Preview
FILED: OSWEGO COUNTY CLERK 06/09/2022 11:26 AM INDEX NO. EFC-2021-0408
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/09/2022
AFFIDAVIT OF PURCHASE AND SALE OF ACCOUNT BY DEBT SELLER
(Debt Buyer Actions)
The undersigned, being duly sworn, deposes and says:
1. I am an authorized representative of Sherman Originator III LLC ("Debt Seller") and I have personal knowledge of and
access to Debt Seller's books and records ("Business Records"), including electronic records, relating to a pool of charged-off
consumer credit accounts purchased by or assigned to the Debt Seller from Bluestem Brands, Inc. and Santander Consumer
USA on or about 12/31/2019(the "Purchase"), which included the account ("Account") of the consumer ("Consumer")
identified in the exhibits attachedhereto and incorporated herein. As part of the Purchase, Bluestem Brands, Inc. and
Santander Consumer USA assigned all of itsinterest in the Account,including the right to any proceeds from the Account, to
Debt Seller, and it transferred BusinessRecords relating to theAccount to Debt Seller.
2. In my position, I also have personal knowledge of Debt Seller's procedures for creating and maintaining its Business
Records, including its procedures relating to the purchase, sale and assignment of consumer credit accounts. Debt Seller'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
Debt Seller's Business Records, I have personal knowledge of the facts set forth in this affidavit.
3. On or about 12/31/2019 Debt Seller sold or assigned a pool of charged-off consumer credit accounts to Sherman
Originator LLC (the "Sale"), which included the Account of the Consumer. At that time, Debt Seller assigned all of its interest in
the Account, including the right to any proceeds from the Account, to Sherman Originator LLC. As part of the Sale, Business
Records relating to the Account were transferred to Sherman Originator LLC. Prior to the Sale, those Business Records had
been created and maintained in the ordinary course of Debt Seller's business. A true and correct copy of the bill of sale or
written assignment of the Account is attached as an exhibit to this affidavit.
4. At the time of Sale, Consumer owed the amount set forth in an exhibit attached hereto and made a part hereof, which
also sets forth the amount of the charge-off balance and, the total amounts, if applicable, of any post-charge-off interest and
post-charge-off fees and charges, less any post-charge-off credits or payments made by or on behalf of the Consumer.
The above statements are true and correct to the best of my personal knowledge.
Kathy Yang
Authorized Representative of
Sherman Originator Ill LLC
Dated: 04/19/2022
STATEMENT BY LICENSED NOTARY
STATE OF SOUTH CAROLINA )
) ss.
COUNTY OF GREENVILLE )
This instrument was sworn and subscribed before me on the 19th day of April, 2022 by Kathy Yang, an Authorized
Representative of Sherman Originator Ill LLC.
Not y Public
My Commission Expires:
OTAR
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561,688796283,4235275
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FILED: OSWEGO COUNTY CLERK 06/09/2022 11:26 AM INDEX NO. EFC-2021-0408
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/09/2022
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 Ramiro
Sanchez, 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
April 19, 2022.
Tyler Dolphin
Attor at Law, State of South Carolina
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FILED: OSWEGO COUNTY CLERK 06/09/2022 11:26 AM INDEX NO. EFC-2021-0408
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/09/2022
"B"
Appendix
Debt Seller Account Data Sheet
Data to Sherman Originator LLC
Sale Date: 12/3 1/2019
Orig Creditor Acet Number: XXXXXXXXXX6326
Account Open Date: 04/05/2012
Charge-off Amount: S3,500.47
Charge-off Date: 02/27/2019
Consumer Last four digits of SSN: XXX-XX-0320
Consumer First Name: Melissa
Consumer Middle Name: Sue
Consumer Last Name: Harris
Consumer Suffix:
Consumer Residence Addrs 1: 1744 State Route 48
Consumer Residence Addrs 2: Apt 48
Consumer City: Fulton
Consumer State: NY
Consumer Zip Code: 13069-4108
Post-Charge-off Interest: S .00
Post-Charge-off Fees: S .00
Post-Charge-off Credits or Payments Made: S .00
Last Payment Amount: S l 68.00
Last Payment Date: 07/22/2018
Balance Due at time of Sale: S3,500.47
Page 2/2
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FILED: OSWEGO COUNTY CLERK 06/09/2022 11:26 AM INDEX NO. EFC-2021-0408
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/09/2022
,
Transfer and Assignment
Sherman Originator III LLC ("SOLLC III"), 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 December 30, 2019
delivered by Santander Consumer USA on December 31, 2018 for purchase by SOLLC III on
December 31, 2019. 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: December 31, 2019 Sherman Originator III LLC
a Delaware Limited Liability Cfompany
By:
Na . : Jon Maz
Titl : Director
Dated: December 31, 2019 Shennan Originator LLC
a Delaware Limited Liability Company
By:
me: Jackson Walker
itle: Authorized Representative
Dated: December 31, 2019 LVNV Funding LLC
a Delaware Limited Liability Company
By.
