Affidavit of Facts and Purchase of Acct by Debt Buyer Plaintiff December 13, 2023 (2024)

 
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 FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 705097477/12914 1 of 22FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 705097477 New York State Unified Court System nycourts.gov UCS-CCR6 (05/2022) * Affidavit of Facts and Purchase of Page 1 of 3 Account by Debt Buyer Plaintiff nycourthelp.gov The undersigned, being duly sworn, deposes and says: 1. I, Rudy Hernandez am a/an [)Eemployee ¤officer Emember] of Resurgent Capital Services [place of employment/servicing] ("Servicer"), servicer for LVNV Funding LLC ("Plaintiff"), and I have access to Plaintiff's books and records ("Business Records"), including electronic records, relating to the account ("Account") of Peter Jubie ("Defendant"). The last four digits of the Account number are 3150. In my position, I also have personal knowledge of the procedures for creating and maintaining Plaintiff s 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 Records. The Business Records were made at or near the time of the events recorded. Based on my knowledge of Plaintiff's Business Records, I have personal knowledge of the facts set forth in this affidavit. 2. [Check this paragraph if Servicer] 12 Servicer is the servicer for the Plaintiff in the underlying action. Plaintiff has authorized Servicer to service and maintain the Business Records relating to the Account, along with giving testimony and executing affidavits, declarations, and certifications on behalf of Plaintiff regarding the Account. 3. Original Creditor and Defendant were parties to a credit agreement ("Agreement"). Defendant agreed to pay Original Creditor pursuant to the Agreement. The date and the amount of the last payment, if any, made by Defendant are set forth in an exhibit attached hereto and made a part hereof. Defendant defaulted on the Account and failed to pay the outstanding balance pursuant to the Agreement. A demand for payment was made, and a balance remained due and owing at the time of the sale. A true and correct copy of the Agreement or document(s) evidencing the Agreement is/are attached as an exhibit to this affidavit. 4. On 03/27/2023, Plaintiff purchased or was assigned the Account from Resurgent Acquisitions LLC ("Debt Seller"), and at that time, Debt Seller assigned all of its interest in the Account, including the right to any proceeds from the Account, to Plaintiff (the "Purchase"). As part of the Purchase, Business Records relating to the Account were transferred to Plaintiff and incorporated into Plaintiff's Business Records. To the extent Business Records included records prepared by a third party, including but not limited to the Original Creditor, such records were incorporated into Plaintiff's Business Records. Following the Purchase, those Business Records were maintained in the ordinary course of Plaintiff's business. ADA Accommodations Spoken or Sign LanguageInterpreters , ¡ 1-800-COURT-NY ada@nycourts.gov" 212-428-2760 interpreter@nycourts.gov" 646,386-5670 (268-7869)/12914 2 of 22FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 UCS-CCR6 (05/2022) Page 2 of 3 5. As set forth in the attached affidavits submitted herewith, the complete chain of title, with the date of each sale or assignment of the Account, is as follows: Assignor Date of Transfer Amount at time of transfer Transfer 1: Comenity Capital Bank 02/23/2021 $3,889.47 Transfer 2: WSFS, FSB, as Trustee for CVI AMR 03/27/2023 $3,889.47 Investment Trust Transfer 3: Resurgent Acquisitions LLC 03/27/2023 $3,889.47 Current Owner: LVNV Funding LLC 6. [Check this paragraph if seeking judgment on revolving consumer credit account] la At this time, Defendant owes $3,889.47 on the Account. This amount includes a charge-off balance of $3,889.47, post-charge-off interest of $0.00, post-charge-off fees and charges of $0.00, less any post-charge-off credits or payments made by or on behalf of the Defendant of $0.00. 7. [Check this paragraph if seeking judgment on a non-revolving consumer credit account] O At this time, Defendant owes $3,889.47 on the Account. As set forth in the exhibits attached hereto and made a part hereof, this amount is broken out by (i) principal; (ii) fmance charge or charges; (iii) fees imposed by the original creditor; (iv) collection costs; (v) attorney's fees; (vi) interest; and (vii) any other fees and charges, less post-sale credits or payments made by or on behalf of the Defendant of $0.00. 8. As set forth in New York CP LR Article 50, the interest rate applicable to the Account pursuant to section five thousand four of this chapter applies. 