Preview
FILED: SARATOGA COUNTY CLERK 08/22/2022 11:28 AM INDEX NO. EF202178
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/22/2022
SUPREME COURT OF THE STATEOF NEW YORK
COUNTY OF SARATOGA
----------------------------------x
Oliphant Financial, LLC Index No, EF202178
File No.: OLI00465
PLAINTIFF,
- against - AFFIDAVIT OF FACTS
SHANNON HANSON
DEFENDANT(S).
---------s--------------------x
STATE OF e,%4$ ) ss.:
COUNTY OF )
CLA CW , being duly sworn, deposes and states as follows:
L That I am the custodian of records for the Plaintiff, Oliphant Financial, LLC, I base this
affidavit upon my review of business records maintained by Plaintiff in its regular course of
business. These records concerning Defendant's account were made at that time of the default
by Defendant(s) or within areasonable time thereafter, I am authorized to execute this affidavit.
2. All of Plaintiff's business records and information contained in and/or about delinquent
accounts are made available to me forthe purpose of collecting delinquent debts owed on the
accounts, including the manner in which plaintiff s records are made and maintained.
3, Plaintiff maintains in the regular course of its business, records of activity on accounts
including payments received, amounts owing such accounts, credits and offsets. It is the
regular practice of Plaintiff s business that entries may be made at or near the time theevents
reflected in them occurred.
4, Plaintiff is a debt purchaser who has purchased the Defendant's delinquent account and all
business records associated with Defendant's delinquent account from the original creditor and
any successor of interest of the account in issue herein which owned the account prior to the
Plaintiff, were incorporated into Plaintiff a business records at the time of purchase of the
account by Plaintiff.
Plaintiffs'
5, I have personal knowledge of all relevant business records concerning Defendant's
account.
6. That heretofore, the Defendant entered into a written agreement. The Defendant agreed to pay
to the original creditor $17,625.00 plus interest in order to repay the loan provided to the
Defendant in September 2016.
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/22/2022
7. The Plaintiff and any predecessor in interest of the ownership of the account has duly
performed all the terms and conditions of said contract on its part to be performed.
8. Defendant is in breach of the written agreement because of her failure to pay the outstanding
balance of $10,387.29, despite the fact that payment thereof has been duly demanded.
9. At this time, the balance of $10,387.29 including all pre-charge off interest and fees remains
due and owing. This balance does not include post-judgment interest to be accrued at the
statutory rate should the court award judgment in favor of the Plaintiff.
10. That by virtue of the foregoing, the Defendant has defaulted in payments due and owing on
the account and the remaining balance noted aforesaid is due in full.
Print Name: OJ . ()1
Signature:
day of . 20ff-f,..
MARIAH ADRIANNA MUNOZ
Texas
Notary PuMic, State of
, Comm. Expirea 05-08-2023
4, Notary ID 132006096
NOTARY PUBLIC
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/22/2022
CERTIFICATE OF CONFORMITY OF ACKNOWLEDGMENT
State Of Texas }
}ss.:
County of Bexar }
duly admitt to practice in the State of Texas, and is a resident of o County
in the State of Texas, that he/she is a person duly qualified to make this certificate of conformity
pursuant to Section 299-a of the Real Property Law of the State of New York; that he/she is fully
acquainted with the laws of the State of Texas pertaining to the acknowledgment or proof of deeds
of real property to be recorded therein; that the foregoing acknowledgment by Daniel Laux named
in the foregoing instrument taken before /Hg/ // , e y , a notary public
(or other officer) was taken in the manner prescribed by such laws of the State of Texas , being the
state in which it was taken; and that it duly conforms with such laws and is in all respects valid
and effective in such state.
Witness my signature this 19th day of May, 2022.
(PrTnt a
Attorney at Law, Texas.
Bar Registration No. 2 OD (p4
Residing in the State of Texas
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FILED: SARATOGA COUNTY CLERK 08/22/2022 11:28 AM INDEX NO. EF202178
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/22/2022
CERTIFICATE OF LOAN SALE
WebBank, a Utah-chartered industrial bank located in Salt Lake City, Utah ("Transferor"), hereby certifies
that:
I. Transferor originates loans that are serviced by LendingClub Corporation ("Transferee").
2. Each of the loans identified by loan number on the attached Exhibit A (each, a "Loan")
was originated by WebBank.
Date]"
3. On or about the respective "[Sale set forth on Exhibit A, Transferor transferred or
otherwise conveyed to Transferee each Loan identified on Exhibit A.
4. Transferor conveyed to Transferee all of Transferor's right, title and interest in each Loan
subject to no prior security interest in favor of any other creditor of Transferor.
