Texas AG Greg Abbott brings suit against Robo-Signers

[yarnaholic]

Just found this and thought I'd give back

Robosigners Beware: Texas AG Greg Abbott brings suit against Midland Funding, Midland Credit Mgmt, and Encore Group,Inc. for submitting fraudulent mass-produced affidavits in credit card debt suits against tens of thousands of Texans

[texasrocker]

Old news.

[antiquedave]

Just found this and thought I'd give back

Robosigners Beware: Texas AG Greg Abbott brings suit against Midland Funding, Midland Credit Mgmt, and Encore Group,Inc. for submitting fraudulent mass-produced affidavits in credit card debt suits against tens of thousands of Texans

Old news or not, thanks for taking the time to post the link, I had not seen this one from the Texas AG before

[Public Enemy]

What was the result of the suit?

[Seadragon]

Thanks for nothing Texas AG. "Don't mess with Texas" indeed. It must have been near election time.

They settled that one for a paultry sum and then in the settlement basically told them they had to follow the law.

I hate these Class actions against big companies that don't do anything.

I think the only way to go would be file an SECcomplaint after buying 1 share of stock with midland or who/whatever the hell they call themselves. I believe you can check their statements to see if they say they are complying with all laws and such.

The economy has been handed to these azzholes for cents on the dollar while WE paid top dollar to bail the financial industry out. Enough rant, Every single person fight these jerks. They are beatable.

[texasrocker]

What was the result of the suit?

Seadragon hit the nail right on the head. Greg Abbott is a joke.

The Compliance Agreement directly addressed Midland’s process for preparing and executing such affidavits. Specifically, paragraph 3(a)(i)-(iii) of the Compliance Agreement requires:

“a) In connection with the use of affidavits in any court in the State of Texas for the collection of Consumer Debts:

i) Midland will not file an affidavit in a Texas court unless

(a) the facts stated in the affidavit are based upon the affiant’s review of the business records of Midland or his or her personal knowledge and

(b)the affidavit is signed in the presence of a notary;

ii) For affidavits used to substantiate a Consumer Account, Midland shall include the following information in affidavits executed after the date of this AVC and filed in any Texas court to the extent the information is known to Midland or in Midland’s possession:

the identity of the Original Creditor;

the identity of the subsequent owners of the Consumer Account;

last four digits of the original account number; date of charge off of the Consumer Account by the Original Creditor;

the amount charged off by the Original Creditor;

and the current balance owed on the Consumer Account.

To the extent the current balance owed includes any post charge-off interest, fees or other charges, such amounts shall be stated separately.

Amounts sought, if any, representing attorneys’ fees or reimbursement of court costs shall be supported in accordancewith applicable statutes, court rules or procedures.

iii) Midland will employ paralegals or other legal spe******ts to review and sign affidavits, to confirm that any Consumer and Consumer Account information referenced in those affidavits is consistent with information contained in Midland’s business records and data, and to review any attachments to proposed affidavits to confirm that true and correct copies of the referenced documents are attached.”

You can read more about it here (pdf file)-

http://tinyurl.com/aoteaac

[Flyerfan]

Hmmm. So they have to follow the law like everyone else now. Pretty stiff penalty. I'm sure they learned their lesson.

[yarnaholic]

Old news or not, thanks for taking the time to post the link, I had not seen this one from the Texas AG before

You're welcome I'd never seen it and have been "researching" for weeks now. It doesn't apply to my case since I'm dealing with an OC but I thought it might be helpful for somebody. I didn't know the outcome either... wish it had turned out better.

[texasrocker]

Texas is grossly in need of a new Attorney General.

Edited November 17, 2012 by texasrocker