9. [Check if not seeking post-judgment interest] O Plaintiff explicitly dis claims any right to post-judgment interest on this Account. WHEREFORE, deponent demands judgment against Defendant for $3,889.47, (plus interest from 11/02/2023, if applicable), together with the costs and disbursem*nts of this action. The above statements are true and correct to the best of my personal knowled Dated: 11/02/2023 AfEant Signature Rudy Hernandez Affiant Name Sworn to before me this 2 day of November. 2021. Notary Public . ³sio ·. o/12914 3 of 22FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398 g. w...oacenassiss· CeyNYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 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 Dianna Yocom, 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 November 2, 2023. yler Dolphin Attorn a Law, State of South Carolina 4 of 22FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 UCS-C CR6 (05/2022) Pag e 3 of 3 Exhibits to be Attached to Affidavit 1. Bill of Sale from Debt Seller to Plaintiff 2. Most Recent Charge/Payment/Balance Transfer Statement 3. Additional Books and Records evidencing: a. Defendant's Full Name b. Balance due and last 4 digits of Account Number printed on Most Recent Monthly Statement reflecting charge/payment/balance transfer c. Last Payment Date and Amount d. Charge-off Date and Amount e. Delinquency Date and Amount f. Post Charge-off/Delinquency Interest and/or Fees g. Post-Charge-off/Delinquency Credits [Note: A Certificate of Conformity is only required for affidavits specific to real property transactions.]/12914 5 of 22FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 Debt Buyer Plaintiff Data Sheet Consumer Account Number: XXXXXXXXXX3150 Plaintiff Cross Ref Number: 705097477 Consumer First Name: Peter Consumer Middle Name: Consumer Last Name: Jubie Consumer Suffix: Charge Off Date: 01/31/2021 Charge Off Balance: $3,889.47 Balance Due: $3,889.47 Last Payment Date: 06/19/2020 Last Payment Amount $234.00 Delinquency Date: 08/10/2020 Post Charge Off Payments & Credits: $0.00 Post Charge Off Interest: $0.00 Post Charge Off Fees: $0.00/12914 6 of 22FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 Charge-Off Bill of Sale Comenity Capital Bank to CVI AMR Investment Trust As of February 22, 2021, for value received and in further consideration of the mutual covenants and conditions set forth in the Receivables Purchase Sale and Servicing Agreement (as may be amended, restated, supplemented or otherwise modified from time to time, the "Purchase Agreement"), dated as of December 11, 2019, by and among Comenity Capital Bank, a Utah industrial bank ("Bank"), CVI AMR Investment Trust, a Delaware statutory trust ("Investment Purchaser"), CVI AMR Acquisition Trust, a Delaware statutory trust ("Acquisition Purchaser"), Bank hereby transfers, sells, conveys, grants, and delivers to Investment Purchaser, its permitted successors and assigns, to the extent of Bank's ownership, the Accounts as set forth in the Notification File, a copy of which is attached hereto and incorporated herein by reference as "Exhibit A". The parties hereto acknowledge and agree that legal title to each Account purchased by Investment Purchaser shall be held by, and in the name of, "Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee of CVI AMR Investment Trust". Capitalized terms used but not otherwise defined herein shall have the meanings set forthin (or by reference in) the Purchase Agreement. [Signature Page Follows]/12914 7 of 22FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 Comenity Capital Bank CVI AMR Investment Trust By: CVI AMR Holdings II LP, By: Its: Administrator Name: Bruce Bowman Title: Chief Credit Officer By: CVI AMR Holdings GP, LLC, Date: 2/22/21 Its: General Partner By: CVI CVF IV Master Fund II LP, Its: Member/Manager By: CarVal CVF IV GP LP, Its: General Partner By: CVI General Partner, LLC, Its: General Partner By: Name:C rist her berg Title: Authorized Signer Date: 02/23/2021 Signature Page to Charge-Off Bill of Sale/12914 8 of 22FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 EXHIBIT A to Bill of sale Notification File 'CarVal_FEB_2021_DPL_CCB.TXT' Notification File is an electronic file named created on February 11, 2021, and is hereby incorporated by reference./12914 9 of 22FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 ASSIGNMENT OF ACCOUNTS AND BILL OF SALE CVI AMR Investment Trust, a Delaware statutory trust (the "Seller"), for value received and pursuant to the terms and conditions of the Purchase and Sale Agreement ("Agreement") dated March 27, 2023 between Seller and Resurgent Acquisitions LLC ("Buyer"), does hereby sell, assign and convey to Buyer, its successors