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  • Lvnv Funding Llc v. Melissa Sue HarrisOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Melissa Sue HarrisOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Melissa Sue HarrisOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Melissa Sue HarrisOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Melissa Sue HarrisOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Melissa Sue HarrisOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Melissa Sue HarrisOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Melissa Sue HarrisOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
						
                                

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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 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 Page 1/2 561,688796283,4235275 1 of 10 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 2 of 10 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 3 of 10 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 4 of 10 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 5 of 10 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 6 of 10 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 7 of 10 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 8 of 10 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 9 of 10 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 10 of 10