LaneBlane

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LaneBlane last won the day on April 20

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About LaneBlane

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  1. I understand. Do you know whatever happened with the case several months ago that involved a guy writing on his girlfriend's behalf... the one where a JDB asked AAA to order reimbursement of their arbitration fees and costs?
  2. Only a fool (or the government) would pay $1.00 to go after a penny.
  3. They actually followed you into arbitration over $1,100? I would follow fisthardcheese's advise to keep this as slow and expensive as possible for Midland. When they're confronted with the next bill from JAMS, they may decide to cut their losses.
  4. When you prepare your answer, be sure you only address what is specifically claimed. Don't provide them with any additional information.
  5. A spreadsheet is nothing more than a "template" that consists of formulas that will display and calculate numbers in a particular way. The formula fields are populated by numbers that come from an outside data file. I would question the origin of the spreadsheet, as well as the origin of the data file. This will give you two things to challenge.
  6. Thanks for finding this, BV80. Yeah... I'm afraid consumer arbitration is out.
  7. I had a few extra minutes, so I looked for a BofA agreement that was similar. I found this Line of Credit which shares many similarities throughout, including Section 6. I did a search and wasn't able to find anything in the document that specified it was a commercial loan. I would still look through your document to confirm. https://www.sec.gov/Archives/edgar/data/1493137/000107997315000210/ex10x14.htm
  8. I only had enough time to read through the document quickly. The section that predominately identifies the loan as being for business purposes is Section 6. 6.1 says use of the proceeds must be used for business purposes. 6.5 mentions the maintenance of business assets. The contract in my case contains language in bold caps that reads THIS IS A COMMERCIAL LOAN. Go through your loan agreement to see if you can find any similar language. Look through it a couple times to make certain. If there's nothing in the loan that specifically identifies it as a commercial loan, you may have a shot at filing for consumer arbitration with AAA. If the original loan wasn't a business loan, and you have never owned a business, this might just work. By the way, the governing law is North Carolina. See 8.2.
  9. I know exactly what you mean. I was there about 20 years ago. Fortunately, I was able to right the ship before anyone filed a case against me. I would go back and re-read Harry Seaward's posts in this thread regarding admission of evidence (affidavits,witnesses, etc.) Have you looked at your state's civil rules of procedure? Out of curiosity, does the arbitration agreement in your contract specify if the other party will advance the costs and fees of (commercial) arbitration?
  10. I wanted to throw a couple more things out there that could possibly cast a little more doubt on the validity of the loan agreement. If you've never owned a business, why would you take out a business loan? Why would a bank extend a business loan to a consumer? Did BofA automatically withdrawal business loan payments from your personal account or a business account? These don't explain away the automatic payments that were made, showing that some type of loan or financial obligation existed.
  11. Agreements will usually start out by identifying the titles parties are referred to as in the document. For example... This agreement is made by and between ABC Bank ("Lender") and Joe Smith ("Borrower"). BofA may have used this agreement to take the place of loans that originated with a variety of other lenders. This would explain why the original lender is referred to as Bank without being specifically identified. If the BofA agreement is "intended to state and replace original...," the original isn't at issue here. Is there any identifying information on the contract aside from a name, such as an address or account number? Does the signature on the document appear to be Sommers or Wommers (can you tell)? Do any of the other documents provided to you as part of this case include the same misspelling? There may be a very slim chance you could use this to raise doubt as to whether the document is a true and correct copy. Only one letter is transcribed, so I believe the error is easily explainable. If I were in your position, I wouldn't be communicating directly with the attorney to ask for documents. Do you have copies of any letters you wrote to BofA to complain about these problems and demand that they be remedied? Did you ever walk into a branch to get a manager involved in resolving these issues? If the payments were automatically being taken out of your checking account, and you knew what the amount was going to be within a few dollars, why did your payments stop in 2016. Why didn't you ever resume making your payments?
  12. I have a few comments on item 3. In my opinion, you shouldn't offer any information the JDB didn't address or reference. You're stating you had accounts with the original bank. I believe this statement should be removed because it's gratuitous. Also, the new loan document you signed with BofA took the place of the original loan. It didn't amend it. Therefore, the original loan documents don't appear to have any relevance. The moment you signed the BofA loan agreement, you agreed to its terms. Do you have any legitimate doubts as to whether or not the loan agreement submitted by the JDB is a true and correct copy? What does the print quality look like? Does it have black specks/splotches over it? Does it appear to have been faxed or copied multiple times? You said the signature was illegible. Is this because it's a poor copy? I'm curious to know if a Plaintiff is required to have an original loan document in their possession, or if a scanned or faxed copy is all they need. If an agreement appears to be a multiple-generation copy, there's no way for anyone to examine it for signs of tampering.
  13. Anyone can claim the numbers are inaccurate, and they very well may be. You need to show they're inaccurate. Have you searched for cases involving your JDB and a BofA commercial loan? I did this with the JDB I was up against and found a few cases that allowed me to track the extent of the documents they were able to submit to the court. This was a huge help. I used a court site for Palm Beach County, FL. It wouldn't hurt to do a search for your JDB, just in case they handle cases in Florida. Link: https://applications.mypalmbeachclerk.com/eCaseView/landingpage.aspx