and assigns, all right, title and interest of Seller in and to those certain Purchased Accounts listed in Exhibit A of the Agreement including without limitation, the right to collect all principal and/or interest and/or other amounts due or to become due thereunder (including, without limitation, all amounts included in the related Unpaid Balances) and/or other proceeds of any kind paid or collected for payment thereon after the Cut-off Date, and all proceeds of the foregoing, without recourse and without representation of, or warranty of, collectability, or otherwise, except to the extent provided for within the Agreement. Capitalized terms used but not defined herein have the respective meanings assigned thereto in the Agreement. 752880741/12914 10 of 22FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 CVI AMR INVESTMENT TRUST, as SELLER: By: Wilmington Savings Fund Society, FSB, not in its individua pacity, but solely as Grantor Trustee ofthe Seller By: \ Name: Mary Pagano Emily Title: Vice President [Assignmentof Accountsand BillofSale]/129M -------- -- -- 11 of 22FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 Transfer and Assignment Resurgent Acquisitions LLC ("RALLC"), without recourse, to the extent permitted by applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to LVNV Funding LLC ("LVNV") 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 March 02, 2023 delivered by WSFS, FSB, as Trustee for CVI AMR Investment Trust on March 27, 2023 for purchase by RALLC on March 27, 2023. The transfer of the Assets included electronically stored business records. Dated: March 27, 2023 Resurgent Acquisitions LLC a Delaware Limited Liab lity Company By: N : Jackson Walker Tit : Authorized Representative Dated: March 27, 2023 LVNV Funding LLC a Delaware Limited Liability Company Hame: I aniel Picciano Title: Authorized Representative/12914 12 of 22FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 Exhibit A Receivables File 03.27.23 P1041575_CVI_AMR_Closing_File_20230327Active_20230327 Transfer Group Portfolio Transfer Batch 901112 41575 N/A/12914 13 of 22FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 ExHIBITs Matter #: 494947 AFT-EXH-CCFA_LVNV_DB 10855 14 of 22FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 ....--...............---..............---...............---..............-------..............--...............................................................--.---.......................................... PAGE 1OF4 Summary of account activity Payment information Accountno. ****-****-*"*-3150 Newbalance $3,889.47 Minimumpaymentdue $938.00 Previousbalance $3,799.12 Paymentduedate 02/10/2021 Payments 0.00 Othercredits 0.00 Late payment warning: Purchases 0.00 Ifwedo notreceiveyourminimumpaymentby 02/10/2021you may Otherdebits 0.S fave to pay upto a $ 00late ee. Feescharged 40,00 Minimumpaymentwarning: Ifyoumakeonlytheminimum Interestcharged 50.35 paymentfor eachperiod,youwill pay morein Interestandit willtake Newbalance $3,889.47 youlongerto payoffyourbalances.Forexample: Pastdueamount 820.00 If you makenoadditional Youwill payoff Andyouwill Creditlimit $3,830,00 chargesusingthis card thebalanceshown end up payingan Availablecredit $0.00 andeachmonthyou pay: on thestatement estimatedtotal in about of- Statementclosingdate 01/15/2021 Daysin billingcycle 31 Onlytheminimumpayment 6years S5350 Forinformationregardingcreditcounselingservices, call1-800-284-1708. If youdonot payyourPlan761-00001balanceof $2,251.69byAug14, 2024 anyremainingbalancewiIIbeassessed interestat thestandardpurchaseAPR. If youdonot payyourPlan761-00002balanceof $1,470.26by Jan 11, 2025 anyremainingbalancewill beassessed interestat the standardpurchaseAPR. f voureturnedan itemthatwasona promotionalplanýd haveanmtionswith hcÅvthereturnnasappliedto your our p e cal m. 5kip ssning in to payanuusecornenit/s EasyPay,lt safeandconvenient.Useyoursmartphone cameraor code readerto scantheQfi codeprintedonyourpayrnentstubbelowto ret started. Details of your transactions ..¶RA DA CTOND RI 10 OcA 10 A UNT Fees 01/10/2021 LATEFEE 40.00 Totalfeeschargedfor this period $40.00 .............................................................................................................................................................-................................... Interest charged Interestchargeon purchases $50.35 Total interestfor this period $50.35 2021totaleyearto date Totalfeeschargedin2021 $40.00 TotalInterestchargedin 2021 $50.35 . .. Interest charge calculation YourAnnualPercentage Rate(APR)is theannualinterestrateonyouraccount.SeeBALANCECOMPUTATION METHOD onpage2 formoredetails.MInlmuminterestchargemayexceedinterestchargebelow,peryourcreditcardagreement. TYPE OF BALANCEsUBJECT INTEREST BALANCE APR TOINTEREsTRATE CHARGE Purchases 28.9900% 133.48 3.29 (CoNTINUED) ........................................... NORCE: See . side ..