charge Off Date: 11/25/2020
Charge Off Balance: $1,172.64
Balance Due: $1,172.64
Last Payment Date: 04/13/2020
Last Payment Amount: $330.95
Delinquency Date: 05/24/2020
Post Charge Off Payments & Credits: $0.00
Post Charge Off Interest: $0.00
Post Charge Off Fees: $0.00
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
As of November 30, 2020, 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_LegalRecall_122020 (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 timited 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 Assignorin 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 evideIce of the intent of the parties to
transfer the Accounts.
C IT ONE BANK, N.A.
ary Har od
Vice President
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
. .
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are
specifically identified in the electropic file named CreditOne-LegaIRecall_122020
with
such electronic file incorporated herein
by reference.
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
As of November 30, 2020, 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_Lega1Recall_122020 (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 busiIess 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 iItent of the parties to
transfer the Receivables.
CREDIT ONE BANK, N.A.
Harwo
Vice President
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named Creditone_LegalRecall_122020 with
such electronic file incorporated herein by reference.
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM MHC RECEIVABLES, LLC, TO FNBM, LLC
As of December 15, 2020, MHC Receivables, LLC ("Assignor"), for good and valuable consideration, the
receiptand 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
A"
the data file titled CreditOne_LegalRecall-122020 attached hereto and incorporated by reference as "Exhibit ;
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.
MHC Receivables, LLC
Mark Rufail, Authorized Representative
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are
specifically identified in the electronic file narned CreditOne_LegalRecall_122020
such electronic file incorporated herein , with
by reference.
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM FNBM, LLC, TO SHERMAN ORIGINATOR M LLC
On December 15, 2020, 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 IU 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_LegalRecall_122020 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 reWnesentations 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 any of the
Receivables conveyed hereby.
FNBM, LLC
Jon oli, Autl 3 ized Representative
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file name
CreditOne_LegalRecall_122020 , with
such electronic file incorporated herein
by reference.
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM MHC RECEIVABLES, LLC TO SHERMAN ORIGINATOR III LLC
On December 15, 2020, 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 111 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_LegalRecall__122020
(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 th.e parties may have in place and not supplant any other existing warranties
and representatioris.
This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for any of the Accounts
conveyed hereby.
MHC Receivables, I.DC
Mark Rufail, Authorized Representative
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne_LegalRecall_122020
, with
such electronic file incorporated herein by reference.
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
Declaration of Account Transfer
!
Sherman Originator III LLC ("SOLLC III"), without recourse, to the extent permitted by
applicable law, transferred, sold, assigned, conveyed, granted and delivered to Sherman
Originator LLC ("SOLLC") all of its right, title and interest in and to the receivables and other
assets (the "Assets") identified on Exhibit A, in the Receivable File dated December 02, 2020
delivered by MHC Receivables, LLC and FNBM, LLC on December 15, 2020 for purchase by
SOLLC III on December 15, 2020. The transfer of the Assets included electronically stored
business records.
SOLLC, subsequent to the above mentioned transfer, transferred, sold, assigned, conveyed,
granted and delivered to LVNV Funding LLC ("LVNV"), the above mentioned Assets. The
transfer of the Assets included electronically stored business records.
Sherman Ori!iIator 11I LLC
a Delaware LimitedLiability C mpany
By:
Na on Maz
Titi : Director
Sherman Origingtor LL
a Delaware Limited Lisbility Company
By: //(f
6: Jackson Walker
itle" Authorized Representative
. LVNV Funding LLC
a Delaware Limited Liability Company
Nañ1e: Daniel Pictiãno
Title:. Authorized Representative
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023
Exhibit A
Receivables File
12.15.20 CreditOneFresh LegalRecall_122020
Transfer Group Portfolio Transfer Batch
703404 38016 N/A
-,
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FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903
NYSCEF DOC. NO. 6 CREDITONEBANKCREDITCARDSTATEMENT RECEIVED NYSCEF: 06/07/2023
AccountNumber 184
March25, 2020toApril24, 2020
SUMMARYOFACCOUNTACTIVITY PAYMENTINFORMATION
PreviousBalance $1,021,06 NewBalance $725.60
Payments - $330.95 PastDueAmount 80.00
OtherCredits - $0.00 AmountDueThisPeriod $37.00
Purchases + $0.00 MinimumPaymentDue $37.00
CashAdvances + $0.00 PaymentDueDate 05/20/20
FeesCharged + $18.20 LatePayment
+ Waming:
InterestCharged $1T,29 Ifwedonotreceive payment
yourminimum bythedatelistedabove,
NewBalance $725.60 youmayhavetopayalatefeeupto$39.
Minimum PaymentWaming:
CreditLimit $2,325.00 youmaeo eunimumpayment ead peM, youM paymm
AvailableCredit $1599.00 ininterest
anditwilltakeyoulonger
topayoffyourbalance.
