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Got the validation documents from Midland Funding


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Midland sued me for a Chase account (Circuit City) and they were told by judge they needed to validate the debt. I just got the package of printouts from them and need advice. I got the following:

1. A letter from Midland about them being new owner of the account and what I owed them.

2. Printouts of statements from 2/15/08 to 7/14/09 (the last statement). The "first" statement already had a balance on it, so I'm assuming it's not a first original statement.

3. Bill of sale between Chase and Midland

4. Closing statement between Chase and Midland

5. Affidavit of sale, signed by a Chase employee

Ok, as far as I can tell, there are these issues:

1. No original contract between Chase and myself is included

2. The statements don't go back to the beginning of the account

3. The Bill of sale, closing statement and the affidavit don't name me specifically, but only refer to a sale to Midland of a pool of accounts

What is my next step? Do I send a letter to Midland stating these omissions and see if they have anything?

The original request from Judge stated that they have to give me an original contract between me and Chase "if it exists". I'm not sure what it means. The legal help I got at the time (a law student) said that it meant "if it exists" within the 120 days the Judge allowed them to produce the documents. He said they would still need this when they come in for the court date.

Help!!!

PS. If the debt is validated, can I still negotiate with the lawyer?

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3. The Bill of sale, closing statement and the affidavit don't name me specifically, but only refer to a sale to Midland of a pool of accounts

IMO that's the deal-breaker right there. if your name AND account number is not listed, they can use that bill of sale and say I owe debt, or Dino the Dinosaur, or Barack Obama, or ..... you get the point. hopefully you get the same judge, if so, raise all holy hell on this one. even if you dont, raise all holy hell.

when is the next hearing?

oohhh and you're in NY. great!

you can start with citibank v martin

at 226

an assignee must tender proof of assignment of a particular account

there are a ton more specific for NY. are you in NYC, outside NYC? and are you in civil court, district court or supreme court? not that it matters though

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here is a midland funding case law

midland funding llc v goldberg

Under the circumstances presented, plaintiff's entitlement to any relief largely depends upon the assumption that it has standing to prosecute the action as an assignee. In his first affirmative defense, defendant alleges that plaintiff "lacks standing to bring this action." Moreover, proof of standing is a necessary prerequisite for obtaining any form of relief from this Court. See Midland Funding v. Haye, index no. 09377/09, decision dated November 5, 2009; see also Option One Mortg. Corp. v. Duke, 2009 NY Slip Op 51773(U) (Sup Ct Kings Co. 2009) (denying order of reference in mortgage foreclosure case upon sua sponte inquiry into plaintiff's standing); LVNV Funding v. Delgado, 2009 NY Slip Op 51677(U) (Dist Ct Nassau Co. 2009)(requiring proof of assignment before Court will entertain application for extending time to serve alleged debtor).

On the other hand, the legitimate owner of an assigned debt claim is entitled to all the rights and privileges of the original creditor. Once it establishes its standing, it is entitled, by law, to seek judgment upon the underlying claim through appropriate evidence of defendant's indebtedness. See Citibank, N.A. v. Martin, 11 Misc 3d 219, 225-6 (Civ Ct NY Co. 2005).

Consistent with the foregoing, the instant motion is held in abeyance, subject to plaintiff's submission to the Court of a complete copy of the alleged assignment. It must include any referenced attachments and related agreements, with all referenced assigned accounts included as part of the submission.

because its a midland funding case, USE IT TO YOUR ADVANTAGE at your next hearing if they still have not provided you with a complete bill of sale.

good luck

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Guest usctrojanalum

1. No original contract between Chase and myself is included

Not needed. Probably does not exist either, I've opened 15 CC's and never once in my life have I ever signed a contract.

2. The statements don't go back to the beginning of the account

Not important either.

3. The Bill of sale, closing statement and the affidavit don't name me specifically, but only refer to a sale to Midland of a pool of accounts

This I think is the most important, and is a viable defense to try and use to persuade the judge into believing midlands evidence is insufficient.

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After I looked at the statements more closely, I can see that the APR on the account varied every month from anywhere around 20% to 48%!!! Is that legal? Isn't there some usury statute to that affect?

Also, is this considered a store card and subject to 4yr SOL? It's backed by Chase and payments were made to Chase.

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