Preview
FILED: JEFFERSON COUNTY CLERK 03/09/2022 09:17 AM INDEX NO. EF2021-00002072
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY
DEBT BUYER PIAINTIFF (Debt Buyer Actions)
The undersigned, being duly swom deposes and says:
1. I aman authorized representative ofLVNV Funding LIf ("Plaintiff) and I have access to Phintiffs books and
records ("Business Records'), inebding electronic records, rehting to the account ("Account') of Stephanie Stevenson.
The hst four digits ofthe Account number are 1938. In my position, I also have personal knowledge of Phintiffs
procedures for creating and naintainingits Business Records, including its procedures relating to the purchase and
assignrnent of consurner credit accounts. Plaintiffs Business Records were made in the regular course ofbusiness and it
was the regular course of such business to make the Business Records. The Business Records were nude at or near the
tirne ofthe events recorded. Based on my knowledg ofPhintiffs Business Records, I have personal knowledge ofthe
facts set forth in this affidavit.
2. On or about 01/15/2020, Plaintiffpurchased or was assigned the Account from Shemun Opginator LLC (the
"Purchase'). At that tine, Shemun Originator LLC assigned all ofits interest in the Account, including the right to any
proceeds fromthe Account, to PlaintifE As part ofthe Purchase, Business Records relating to the Account were
transferred to PlaintifE Following the Purchase, those Business Records were nuintained in the ordinary course of
Plaintiffs business.
3. As set forth in the affxlavit(s) ofCredit One Bank, N.A., MHC Receivables, LLC and FNBM, LLC, Shenmn
Originator LIf and Sherman Originator III LLC, submitted herewith, the conplete chain oftitle, with the date on or
about which each sale or assigonent ofthe Account occurred, is as follows:
Credit One Bank, N.A. 12/31/2019
MHC Receivables, LLC and FNBM, LI£ 1/15/2020
Shenmn Originator III LIf 1/15/2020
Shenmn Origistor LLC 1/15/2020
4. At this tinr, Defendant owes $1,292.18 on the Account. This amount includes the charge-offbalance of$1,292.18,
post-charge-offinterest of$0.00, and post-charge-off fees and charges of$0.00, less post-charge-offeredits or
paynrnts made by or on behalfofthe Defendant of$0.00.
WHEREFORE, deponent demands judgnrnt against Defendant for $1,292.18, together with the costs and
disbursenrnts ofthis action.
The above statenrnts are true and correct to the best ofmy perso:nt wledge.
He'
Wallis
12/ .J2021
STATEMENT BY LICENSED NOTARY
STATE OF SOUTH CAROLINA )
)SS
COUNTY OF GREENVILLE )
This instmnrnt was swom and subscribed before nr on the 2nd day of December, 2021 y Heidi Wallis, an Authorized
Representative ofLVNV Funding LI .
Notary l lic "
My Conmission Expires: P
91
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FILED: JEFFERSON COUNTY CLERK 03/09/2022 09:17 AM INDEX NO. EF2021-00002072
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
CERTIFICATE OF CONFORMITY
I, Tyler Dolphin , an attorney-at-law admitted to
practice in the State of South Carolina and fully acquainted
with the laws of the State of South Carolina pertaining to the
acknowledgement or proof of deeds of real property to be
recorded therein, do hereby certify that I am duly qualified to
make this certificate of conformity and that the acknowledgement
or proof upon the affidavits of merit were taken by Katie Lynch,
notary public 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 my signature, on
December 2, 2021.
yler Dolphin
Attorney a Law, State of South Carolina
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FILED: JEFFERSON COUNTY CLERK 03/09/2022 09:17 AM INDEX NO. EF2021-00002072
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM CREDIT ONE BANK, N.A. TO MHC RECE1VABLES, LLC
As of December 31, 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_Sherman_012020 (the "Computer File"), a copy of which is attached hereto and incorporated herein by
reference as "Exhibit and, (ii) certain related account level media or electronic
A"; 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 for the Accounts, Assignor represents and warrants to Assignee that the business
respect to information
records conveyed relating to: (i) the Accounts
to Assignee 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 at or reasonably near the time of the Event. Furthermore,
or recording of the Event 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.