5. Transferee was the servicer of each Loan from the origination of the Loan to the sale by
Transferor to Transferee. In its role as servicer of the Loan, during the period Transferor
owned the Loan, Transferee kept and maintained business records on behalf of WebBank
in the regular course of business.
WEBBAN
By:
Name: Kelly arnett
Title: President
Date: 10/15/2018
DC1 4757691v.2
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FILED: SARATOGA COUNTY CLERK 08/22/2022 11:28 AM INDEX NO. EF202178
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/22/2022
DAT
PROVIDED
BE WILL INFORMATION ACCOUNT DETAILED CONTAINING LOT1002finaldata.xis
TITLED FILE DA
Accou
11,
2018 October $30,114,162.29 2,953 Loan C
(%) Percentage
Dateof As Price Purchase Balance Unpaid Accounts
of Number Account
of
No.
1002 Lot
SCHEDULE ACCOUNT
I EX(BIT
5 of 23
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/22/2022
6 of 23
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NYSCEF EnvelopeNO.
DocuSign DOC. ID: A3015DB1-ESE3-43A9-A5E9-9A9608A5E153
10 RECEIVED NYSCEF: 08/22/2022
BILL OF SALE
LendingClub Corporation, a Delaware corporation ("LendingClub") and Oliphant Financial,
LLC, a Florida limited liability company ("Buyer") executed an Account Purchase Agreement dated
September 26, 2017 ("Agreement"). The terms of the Agreement will govern this Bill of Sale and any
capitalized but undefined terms herein will have the meanings given to such terms in the Agreement.
For value received and in further consideration of the mutual covenants and conditions set forth
in the Agreement, the Investors referenced in the data file named Lot1002finaldata hereby transfer(s),
sell(s), conveys(s), grant(s), and deliver(s) to Buyer, its successors and assigns, without recourse except as
set forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the Account
Schedule attached hereto as Exhibit I delivered by Seller to Buyer on the Closing Date, and as further
described in the Agreement.
Pursuant to the Agreement, on October 11, 2018, the Closing Date, each Investor will sell (or
cause to be sold) a pool of Accounts held by such Investors and described in the Account Schedule
attached to this Bill of Sale.
LendingClub represents and warrants that each of the undersigned Investors has executed a
limited power of attorney between such Investor and LendingClub wherein a designated power is for
LendingClub to act as attorney-in-fact for such Investor and to execute this Bill of Sale on behalf of such
Investor and take any action and execute any instruments or documents that LendingClub may deem
reasonably necessary or advisable in connection with the transfers contemplated thereby.
Lot Number:
Total Unpaid Balance:
Number of Accounts:
SELLER: LC Trust I
Docusignedby:
'
Name )0 PBlMer
Title: General Counsel
SELLER: LendingClub Corporation
DocuSignedby:
By: 455 fhty
Name );,l$ggeBhagr
Title: General Counsel
SELLER: 590 Consumer Lending Corp, LLC
By: LENDINGCLUB CORPORATION, as attomey-in-fact
DocuSignedby:
Name (p RussBhas
Title: General Counsel
NLEXPSA20I4ver1,DOC
7 of 23
FILED: SARATOGA COUNTY CLERK 08/22/2022 11:28 AM INDEX NO. EF202178
DocuSign Envelope ID: A3015DB1-E6E3-43A9-A5E9-9A9608A5E153
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/22/2022
SELLER: ACL Consumer Loan Trust III
By: LENDINGCLUB CORPORATION, as attorney-in-fact
DocuSignedby:,
By: ftA55 thS
Name t) usssWmer
Title: General Counsel
SELLER: ACL Consumer Loan Trust IV
By: LENDINGCLUB CORPORATION, as attomey-in-fact
DocuSignedby:
By: fa$5 fla%W
Name go&gistWar
Title: General Counsel
SELLER: ACL Consumer Loan Trust VI
By: LENDINGCLUB CORPORATION, as attomey-in-fact
Docustgnedby:
·
Nam ±Russfulmer
Title: General Counsel
SELLER: Arcadia Receivables Credit Trust 2017-1
By: LENDINGCLUB CORPORATION, as attomey-in-fact
DocuSignedby
By:
Name (p :3MiMPEth
Title: General Counsel
SELLER: ARCADIA RECEIVABLES CREDIT
TRUST 2018-1
By: LENDINGCLUB CORPORATION, as attorney-in-fact
DocuSignedby:
By:
Name . RMSEDher
Title: General Counsel
SELLER: Banco Popular de Puerto Rico
By: LENDINGCLUB CORPORATION, as attorney-in-fact
DocuSignedby:
By: thyf
' fy$$
Name t §
Preview