StatementClosingDate 04/24/20
Daysin BillingCycle 31
Forexample:
Ifyoumakeno Youwillpayoffthe Andyouwill
QUESTIONS? additional
charges balance shown on enduppaying
CallCustomerServiceor Report usingthiscardand thestatementin anestimated
a Lostor StolenCreditCard 1-877-825-3242 eachmonthyoupay... about... totalof...
OutsidetheU.S.Call 1-702-405-2042
Onlytheminimum
Pleasesendbillinginquiriesandcorrespondence
to: payment 3years S978.00
P.O.Box98873,LasVegas,NV89193-8873
Ifyouwouldlikealocation
forcreditcounseling
services,
call1-866-515-S720.
TRANSACTIONS
Reference
Number TransDate PostDateDescription
ofTransaction
orCredit Amount
7407193FROOXTMJJV 04/13 04/13 PAYMENT- DEBITCARD LASVEGAS NV -330.95
Fees
F572700FROOOY1 04/13 04/13 EXPRESSPAYMENTFEELASVEGASNV 9.95
F572700G3000CYLAC 04/24 04/24 ANNUALFEE 05/20THROUGH05/20 8.25
TOTALFEESFORTHISPERIOD 18.20
InterestCharged
04/24 04/24 InterestChargeon Purchases 17.29
04/24 04/24 InterestChargeonCashAdvances 0.00
TOTALINTERESTFORTHISPERIOD 17.29
Preview
FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 702777351 New York State Unified Court System nycourts.gov . . UCS-CCR6 (05/2022) * * Affidavit of Facts and Purchase of Page 1 of 3 Account by Debt Buyer Plaintiff nycourthelp.gov The undersigned, being duly sworn, deposes and says: J. I, Mary Jenkins am a/an [gemployee Cofficer Omember] of Resurgent Capital Services [place of employment/servicing] ("Servicer"), servicer for LVNV Funding LLC ("Plaintiff"), and I have access to Plaintiff's books and records ("Business Records"), including electronic records, relating to the account ("Account") of Charles Benjamin ("Defendant"). The last four digits of the Account number are 9184. In my position, I also have personal knowledge of the procedures for creating and maintaining Plaintiffs Business Records, including its procedures relating to the purchase and assignment of consumer credit accounts. Plaintiff's Business Records were made in the regular course of business and it was the regular course of such business to make the Business Records. The Business Records were made at or near the time of the events recorded. Based on my knowledge of Plaintiff's Business Records, I have personal knowledge of the facts set forth in this affidavit. 2. [Check this paragraph if Servicer] E Servicer is the servicer for the Plaintiff in the underlying action. Plaintiff has authorized Servicer to service and maintain the Business Records relating to the Account, along with giving testimony and executing affidavits, declarations, and certifications on behalf of Plaintiff regarding the Account. 3. Original Creditor and Defendant were parties to a credit agreement ("Agreement"). Defendant agreed to pay Original Creditor pursuant to the Agreement. The date and the amount of the last payment, if any, made by Defendant are set forth in an exhibit attached hereto and made a part hereof. Defendant defaulted on the Account and failed to pay the outstanding balance pursuant to the Agreement. A demand for payment was made, and a balance remained due and owing at the time of the sale. A true and correct copy of the Agreement or document(s) evidencing the Agreement is/are attached as an exhibit to this affidavit 4. On 12/15/2020, Plaintiff purchased or was assigned the Account from Sherman Originator LLC ("Debt Seller"), and at that time, Debt Seller assigned all of its interest in the Account, including the right to any proceeds from the Account, to Plaintiff (the "Purchase"). As part of the Purchase, Business Records relating to the Ac.count were transferred to Plaintiff and incorporated into Plaintiff's Business Records. To the extent Business Records included records prepared by a third party, including but not limited to the Original Creditor, such records were incorporated into Plaintiff's Business Records. Following the Purchase, those Business Records were maintained in the ordinary course of Plaintiff's business. ADA Accommodations Spoken or Sign LanguageInterpreters 1-800-COURT-NY ada@nycourts.gov" 212-428-2760 interpreter@nycourts.gov"646-386-5670 A (268-7869) /12 914 1 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 UCS-CCR6 (05/2022) Page 2 of 3 5. As set forth in the attached affidavits submitted herewith, the complete chain of title, with the date of each sale or assignment of the Account, is as follows: Assignor Date of Transfer Amount at time of transfer Transfer 1: Credit One Bank, N.A. 11/30/2020 $1,172.64 Transfer 2: MHC Receivables, LLC and FNBM, LLC 12/15/2020 $1,172.64 Transfer 3: Sherman Originator Ill LLC 12/15/2020 $1,172.64 Transfer 4: Sherman Originator LLC 12/15/2020 $1,172.64 Current Owner: LVNV Funding LLC 6. [Check this paragraph if seeking judgment on revolving consumer credit account] E At this time, Defendant owes $1,172.64 on the Account. This amount includes a charge-off balance of $1,172.64, post-charge-off interest of $0.00, post-charge-off fees and charges of $0.00, less any post-charge-off credits or payments made by or on behalf of the Defendant of $0.00. 