On December 16, 2020 a
AFFIDAVIT
was filed
involving a dispute between
Velocity Investments, L.L.C. A A O Upgrade, Inc.,
and
Faye Kelts,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Schenectady County.
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FILED: SCHENECTADY COUNTY CLERK 04/06/2021 04:49 PM INDEX NO. 2020-2125
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/06/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SCHENECTADY
Velocity Investments, L.L.C. a/a/o Upgrade, Inc., Index No.
Plaintiff(s),
against AFFIDAVIT OF FACTS AND
PURCHASE OF ACCOUNT BY
FAYE KELTS, DEBT BUYER
Defendant(s).
State ofNew Jersey )
County of Monmouth ) ss.:
ALIA SHAALAN, being duly sworn, deposes and says:
1. I am the Compliance Associate of Velocity Investments, L.L.C. ("Plaintiff") and I have
access to Plaintiffs books and records ("Business Records"), including electronic records,
relating to the account ("Account") of Defendant. The last four digits of the Account ñümber
are 6237. In my position, I also have personal knowledge of Plaintiffs precedures for creating
i==ª=±=-
and liñg its 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
Reconds. The Business Records were made at or near the time of the events recerded. Based
on my knowledge of Plaintiffs Business Records, I have personal knowledge of the facts set
forth in this affidavit.
2. Based upon the attached certificate of loan sale, WebBank originates loans serviced by
Upgrade, Inc ("Servicer") who in its role as servicer of the loans, kept and maintained
business records on behalf of WebBank in the ordismy course of business. On or about
04/20/2018, WebBank transferred all right, title, and interest in the Defendant's acecünt to
Servicer.
101113
1 of 3
FILED: SCHENECTADY COUNTY CLERK 04/06/2021 04:49 PM INDEX NO. 2020-2125
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/06/2021
3. Based upon the attached affidavit of sale, on 02/21/2019, Servicer sold a pool of charged-
off accounts to Plaintiff by a purchase agreement and a bill of sale. As part of the Purchase,
Büsiñess Recoitis relating to the Account were transfened to Plaintiff. Following the Purchase,
those Business Records were maintained in the ordinary course of Plaintiffs business.
4. As set forth in the affidavit(s) of Servicer submitted herewi±, the complete chain of title, with
the date of each sale the Account, is as follows:
a. Upgrade, Inc to Velocity Investments, L.L.C. Date: 02/21/2019
5. The Defendant's acent subject of this lawsuit was included in the purchase, and each debt
buyer received account records of the defendant. These records were incorporated into the debt
buyer's records and kept in the regular course of business. Upon information and belief,
Defendant(s) executed a contract. The account number ending in 6237 was assigned to
Defendant(s). Defendant(s) defaulted leaving monies due and owing to Plaintiff in the amount
of $4200.00.
6. At this time, Defendant owes $4200.00 on the Account. This ainount includes the charge-off
balance of$4200.00, post-charge-off interest of $0.00, and post-change-off fees and charges of
$0.00, less post-charge-off credits or payments made by or on behalf of the Defendant of
$0.00.
7. I believe that there are no errors in this account.
Swom to efore me this 22 day
of (1D . ,202 I
Pu lic CLARE E
Notary
et
co a on F
UG003490
101113
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FILED: SCHENECTADY COUNTY CLERK 04/06/2021 04:49 PM INDEX NO. 2020-2125
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/06/2021
CERTIFICATE OF CONFORMITY
I, Walter Peter Ragan, Jr., an attorney-at-law of the State of New Jersey who resides and
is licensed in the State of New Jersey and is fully acquainted with the laws of the State of New
Jersey pertaining to the acknowledgment or proof of deeds, do hereby certify that I am duly
qualified to make this certificate of conformity and hereby certify that the acknowledgment or
proof upon the attached or annexed document was taken by (,\C1YC 6U(Kl a notary
public in the State of New Jersey, in the rñanner picscilbed by the laws of the State of New
Jersey and conforms to the laws thereof in all respects.