-revenge .. .. infomia¬on. .. forimportant ......--............... -.................. -.. Account number ****-****-****-3150 Newbalance Minimum payment F I NA NCI N a $3,889.47 $938.00 994 Malled mentsmustreachus by 6pmET Yes,I havemovedorupdatedmy ¡ e-madaddress-see reverse. Amount on0 enclosed: 021. Pleasemakecheckpayableto: Pleaserelumthisportionalongwithyourpaymentto: PETERJUBIE 648STATEROUTE214APTA PO BOX 659622 CHICHESTERNY12416-6136 SAN ANTONIO TX 78265-9622 10855 15 of 22FILED: ULSTER COUNTY CLERK 12/13/2023 01:32 PM INDEX NO. EF2023-1398NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/13/2023 ..............--.................._ _................................................................................................................................................................ Keep thisportion foryourrecords. What ToDoIf YouThinkYou FindAMistake OnYour Statement REPORTING. Wemayreport about to Ifyouthinkthereisanermronyourstatement, writetousat:Comenity CREDIT creditbureaus. Latepayments, missed information youraccount orotherdefaults onyour Capital BankPOBox182620, Columbus, Ohio43218-2620. payments, account maybereflected inyourcreditreport. Inyourletter, giveusthelollowing information: " Account Information: Yourname andaccount number. NOTICE OFCREDIT REPORT DISPUTES Ifyoubelieve theaccount " Do/lar amount: Thedollaramount ofthesuspected error, information wereported toaconsumer reporting agency isinaccurate, you " Descrip ionofProblem: Ifyouthinkthereisanerroronyourbill, maysubmit adirectdispute toComenity Capital BankPOBut182120, describe whatyoubelieve iswrong andwhyyoubelieve it isamistake. Columbus, Ohio43218-2120. Yourwritten dispute mustpmvide sufficient information toidentify theaccount andspecify whythemformation is Youmustcontact uswithin60days aftertheerrorappeared onyour inaccurate: statement. " Account Information: Yourname andaccount number " Youraddress andtelephone Youmustnotifyusofan potential errors inwriting. Youmaycallus,butit " Contact Information: number youdowearenotrequirbtoinvestigate anypotential errors andyoumay Disputed Information: identify theaccount information disputed and havetopaytheamount inquestion. explain whyyoubelieve it isinaccurate . " Documentatiom It available, provide acopyofthesection of '-' While wemvestigate whether ornottherehasbeen anerror, thefollowing Supporting aretrue: thecreditreport showing theaccount information youaredisputing " Wecannot trytocollecttheamount inquestion, orreport youas Wewillinvestigate thedisputed information andreport theresults toyou delinquent onthatamount. within30days ofreceipt oftheinformation needed forourinvestigation. If " Thecharge inquestion mayremain onyourstatement, andwemay wefindthattheaccount information wereported isinaccurate, wewill continue tocharge youinterest onthataÀount. But,ifwedetermine that promptly provide thenecessagy correction toeachconsumer reporting wemade a mistake, youwillnothave topaytheamount inquestion or agency towhichwereported theinformation. anyinterest orotherfeesrelated tothatamount. PAYMENTS MARKED "PAID INFULL'.AIIwritten communications " While youdonothave topaytheamount inquestion, youareresponsibleregarding disputed amounts thatinclude anycheck orotherpayment fortheremainder ofyourbalance. instrument marked with"payment infull"orsimilar language, mustbesent " Wecanapply anyunpaid amount against yourcreditlimit, to:6550NorthLoop1604East, Suite101,SanAntonio, TX78247-5004. DONOT USE THEENCLOSED REMETTANCE ENVELOPE. Your Richts It You he DissatisGed EVim Your DeditcentAuchases - Wemayaccept payment senttoanyotheraddress without losing anyof Ityouaredissatisfied withthegoods orservices thatyouhavepurchased ourrights. - Nopayment withyourcreditcard,andyouhave triedingood faithtocorrect the shalloperate asanaccord andsatisfaction without prior problem withthemerchant, youmayhave therightnottopaytheremainingwnttenapproval. amount dueonthepurchase, Tousethisright,allofthelollowing mustbetrue: 1-877-741-0132 (TDDfITY 1-888-819-1918). 1.Thepurchase musthave been made inyourhome stateorwithin100 TELEPHONE MONITORING. Toprovide youwithhigh ualityservice, phone milesofyourcurrent mailing address, and thepurchase price must have communication with usismonitored and/or recorded. beenmore than$50.(Note: Neither ofthese isnecessary ifyourpurchase ADDITIONAL m based ona a iseme mailed toyou,oritweownthecompanyontheIIontoINFORMATION. fyourstatement, The mean following 

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