Complaint Limited Filed by Assignee 5K

Cal. Super. - 6th Dist.April 7, 2021

E-FILED 4/7/2021 8:52 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV379914 Reviewed By: V. Taylor 21CV379914 N Ab.) OOOONOUI 12 l3 15 16 17 18 l9 2O 21 22 23 24 25 26 27 28 JACK H. POGOSIAN, State Bar No.2 305741 MANASI TAHILIANI, State Bar No.: 272821 CHRISTINA ARNOLD, State Bar No.: 297590 HYO JIN JULIA JUNG, State Bar No.: 316090 MELINE GRIGORYAN, State Bar No.: 321 133 MICHAEL D. KAHN, State Bar No.: 236898 NICHOL ALAN DE GUZMAN, State Bar No.: 3 14989 CAMRYN P. BERK, State Bar No.: 317565 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO, CA 92108 Telephone: (866) 300-8750 Facsimile: (858) 309-1588 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT MIDLAND CREDIT MANAGEMENT, INC. Case N0. Plaintiff, COMPLAINT FOR: vs. (1) Account Stated JASSO MELISSA; PRAYER AMT: $2,661.99 and DOES l through 10, inclusive LIMITED Defendant. MIDLAND CREDIT MANAGEMENT, INC, (”Plaintiff"), by counsel, sues JASSO MELISSA, (“Defendant”) under Account Stated and in support thereof states: 1. Plaintiff is authorized t0 d0 business in CALIFORNIA, with its principal place of business at 350 CAMINO DE LA REINA SUITE 100 SAN DIEGO CA 92108. Plaintiff owns portfolios of consumer receivables, which it attempts t0 collect. Plaintiff strives t0 treat its consumers, such as Defendant, with respect, compassion and integrity, hoping t0 provide mutually-beneficial opportunities for consumers t0 repay their debts and attain financial recovery. 2. Defendant is a resident 0f SANTA CLARA County, State 0f California and is subject t0 this Court’s jurisdiction. 3. Plaintiff is unaware of the true names and capacities 0f Defendants sued by the fictitious names DOES 1 through IO. Plaintiff will ask leave of court to amend this complaint as and when the true names and capacities 0f Defendants named herein as DOES 1 through 10 have been ascertained. Pursuant to California Civil Code (“CA CIVIL”) §1788.58(a)(1)-(9), Plaintiff alleges: 4. Plaintiff is a debt buyer as defined by CA CIVIL §l788.50(a). _ 1 _ COMPLAINT CA_OI3ZG File No.: 21-39095 l\.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CA_013ZG File No.2 21-39095 11. Defendant established a credit account (the “Account”) with CREDIT ONE BANK, N.A.. The amount due is the result 0f transactions that occurred 0n the Account. Defendant was provided statements evidencing Defendant’s use 0f the Account and the balance due. Defendant failed to make the required payments and subsequently defaulted 0n the Account 0n December 02, 2019. Thereafter, Plaintiff was assigned all rights, title, and interest in the Account. Plaintiff is the sole owner 0f the debt. Attached as Exhibit A is a true and correct copy 0f the Bill 0f Sale from Credit One Bank, N.A., t0 Plaintiff. The Account was purchased by Plaintiff 0n July 24, 2020. The Account balance at the time of charge-off was $2,661.99. Plaintiff alleges that the date of default is December 02, 2019 and the date 0f the last payment was October 25, 2019. The name 0f the charge-off creditor at the time of charge-off is CREDIT ONE BANK, N.A.. The address utilized by CREDIT ONE BANK, N.A. at the time of charge-off was P.O. BOX 98873 LAS VEGAS,NV 89193. At the time 0f charge off, the account number associated with the debt was XXXXXXXX-XX-8377. The name 0f the debtor as it appeared in the records of CREDIT ONE BANK, N.A. is JASSO MELISSA and the last known address as it appeared in the records 0f CREDIT ONE BANK, N.A. is 2226 CAPISTRANO DR SANTA CLARA CA 9505 l. The name and address of all post charge-off purchasers of the debt are as follows: Name Address MHC RECEIVABLES, LLC P.O. BOX 98873 LAS VEGAS NV 89193 SHERMAN ORIGINATOR III LLC 200 MEETING STREET SUITE 206 CHARLESTON SC 29401 MIDLAND CREDIT MANAGEMENT, 350 CAMINO DE LA REINA SUITE 100 SAN INC. DIEGO CA 92108 Plaintiff has complied with the provisions 0f CA CIVIL §1788.52. Plaintiff informed Defendant 0f the assignment 0f the Account. Pursuant t0 CA CIVIL §1788.58(b), attached as Exhibit B is a true and correct copy 0f a monthly statement recording a purchase transaction, payment, or balance transfer while the Account was active as required by CA CIVIL §1788.52(b). Attached as Exhibit C is a true and correct copy 0f a billing statement that was mailed t0 Defendant stating the balance due 0n the Account at 0r around the time 0f Charge-off. -2- COMPLAINT 10 ll 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 14. 15. 16. 17. 18. 20. 2|. 