IN WITNESS WHEREOF, I have hereunto set my signature, this 21 day of
ter Ragan, J
Attorney-at Law, St of New Jersey
101113
3 of 3
Document Filed Date
April 06, 2021
Case Filing Date
December 16, 2020
Category
Other Matters - Consumer Credit (Non-Card) Transaction
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FILED: SCHENECTADY COUNTY CLERK 04/06/2021 04:49 PM INDEX NO. 2020-2125 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/06/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SCHENECTADY Velocity Investments, L.L.C. a/a/o Upgrade, Inc., Index No. Plaintiff(s), against AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY FAYE KELTS, DEBT BUYER Defendant(s). State ofNew Jersey ) County of Monmouth ) ss.: ALIA SHAALAN, being duly sworn, deposes and says: 1. I am the Compliance Associate of Velocity Investments, L.L.C. ("Plaintiff") and I have access to Plaintiffs books and records ("Business Records"), including electronic records, relating to the account ("Account") of Defendant. The last four digits of the Account ñümber are 6237. In my position, I also have personal knowledge of Plaintiffs precedures for creating i==ª=±=- and liñg its 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 Reconds. The Business Records were made at or near the time of the events recerded. Based on my knowledge of Plaintiffs Business Records, I have personal knowledge of the facts set forth in this affidavit. 2. Based upon the attached certificate of loan sale, WebBank originates loans serviced by Upgrade, Inc ("Servicer") who in its role as servicer of the loans, kept and maintained business records on behalf of WebBank in the ordismy course of business. On or about 04/20/2018, WebBank transferred all right, title, and interest in the Defendant's acecünt to Servicer. 101113 1 of 3 FILED: SCHENECTADY COUNTY CLERK 04/06/2021 04:49 PM INDEX NO. 2020-2125 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/06/2021 3. Based upon the attached affidavit of sale, on 02/21/2019, Servicer sold a pool of charged- off accounts to Plaintiff by a purchase agreement and a bill of sale. As part of the Purchase, Büsiñess Recoitis relating to the Account were transfened to Plaintiff. Following the Purchase, those Business Records were maintained in the ordinary course of Plaintiffs business. 4. As set forth in the affidavit(s) of Servicer submitted herewi±, the complete chain of title, with the date of each sale the Account, is as follows: a. Upgrade, Inc to Velocity Investments, L.L.C. Date: 02/21/2019 5. The Defendant's acent subject of this lawsuit was included in the purchase, and each debt buyer received account records of the defendant. These records were incorporated into the debt buyer's records and kept in the regular course of business. Upon information and belief, Defendant(s) executed a contract. The account number ending in 6237 was assigned to Defendant(s). Defendant(s) defaulted leaving monies due and owing to Plaintiff in the amount of $4200.00. 6. At this time, Defendant owes $4200.00 on the Account. This ainount includes the charge-off balance of$4200.00, post-charge-off interest of $0.00, and post-change-off fees and charges of $0.00, less post-charge-off credits or payments made by or on behalf of the Defendant of $0.00. 7. I believe that there are no errors in this account. Swom to efore me this 22 day of (1D . ,202 I Pu lic CLARE E Notary et co a on F UG003490 101113 2 of 3 FILED: SCHENECTADY COUNTY CLERK 04/06/2021 04:49 PM INDEX NO. 2020-2125 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/06/2021 CERTIFICATE OF CONFORMITY I, Walter Peter Ragan, Jr., an attorney-at-law of the State of New Jersey who resides and is licensed in the State of New Jersey and is fully acquainted with the laws of the State of New Jersey pertaining to the acknowledgment or proof of deeds, do hereby certify that I am duly qualified to make this certificate of conformity and hereby certify that the acknowledgment or proof upon the attached or annexed document was taken by (,\C1YC 6U(Kl a notary public in the State of New Jersey, in the rñanner picscilbed by the laws of the State of New Jersey and conforms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature, this 21 day of ter Ragan, J Attorney-at Law, St of New Jersey 101113 3 of 3