7. [Check this paragraph if seeking judgment on a non-revolving consumer credit account] E At this time, Defendant owes $1,172.64 on the Account. As set forth in the exhibits attached hereto and made a part hereof, this amount is broken out by (i) principal; (ñ) finance charge or charges; (iii) fees imposed by the original creditor; (iv) collection costs; (v) attorney's fees; (vi) interest; and (vii) any other fees and charges, less post-sale credits or payments made by or on behalf of the Defendant of $0.00. 8. As set forth in New York CPI R Article 50, the interest rate applicable to the Account pursuant to section five thousand four of this chapter applies. 9. [Check if not seeking post-judgment interest] E Plaintiff explicitly disclaims any right to post-judgment interest on this Account. WHEREFORE, deponent demands judgment against Defendant for $1,172.64, (plus interest from 05/22/2023, if applicable), together with the costs and disbursements of this action. The above statements are true and correct to the best of my personal Imowledge. Dated: 05/22/2023 Affiant Signature Mary Jenkins Affiant Name Sworn to before me this 22 day of May, 202. Notary Public /12914 2 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 CERTIFICATE OF CONFORMITY I, Tyler Dolphin , an attorney-at-law adinitted to practice in the State of South Carolina and fully a quainted with the laws of the State of South Carolina pertaining to the acknowledgement or proòf of deeds of real property to be recorded therein, do hereby certify that I am duly qualified to make this certificate of 00hformity and that the acknowledgement or proof upon the affidavits of merit were taken by Elizabeth Certuche, notarypublic in the State of South Carolina, in the manner prescribed by the laws of the State of South Carolina and conforms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set iny signature, on May 22, 2023. Tyler Dolphin Atto at Law, State of South Carolina 3 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 UCS-CCR6 (05/2022) Page 3 of 3 Exhibits to be Attached to Affidavit 1. BE of Sale from Debt Seller to Plaintiff 2. Most Recent Charge/Payment/Balance Transfer Statement 3. Additional Books and Records evidencing: Defendant' a. s Full Name b. Balance due and last 4 digits of Account Number printed on Most Recent Monthly Statement reflecting charge/payment/balance transfer . c. Last Payment Date and Amount d. Charge-off Date and Amount e. Delinquency Date and Amount f. Post Charge-offoelinquency Interest and/or Fees g. Post-Charge-off/Delinquency Credits [Note: A Certificate of Conformity is only required for affid avits specific to real property transactions.] /12914 4 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 Debt Buyer Plaintiff Data Sheet Consumer Account Number: XXXXXXXXXX9184 Plaintiff Cross Ref Number: Consumer First Name: . Charles Consumer Middle Name: Consumer Last Ñame: Benjamin Consumer Suffix: Charge Off Date: 11/25/2020 Charge Off Balance: $1,172.64 Balance Due: $1,172.64 Last Payment Date: 04/13/2020 Last Payment Amount: $330.95 Delinquency Date: 05/24/2020 Post Charge Off Payments & Credits: $0.00 Post Charge Off Interest: $0.00 Post Charge Off Fees: $0.00 /12914 5 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As of November 30, 2020, 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_LegalRecall_122020 (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 timited 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 Assignorin 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 evideIce of the intent of the parties to transfer the Accounts. C IT ONE BANK, N.A. ary Har od Vice President /12914 6 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 . . EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electropic file named CreditOne-LegaIRecall_122020 with such electronic file incorporated herein by reference. /12914 7 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As of November 30, 2020, 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_Lega1Recall_122020 (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 busiIess 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 iItent of the parties to transfer the Receivables. CREDIT ONE BANK, N.A. Harwo Vice President /12914 8 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named Creditone_LegalRecall_122020 with such electronic file incorporated herein by reference. /12914 9 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM MHC RECEIVABLES, LLC, TO FNBM, LLC As of December 15, 2020, MHC Receivables, LLC ("Assignor"), for good and valuable consideration, the receiptand 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 A" the data file titled CreditOne_LegalRecall-122020 attached hereto and incorporated