22. Plaintiff acquired all right, title, and interest t0 the Account. T0 the extent that Plaintiff acts in its capacity as successor-in-interest to the original creditor or its assigns, references herein t0 Plaintiff may include Plaintiff’s predecessor-in-interest. Plaintiff has attempted t0 contact Defendant through several means in an effort t0 resolve the Account, but has been unsuccessful. Defendant has not repaid this debt. Plaintiff works with consumers like Defendant to find mutually acceptable solutions, often offering discounts, hardship plans, and a variety 0f payment options. The majority 0f Plaintiff‘s consumers ignore calls or letters, and some simply refuse to repay their obligations. When this happens, Plaintiff must decide whether t0 pursue collection through legal channels, including litigation such as the present action against Defendant. Nonetheless, Plaintiff remains interested in discovering a mutually beneficial solution through voluntary payments, if possible, in this case. Before commencement of this action, Plaintiff informed Defendant in writing, that it intended t0 file this action and that this action could result in a judgment against Defendant that would include court costs allowed by California Code 0f Civil Procedure § 1033(b)(2). FIRST CAUSE OF ACTION ACCOUNT STATED Plaintiff realleges and incorporates by reference the foregoing paragraphs. An account was stated in writing between Defendant and CREDIT ONE BANK, N.A.. Defendant opened and derived benefit from the Account. By using the Account, Defendant expressly or impliedly promised to repay CREDIT ONE BANK, N.A.. Within the last four years, Defendant became indebted 0n the Account. On the Account, a balance 0f $2,661.99 was stated t0 be due to CREDIT ONE BANK, N.A. from Defendant. Plaintiff has n0 record of Defendant objecting t0 the balance due. Before the commencement of this action, Plaintiff was assigned the Account and indebtedness. Plaintiff is now the sole owner 0f the Account. Plaintiff has made a demand 0n Defendant for repayment of the Account, but Defendant has failed to pay the balance due. The current balance presently due and owing is $2,661 .99 which includes payments, set- offs, credits 0r allowances, if any, at 0r after charge-off. 3 CA_0132G File No.1 21-39095 COMPLAINT DJ 10 11 12 13 14 l6 17 18 20 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiff requests judgment against Defendant for $2,661.99, costs 0f this action and post judgment interest at the statutory rate. Plaintiff waives any claim for pre- judgment interest and attorney's fees. Dated: yzg /zo Z i MIDLAND CREDIT MANAGEMENT, INC. By: (Um E] JATKH. POGOSIAN D MANASI TAHILIANI D HYO JIN JULIA JUNG QMELINE GRIGORYAN D CHRISTINA ARNOLD D MICHAEL D. KAHN D NICHOL ALAN DE GUZMAN D CAMRYN P. BERK 4 COMPLAINT CA_0132G File No.2 21-39095 EXHIBIT A AA_0125 File No.2 2l-39095 BILL OF SALE AND ASSIGNMENT OF ACCOUNTS AND RECEIVABLES FROM SHERNIAN ORIGINATOR HI LLC TO NIIDLAND CREDIT MANAGEMENT. INC. Shannan Originator [[1 LLC (“Seller”), the owner of certain accounts and associated receivables (hereinafter referred to collectively as “Purchased Accounts”), for value received and 'm accordance with the terms of the Purchase and Sale Agreement, by and between Seller and Midland Credit Management, Inc. (“Buyer”), dated as ofMarch 18, 2020 (“Agreement”); does hereby sell, assign and transfer to Buyer, its successors and assigns, all right, title and interest in and to the Purchased Accounts as described on the computer file named 20200722_Cthff_Final_Sale_Excel_CreditOne_Encore_July20_6714] 7_728628-1_append data (the “Computer File"), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”. This Bill of Sale and Assignment of Accounts and Receivables is subject to the terms of the Agreement and is made without representations and warranties of any kind or character except as expressly stated in the Agreement, or as expressly stated below. With respect to information for the Purchased Accounts described in the related Computer File, to the best of Seller’s knowledge, Seller represents and warrants to Buyer that such information (i) is materially complete and accurate; (ii) constitutes Seller’s own business records that pertain to the Purchased Accounts and accurately reflects in all material respects the information in Seller’s database; (iii) was kept in the regular course of Seller’s business; (iv) was made, entered or compiled in the regular course of business; (v) was recorded at or near the time the underlying activity occurred, by a person with knowledge of the data recorded; (vi) has been accurately maintained in Seller’s database since it was recorded there; and (vii) it is the regular practice of Seller’s business to maintain and compile such data. This Bill of Sale and Assignment of Accounts and Receivables may be entered as evidence of ownership for any of the Purchased Accounts conveyed hereby. Closing date: July 24, 2020 SHERMAN ORIGINATOR III LLC By: MW Name:{ xHMi-Z 1 m6; \J M. U 5"" MIDLAND CREDIT MANAGEMENT, INC. MQ/ By: Name: Sarah Cosgrave Title: MVP of Business Development BILL OF SALE AND ASSIGNMENT 0F ACCOUNTS FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLFS, LLC As of June 30, 2020, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Credit One Bank, NA. (“Assignor”) has transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivcmd to MHC Receivables, LLC (“Assignm”), all of Assignor‘s right, title and interest in and to (i) the charged-off credit card accounts identified on an account level basis in the data file named CreditOnej‘r-esh_Encore~072020 (the “Computer File"), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”; and. (ii) certain related accOunL level media 0r elecu‘onic wfiies thereof (including, but not limited Lo applications. statements, terms and condition), and (iii) all claims or rights an'sing out of or relating to each