CREDIT ONE ANK, N.A.
ars od
Vice President
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FILED: JEFFERSON COUNTY CLERK 03/09/2022 09:17 AM INDEX NO. EF2021-00002072
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne-Sherman_012020 with such
electronic file incorporated herein by reference.
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FILED: JEFFERSON COUNTY CLERK 03/09/2022 09:17 AM INDEX NO. EF2021-00002072
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM CREDITONE BANK, N.A. TO MHC RECEIVABLES, LLC
As of December31, 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_Sherman_012020 (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 and warrants to Assignee that the Business Records are materially
represents 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 B K, N.A.
9;wy woo
Vice President
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FILED: JEFFERSON COUNTY CLERK 03/09/2022 09:17 AM INDEX NO. EF2021-00002072
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne-Sherman_012020 with such
electronic file incorporated herein by reference.
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FILED: JEFFERSON COUNTY CLERK 03/09/2022 09:17 AM INDEX NO. EF2021-00002072
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM MHC RECE1VABLES, LLC, TO FNBM, LLC
As of January 15, 2020, 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
A"
the data file titled CreditOne_Sherman_012020 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: JEFFERSON COUNTY CLERK 03/09/2022 09:17 AM INDEX NO. EF2021-00002072
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne_Sherman_012020 , with such
electronic file incorporated herein by reference.
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FILED: JEFFERSON COUNTY CLERK 03/09/2022 09:17 AM INDEX NO. EF2021-00002072
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM FNByl, LLC, TO SHERMAN ORIGINATOR In LLC
On January 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 m 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_Sherman_012020 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 shall serve as evidence of ownership for any of the
Receivables conveyed hereby.
.
FNBM, LLC
Jon li, Autho Representative
.
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FILED: JEFFERSON COUNTY CLERK 03/09/2022 09:17 AM INDEX NO. EF2021-00002072
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file name CreditOne-Sherman_012020 , with such
electronic file incorporated herein by reference.
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FILED: JEFFERSON COUNTY CLERK 03/09/2022 09:17 AM INDEX NO. EF2021-00002072
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM MHC RECEIVABLES, LLC TO SHERMAN ORIGINATOR III LLC
On January 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 III 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_Sherman_012020 (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.
MHC Receivables, LLC
Mark Rufail, Authorized Representative
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FILED: JEFFERSON COUNTY CLERK 03/09/2022 09:17 AM INDEX NO. EF2021-00002072
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne_Sherman_012020 , with such
electronic file incorporated herein by reference.
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FILED: JEFFERSON COUNTY CLERK 03/09/2022 09:17 AM INDEX NO. EF2021-00002072
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
Transfer and Assignment
Sherman Originator III LLC ("SOLLC IH"), without recourse, to the extent permitted by
applicable law, hereby transfers, sells, assigns, conveys, grants and delivers 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 January 03, 2020
delivered by MHC Receivables, LLC and FNBM, LLC on January 15, 2020 for purchase by
SOLLC III on January 15, 2020. The transfer of the Assets included electronically stored
business records.
SOLLC, subsequent to the above mentioned transfer, hereby transfers, sells, assigns, conveys,
grants and delivers to LVNV Funding LLC ("LVNV"), the above mentioned Assets. The
transfer of the Assets included electronically stored business records.
Dated: January 15, 2020 Sherman Originator III LLC
a Delaware Limited Liability C mpany
By:
Na : Jon Ma
Tit! : Director
Dated: 2020 Sherman Originator LLC
January 15,
a Delaware Limited Liability Company
ame: Jackson Walker
itle: Authorized Representative
Dated: 15, 2020
LVNV Funding LLC
January
a Delaware Limited Liability Company
By ffjf , ÂNAP C
Name: Daniel Picciano
Title: Authorized Representative
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FILED: JEFFERSON COUNTY CLERK 03/09/2022 09:17 AM INDEX NO. EF2021-00002072
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
Exhibit A
Receivables File
01.15.20 CreditOne_Fresh_Sherman_012020
Transfer Group Portfolio Transfer Batch
633295 36509 N/A
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