antiquedave Posted April 7, 2011 Report Share Posted April 7, 2011 Anyone got a copy of the affidavit they are referring to in the lawsuit? Link to comment Share on other sites More sharing options...
voidjudgment Posted April 7, 2011 Report Share Posted April 7, 2011 I think they are all robo-signers. I pulled several affidavits the other day and some were affiants on one affidavit and then the notary on other affidavits and vice-versa. The Courts are going to have to deal with this sooner or later. Link to comment Share on other sites More sharing options...
antiquedave Posted April 7, 2011 Author Report Share Posted April 7, 2011 While I would like to get a copy of the Midland Affidavit, a couple from another CA or used by CAP 1 that shows the switching around of signors would be interesting and possibly helpful too.I'm contesting the affidavit used as evidence as being false among other things Link to comment Share on other sites More sharing options...
VADebtor Posted April 7, 2011 Report Share Posted April 7, 2011 I'm sorry if this is slightly off topic, but if Midland has been sued for robo-signing, what prevents Midland defendants from pulling those suits and making the same claims as counterclaims in the individual collection actions Midland brings? This might be a way to force this in front of judges. Link to comment Share on other sites More sharing options...
antiquedave Posted April 7, 2011 Author Report Share Posted April 7, 2011 I'm sorry if this is slightly off topic, but if Midland has been sued for robo-signing, what prevents Midland defendants from pulling those suits and making the same claims as counterclaims in the individual collection actions Midland brings? This might be a way to force this in front of judges.The process that all of these affidavits go by is suspect, printed off in stacks of hundreds and signed without review Link to comment Share on other sites More sharing options...
WhoCares1000 Posted April 7, 2011 Report Share Posted April 7, 2011 First off, this is a case by and in the State of Minnesota. You can bring this up in a case in another state but the judge is not bound by that action at all. Also, realize that Midland is only accused and has not been convicted yet. The law of the land is still innocent until proven guilty.Now, in the State of Minnesota, you could file a motion for continuance saying that your case cannot go on until the issue is resolved in the case of Minnesota v Midland. Realize though that as long as your case stays open, the SOL it tolled until there is a resolution. Midland could dismiss w/o prejudice but then they would have to hope the situation is resolved before the SOL runs out (or could simply sell it to someone who is not in the same position they are and can sue you). Link to comment Share on other sites More sharing options...
antiquedave Posted April 7, 2011 Author Report Share Posted April 7, 2011 First off, this is a case by and in the State of Minnesota. You can bring this up in a case in another state but the judge is not bound by that action at all. Also, realize that Midland is only accused and has not been convicted yet. The law of the land is still innocent until proven guilty.Now, in the State of Minnesota, you could file a motion for continuance saying that your case cannot go on until the issue is resolved in the case of Minnesota v Midland. Realize though that as long as your case stays open, the SOL it tolled until there is a resolution. Midland could dismiss w/o prejudice but then they would have to hope the situation is resolved before the SOL runs out (or could simply sell it to someone who is not in the same position they are and can sue you).I want to be able to compare it to the affidavit I received, I have issues about the one I was sent as it is an obvious template where only fields like name amount owed and account number are replaced. I have a second copy of that one. Whats to say someone can't use the same logic from the Minnesota case? I am a collector and now I'm collecting documents and opinions from Collection Lawsuits, never know what might be helpful.As soon as I can get a break for a few weeks I'm going to start calling and see if I can get copies of some of the dcuments and such used in landmark cases, Opinions are wonderful but I want t look at the mechanics of some of them. Link to comment Share on other sites More sharing options...
voidjudgment Posted April 7, 2011 Report Share Posted April 7, 2011 Judge Katz is certainly on to them in Ohio. Encore employees determined the validity of a debt "based entirely" on a printout. In the same instant case, a Midland employee testified in a deposition that he signs 200 to 400 affidavits a day, few of which are reviewed for accuracy. Judge Katz ruled that the company violated U.S. and state laws by trying to recoup soured credit-card debt using a fraudulent affidavit. My experience is that they are all fraudulent. Further, one "affiant" allegedly signed an affidavit every 13 seconds during her daily work period. Link to comment Share on other sites More sharing options...
Alice44 Posted June 20, 2011 Report Share Posted June 20, 2011 While I would like to get a copy of the Midland Affidavit, a couple from another CA or used by CAP 1 that shows the switching around of signors would be interesting and possibly helpful too.I'm contesting the affidavit used as evidence as being false among other thingsI found a PDF case in AK, in which the affiant on the Affidavit is the Notary on mine. That one was dated September of 2010, mine (not scanned so I can't send that one) is dated December 2010. In other words just the switching you are speaking of. I'm not allowed to post a link so look up Capital One vs Vaughan in Ark. One attorney listed is Donal C. TippettOn page 6 Margaret Parton is the affiant, on my affidavit she is the Notary. Link to comment Share on other sites More sharing options...
inthesticks Posted June 20, 2011 Report Share Posted June 20, 2011 Not sure if this will help you but I posted a list of Cap1 affidavits I found here There are more that can be found, just google "I am over 18 years old and competent to make this affidavit" or other quotes from the affidavit - they are all identical except for amounts/names. Link to comment Share on other sites More sharing options...
debtfighter Posted June 20, 2011 Report Share Posted June 20, 2011 I'm sorry if this is slightly off topic, but if Midland has been sued for robo-signing, what prevents Midland defendants from pulling those suits and making the same claims as counterclaims in the individual collection actions Midland brings? This might be a way to force this in front of judges.Right now Judge David Katz has it stopped until Midland v. Brent is final. If a person wishes to preserve a claim I hope they had the sense to opt out of the law suit as a class member. Link to comment Share on other sites More sharing options...
debtfighter Posted June 20, 2011 Report Share Posted June 20, 2011 I reviewed 75 active cases in my county and they were all identicle with the exception of the affiant, notary and account information. Link to comment Share on other sites More sharing options...
Alice44 Posted June 20, 2011 Report Share Posted June 20, 2011 Thanks for the info. Link to comment Share on other sites More sharing options...
Seadragon Posted June 20, 2011 Report Share Posted June 20, 2011 Foir violations of consumer protection. You see a class action settlement does not block the states from persuing claims. Link to comment Share on other sites More sharing options...
johnnae Posted June 20, 2011 Report Share Posted June 20, 2011 Can anyone share where a copy of these cases can be found? The Ohio one and the Minnesota one? I think I would like to reference them in my Motion to Dismiss in Arizona. Link to comment Share on other sites More sharing options...
debtfighter Posted June 20, 2011 Report Share Posted June 20, 2011 Can anyone share where a copy of these cases can be found? The Ohio one and the Minnesota one? I think I would like to reference them in my Motion to Dismiss in Arizona.I haven't tried it, but you probably can pull it up on pacer. Link to comment Share on other sites More sharing options...
Noway Posted June 21, 2011 Report Share Posted June 21, 2011 GOOGLE ANY CASE YOU WISH TO PULL UP, EXAMPLE BRENT VS MIDLAND Link to comment Share on other sites More sharing options...
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