Name: Daniel Picciano
Title: Authorized Representative
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FILED: OSWEGO COUNTY CLERK 06/09/2022 11:26 AM INDEX NO. EFC-2021-0408
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/09/2022
Exhibit A
Receivables File
12.31.19 GTNSCUSA PPS_20191230__123142
Transfer Group Portfolio Transfer Batch
630965 36430 N/A
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FILED: OSWEGO COUNTY CLERK 06/09/2022 11:26 AM INDEX NO. EFC-2021-0408
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/09/2022
AFFIDAVIT OF PURCHASE AND SALE OF ACCOUNT BY DEBT SELLER
(Debt Buyer Actions)
The undersigned, being duly sworn, deposes and says:
1. I am an authorized representative of Sherman Originator LLC ("Debt Seller") and I have personal knowledge of and
access to Debt Seller's books and records ("Business Records"), including electronic records, relating to a pool of charged-off
consumer credit accounts purchased by or assigned to the Debt Seller from Sherman Originator Ill LLC on or about 12/31/2019
(the "Purchase"), which included the account ("Account") of the consumer ("Consumer") identified in the exhibits attached
hereto and incorporated herein. As part of the Purchase, Sherman Originator III LLC assigned all of its interest in the Account,
including the right to any proceeds from the Account, to Debt Seller, and it transferred Business Records relating to the
Account to Debt Seller.
2. In my position, I also have personal knowledge of Debt Seller's procedures for creating and maintaining its Business
Records, including its procedures relating to the purchase, sale and assignment of consumer credit accounts. Debt Seller'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
Debt Seller's Business Records, I have personal knowledge of the facts set forth in this affidavit.
3. On or about 12/31/2019 Debt Seller sold or assigned a pool of charged-off consumer credit accounts to LVNV Funding
LLC (the "Sale"), which included the Account of the Consumer. At that time, Debt Seller assigned all of its interest in the
Account, including the right to any proceeds from the Account, to LVNV Funding LLC. As part of the Sale, Business Records
relating to the Account were transferred to LVNV Funding LLC. Prior to the Sale, those Business Records had been created and
maintained in the ordinary course of Debt Seller's business. A true and correct copy of the bill of sale or written assignment of
the Account is attached as an exhibit to this affidavit.
4. At the time of Sale, Consumer owed the amount set forth in an exhibit attached hereto and made a part hereof, which
also sets forth the amount of the charge-off balance and, the total amounts, if applicable, of any post-charge-off interest and
post-charge-off fees and charges, less any post-charge-off credits or payments made by or on behalf of the Consumer.
The ab ve statements are true and correct to the best of my personal knowledge.
Hyacinth Johnson
Authorized Representative of
Sherman Originator LLC
Dated: 04/19/2022
STATEMENT BY LICENSED NOTARY
STATE OF SOUTH CAROLINA )
) ss.
COUNTY OF GREENVILLE )
This instrument was sworn and subscribed before me on the 19th day of April, 2022 by Hyacinth Johnson, an Authorized
Representative of Sherman Originator LLC.
Notar Public
.9 My Commission Expires:
OTAS a
Page 1/2
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FILED: OSWEGO COUNTY CLERK 06/09/2022 11:26 AM INDEX NO. EFC-2021-0408
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/09/2022
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 Ramiro
Sanchez, 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
April 19, 2022.
Tyler Dolphin
Attor y at Law, State of South Carolina
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FILED: OSWEGO COUNTY CLERK 06/09/2022 11:26 AM INDEX NO. EFC-2021-0408
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/09/2022
"B"
Appendix
Debt Seller Account Data Sheet
Data to LVNV Funding LLC
Sale Date: I2/31/2019
Orig Creditor Acet Number: XXXXXXXXXX6326
Account Open Date: 04/05/2012
Charge-off Amount: S3,500.47
Charge-off Date: 02/27/2019
Consumer Last four digits of SSN: XXX-XX-0320
Consumer First Name: Melissa
Consumer Middle Name: Sue
Consumer Last Name: Harris
Consumer Suffix:
Consumer Residence Addrs 1: I744 State Route 48
Consumer Residence Addrs 2: Apt 48
Consumer City: Fulton
Consumer State: NY
Consumer Zip Code: 13069-4108
Post-Charge-off Interest: S .00
Post-Charge-off Fees: S .00
Post-Charge-off Credits or Payments Made: S .00
Last Payment Amount: SI68.00
Last Payment Date: 07/22/2018
.Balance Due at time of Sale: $3,500.47
Page 2/2
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FILED: OSWEGO COUNTY CLERK 06/09/2022 11:26 AM INDEX NO. EFC-2021-0408
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/09/2022
Transfer and Assignment
Sherman Originator III LLC ("SOLLC III"), 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 December 30, 2019
delivered by Santander Consumer USA on December 31, 2018 for purchase by SOLLC III on
December 31, 2019. 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: December 31, 2019 Sherman Originator III LLC
a Delaware Limited Liability Cpmpany
By:
Na : Jon Maz
Titl : Director
Dated: December 31, 2019 Shennan Originator LLC
a Delaware Limited Liability Company
By:
me: Jackson Walker
itle: Authorized Representative
Dated: December 31, 2019 LVNV Funding LLC
a Delaware Limited Liability Company
By.
Name: Daniel Picciano
Title: Authorized Representative
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FILED: OSWEGO COUNTY CLERK 06/09/2022 11:26 AM INDEX NO. EFC-2021-0408
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/09/2022
Exhibit A
Receivables File
12.31.19 GTNSCUSA_PPS_20191230_123142
Transfer Group Portfolio Transfer Batch
630965 36430 N/A
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