FILED: SARATOGA COUNTY CLERK 08/22/2022 11:28 AM INDEX NO. EF202178 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/22/2022 SUPREME COURT OF THE STATEOF NEW YORK COUNTY OF SARATOGA ----------------------------------x Oliphant Financial, LLC Index No, EF202178 File No.: OLI00465 PLAINTIFF, - against - AFFIDAVIT OF FACTS SHANNON HANSON DEFENDANT(S). ---------s--------------------x STATE OF e,%4$ ) ss.: COUNTY OF ) CLA CW , being duly sworn, deposes and states as follows: L That I am the custodian of records for the Plaintiff, Oliphant Financial, LLC, I base this affidavit upon my review of business records maintained by Plaintiff in its regular course of business. These records concerning Defendant's account were made at that time of the default by Defendant(s) or within areasonable time thereafter, I am authorized to execute this affidavit. 2. All of Plaintiff's business records and information contained in and/or about delinquent accounts are made available to me forthe purpose of collecting delinquent debts owed on the accounts, including the manner in which plaintiff s records are made and maintained. 3, Plaintiff maintains in the regular course of its business, records of activity on accounts including payments received, amounts owing such accounts, credits and offsets. It is the regular practice of Plaintiff s business that entries may be made at or near the time theevents reflected in them occurred. 4, Plaintiff is a debt purchaser who has purchased the Defendant's delinquent account and all business records associated with Defendant's delinquent account from the original creditor and any successor of interest of the account in issue herein which owned the account prior to the Plaintiff, were incorporated into Plaintiff a business records at the time of purchase of the account by Plaintiff. Plaintiffs' 5, I have personal knowledge of all relevant business records concerning Defendant's account. 6. That heretofore, the Defendant entered into a written agreement. The Defendant agreed to pay to the original creditor $17,625.00 plus interest in order to repay the loan provided to the Defendant in September 2016. 1 of 23 FILED: SARATOGA COUNTY CLERK 08/22/2022 11:28 AM INDEX NO. EF202178 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/22/2022 7. The Plaintiff and any predecessor in interest of the ownership of the account has duly performed all the terms and conditions of said contract on its part to be performed. 8. Defendant is in breach of the written agreement because of her failure to pay the outstanding balance of $10,387.29, despite the fact that payment thereof has been duly demanded. 9. At this time, the balance of $10,387.29 including all pre-charge off interest and fees remains due and owing. This balance does not include post-judgment interest to be accrued at the statutory rate should the court award judgment in favor of the Plaintiff. 10. That by virtue of the foregoing, the Defendant has defaulted in payments due and owing on the account and the remaining balance noted aforesaid is due in full. Print Name: OJ . ()1 Signature: day of . 20ff-f,.. MARIAH ADRIANNA MUNOZ Texas Notary PuMic, State of , Comm. Expirea 05-08-2023 4, Notary ID 132006096 NOTARY PUBLIC 2 of 23 FILED: SARATOGA COUNTY CLERK 08/22/2022 11:28 AM INDEX NO. EF202178 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/22/2022 CERTIFICATE OF CONFORMITY OF ACKNOWLEDGMENT State Of Texas } }ss.: County of Bexar } duly admitt to practice in the State of Texas, and is a resident of o County in the State of Texas, that he/she is a person duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York; that he/she is fully acquainted with the laws of the State of Texas pertaining to the acknowledgment or proof of deeds of real property to be recorded therein; that the foregoing acknowledgment by Daniel Laux named in the foregoing instrument taken before /Hg/ // , e y , a notary public (or other officer) was taken in the manner prescribed by such laws of the State of Texas , being the state in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. Witness my signature this 19th day of May, 2022. (PrTnt a Attorney at Law, Texas. Bar Registration No. 2 OD (p4 Residing in the State of Texas 3 of 23 FILED: SARATOGA COUNTY CLERK 08/22/2022 11:28 AM INDEX NO. EF202178 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/22/2022 CERTIFICATE OF LOAN SALE WebBank, a Utah-chartered industrial bank located in Salt Lake City, Utah ("Transferor"), hereby certifies that: I. Transferor originates loans that are serviced by LendingClub Corporation ("Transferee"). 