by reference as "Exhibit ; 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. MHC Receivables, LLC Mark Rufail, Authorized Representative /12914 10 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file narned CreditOne_LegalRecall_122020 such electronic file incorporated herein , with by reference. /12914 11 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM FNBM, LLC, TO SHERMAN ORIGINATOR M LLC On December 15, 2020, 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 IU 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_LegalRecall_122020 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 reWnesentations 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 any of the Receivables conveyed hereby. FNBM, LLC Jon oli, Autl 3 ized Representative /12914 12 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file name CreditOne_LegalRecall_122020 , with such electronic file incorporated herein by reference. /12914 13 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM MHC RECEIVABLES, LLC TO SHERMAN ORIGINATOR III LLC On December 15, 2020, 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 111 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_LegalRecall__122020 (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 th.e parties may have in place and not supplant any other existing warranties and representatioris. This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for any of the Accounts conveyed hereby. MHC Receivables, I.DC Mark Rufail, Authorized Representative /12914 14 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_LegalRecall_122020 , with such electronic file incorporated herein by reference. /12914 15 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 Declaration of Account Transfer ! Sherman Originator III LLC ("SOLLC III"), without recourse, to the extent permitted by applicable law, transferred, sold, assigned, conveyed, granted and delivered to Sherman Originator LLC ("SOLLC") all of its right, title and interest in and to the receivables and other assets (the "Assets") identified on Exhibit A, in the Receivable File dated December 02, 2020 delivered by MHC Receivables, LLC and FNBM, LLC on December 15, 2020 for purchase by SOLLC III on December 15, 2020. The transfer of the Assets included electronically stored business records. SOLLC, subsequent to the above mentioned transfer, transferred, sold, assigned, conveyed, granted and delivered to LVNV Funding LLC ("LVNV"), the above mentioned Assets. The transfer of the Assets included electronically stored business records. Sherman Ori!iIator 11I LLC a Delaware LimitedLiability C mpany By: Na on Maz Titi : Director Sherman Origingtor LL a Delaware Limited Lisbility Company By: //(f 6: Jackson Walker itle" Authorized Representative . LVNV Funding LLC a Delaware Limited Liability Company Nañ1e: Daniel Pictiãno Title:. Authorized Representative /12914 16 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/07/2023 Exhibit A Receivables File 12.15.20 CreditOneFresh LegalRecall_122020 Transfer Group Portfolio Transfer Batch 703404 38016 N/A -, /12914 17 of 19 FILED: TIOGA COUNTY CLERK 06/07/2023 04:58 PM INDEX NO. 2023-00062903 NYSCEF DOC. NO. 6 CREDITONEBANKCREDITCARDSTATEMENT RECEIVED NYSCEF: 06/07/2023 AccountNumber 184 March25, 2020toApril24, 2020 SUMMARYOFACCOUNTACTIVITY PAYMENTINFORMATION PreviousBalance $1,021,06 NewBalance $725.60 Payments - $330.95 PastDueAmount 80.00 OtherCredits - $0.00 AmountDueThisPeriod $37.00 Purchases + $0.00 MinimumPaymentDue $37.00 CashAdvances + $0.00 PaymentDueDate 05/20/20 FeesCharged + $18.20 LatePayment + Waming: InterestCharged $1T,29 Ifwedonotreceive payment yourminimum bythedatelistedabove, NewBalance $725.60 youmayhavetopayalatefeeupto$39. Minimum PaymentWaming: CreditLimit $2,325.00 youmaeo eunimumpayment ead peM, youM paymm AvailableCredit $1599.00 ininterest anditwilltakeyoulonger topayoffyourbalance. StatementClosingDate 04/24/20 Daysin BillingCycle 31 Forexample: Ifyoumakeno Youwillpayoffthe Andyouwill QUESTIONS? additional charges balance shown on enduppaying CallCustomerServiceor Report usingthiscardand thestatementin anestimated a Lostor StolenCreditCard 1-877-825-3242 eachmonthyoupay... about... totalof... OutsidetheU.S.Call 1-702-405-2042 Onlytheminimum Pleasesendbillinginquiriesandcorrespondence to: payment 3years S978.00 P.O.Box98873,LasVegas,NV89193-8873 Ifyouwouldlikealocation forcreditcounseling services, call1-866-515-S720. TRANSACTIONS Reference Number TransDate PostDateDescription ofTransaction orCredit Amount 7407193FROOXTMJJV 04/13 04/13 PAYMENT- DEBITCARD LASVEGAS NV -330.95 Fees F572700FROOOY1 04/13 04/13 EXPRESSPAYMENTFEELASVEGASNV 9.95 F572700G3000CYLAC 04/24 04/24 ANNUALFEE 05/20THROUGH05/20 8.25 TOTALFEESFORTHISPERIOD 18.20 InterestCharged 04/24 04/24 InterestChargeon Purchases 17.29 04/24 04/24 InterestChargeonCashAdvances 0.00 TOTALINTERESTFORTHISPERIOD 17.29