2. Each of the loans identified by loan number on the attached Exhibit A (each, a "Loan") was originated by WebBank. Date]" 3. On or about the respective "[Sale set forth on Exhibit A, Transferor transferred or otherwise conveyed to Transferee each Loan identified on Exhibit A. 4. Transferor conveyed to Transferee all of Transferor's right, title and interest in each Loan subject to no prior security interest in favor of any other creditor of Transferor. 5. Transferee was the servicer of each Loan from the origination of the Loan to the sale by Transferor to Transferee. In its role as servicer of the Loan, during the period Transferor owned the Loan, Transferee kept and maintained business records on behalf of WebBank in the regular course of business. WEBBAN By: Name: Kelly arnett Title: President Date: 10/15/2018 DC1 4757691v.2 4 of 23 FILED: SARATOGA COUNTY CLERK 08/22/2022 11:28 AM INDEX NO. EF202178 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/22/2022 DAT PROVIDED BE WILL INFORMATION ACCOUNT DETAILED CONTAINING LOT1002finaldata.xis TITLED FILE DA Accou 11, 2018 October $30,114,162.29 2,953 Loan C (%) Percentage Dateof As Price Purchase Balance Unpaid Accounts of Number Account of No. 1002 Lot SCHEDULE ACCOUNT I EX(BIT 5 of 23 FILED: SARATOGA COUNTY CLERK 08/22/2022 11:28 AM INDEX NO. EF202178 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/22/2022 6 of 23 FILED: SARATOGA COUNTY CLERK 08/22/2022 11:28 AM INDEX NO. EF202178 NYSCEF EnvelopeNO. DocuSign DOC. ID: A3015DB1-ESE3-43A9-A5E9-9A9608A5E153 10 RECEIVED NYSCEF: 08/22/2022 BILL OF SALE LendingClub Corporation, a Delaware corporation ("LendingClub") and Oliphant Financial, LLC, a Florida limited liability company ("Buyer") executed an Account Purchase Agreement dated September 26, 2017 ("Agreement"). The terms of the Agreement will govern this Bill of Sale and any capitalized but undefined terms herein will have the meanings given to such terms in the Agreement. For value received and in further consideration of the mutual covenants and conditions set forth in the Agreement, the Investors referenced in the data file named Lot1002finaldata hereby transfer(s), sell(s), conveys(s), grant(s), and deliver(s) to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the Account Schedule attached hereto as Exhibit I delivered by Seller to Buyer on the Closing Date, and as further described in the Agreement. Pursuant to the Agreement, on October 11, 2018, the Closing Date, each Investor will sell (or cause to be sold) a pool of Accounts held by such Investors and described in the Account Schedule attached to this Bill of Sale. LendingClub represents and warrants that each of the undersigned Investors has executed a limited power of attorney between such Investor and LendingClub wherein a designated power is for LendingClub to act as attorney-in-fact for such Investor and to execute this Bill of Sale on behalf of such Investor and take any action and execute any instruments or documents that LendingClub may deem reasonably necessary or advisable in connection with the transfers contemplated thereby. Lot Number: Total Unpaid Balance: Number of Accounts: SELLER: LC Trust I Docusignedby: ' Name )0 PBlMer Title: General Counsel SELLER: LendingClub Corporation DocuSignedby: By: 455 fhty Name );,l$ggeBhagr Title: General Counsel SELLER: 590 Consumer Lending Corp, LLC By: LENDINGCLUB CORPORATION, as attomey-in-fact DocuSignedby: Name (p RussBhas Title: General Counsel NLEXPSA20I4ver1,DOC 7 of 23 FILED: SARATOGA COUNTY CLERK 08/22/2022 11:28 AM INDEX NO. EF202178 DocuSign Envelope ID: A3015DB1-E6E3-43A9-A5E9-9A9608A5E153 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/22/2022 SELLER: ACL Consumer Loan Trust III By: LENDINGCLUB CORPORATION, as attorney-in-fact DocuSignedby:, By: ftA55 thS Name t) usssWmer Title: General Counsel SELLER: ACL Consumer Loan Trust IV By: LENDINGCLUB CORPORATION, as attomey-in-fact DocuSignedby: By: fa$5 fla%W Name go&gistWar Title: General Counsel SELLER: ACL Consumer Loan Trust VI By: LENDINGCLUB CORPORATION, as attomey-in-fact Docustgnedby: · Nam ±Russfulmer Title: General Counsel SELLER: Arcadia Receivables Credit Trust 2017-1 By: LENDINGCLUB CORPORATION, as attomey-in-fact DocuSignedby By: Name (p :3MiMPEth Title: General Counsel SELLER: ARCADIA RECEIVABLES CREDIT TRUST 2018-1 By: LENDINGCLUB CORPORATION, as attorney-in-fact DocuSignedby: By: Name . RMSEDher Title: General Counsel SELLER: Banco Popular de Puerto Rico By: LENDINGCLUB CORPORATION, as attorney-in-fact DocuSignedby: By: thyf ' fy$$ Name t §