account referenced on the Computer File (collectively hereinafter, thc “Accounts”) including, but not limited to, all claims and rights afforded each Account by virtue of that Account’s corresponding terms and conditions. The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each transferred to Assignee immediately following charge off for each applicable Account, a5 shown in the Computer File. With respect to information for the Accounts, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to: (i) the Accounts issued by Assignor; and (ii) the sale and assignment of Accounts by Assignor (collectively, the “Business Records”), are. kept by Assignor in the regular course ofits business. It is in the regular coune of business of Assignor for an employee or an authorized representative with personal knowledge of the act, evem, condition, or Opinion (collectively “Event”) to be recorded, to make the appropriate mcmorandum m recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignce that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor‘s custody and control for the Accounts from their creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Accounts shaii serve as evidence of ownership for the Accounts conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Accounts. CREDIT ONE BANK, NA. ary Harlood Vice President w ACCOUNT SCHEDULE The Accaunts pursuant to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK, NA. T0 MHC RECEIVABLES, LLC that are specifically identified in the electronic file named CreditOnej‘r$h_Encore_072020 with such electronic file incorporated herein by reference BILL OF SALE AND ASSIGNMENT OF RECEIVABLES As of June 30, 2020, for good and valuable consideration, the receipt and sufficiency of which is heteby acknowledged, Credit One Bank. NA. (“Assignm”) has transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to MHC Receivables, LLC (“Assignee”), all of Assignm’s right. tide and interest in and to (i) the receivables associated with each and every account referenced in the data file named CreditOne_Fresh_Encore_072020 (the “Computer File”), a copy of which is attached hemto and incorporated herein by reference as "Exhibit A"; and, (ii) all claims or tights arising out of or relating to each of those Receivables (hereinafier, the “Receivables"). The Receivables transferred under the terms of this Bill 0f Sale and Assignment of Receivables were each transferred to Assignec prior to the charge off of the associated accounts, as shown in the Computer File. This Bill of Sale and Assignment of Receivables evidences the intent between the parties for the transfer of the Receivables, acts as an acknowledgement of those transfers, and, t0 the extent necessary, ratification of the transfers. With respect to information for the Receivables, Assignor represents and warrants t0 Assignee that the business rccords conveyed to Assignee relating to the Receivables (the “Business Records”), axe kept by Assignor 'm the regular course of its business. It. is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act. event. condition, 0r Opinion (collectively ‘Evem’? t0 be recorded, to mak: the appropriate memorandum or recording of the Event at or reasonably near the time 0f the EvenL Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughiy embody the information in Assignor's custody and control for the Receivables from their creatiOn until the lime of transfer to Assignee. These representalions and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and rcpresenLau’ons. This Bill of Sale and Assignment of Receivables shall serve as evidence of ownership for the Receivables conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Receivables. CREDIT ONE BANK, N.A./“> ary Ha: ood ' Vice President EXHIBIT A ACCOUNT SCHEDULE The Receivables pursuant 10 the BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM CREDIT ONE BANK, NA. T0 MHC RECEIVABLES, LLC that are specifically identified in the electronic file named CreditOne_Fresh_Encore_072020 with such electronic file incorporated herein by reference. BILL 0F SALE AND éSSIGmENT 0F RECEIVABLES ERQM MHC RECEWABLES, LLc To FNBM, LLC As of July 22, 2020, MHC Receivables. LLC (“Assigner”), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. has periodically transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to FNBM, LLC (“Assignee”) all of its rights, title and interest in and to (i) the receivables identified and specifically-referenced for each of the accounts on an account level basis on the data file titled CreditOne_Fresh_Encore_072020 attached hereto and incorporated by reference as "Exhibit A” ; and (ii) all claims or rights arising out of or relating to the account Ievel receivables (hereinafter the “Receivables”). With reSpect to information for the Receivables, Assignor mpresents and warrants to Assignee that the business records conveyed to Assignee relating to the Receivables (the “Business Records”), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively ”Event") [o be recorded, to make the appromiata memorandum or recording of the Event at or reasonably near the time of the Event. Furthennore, Assignor represents and warrants to Assignee that the Business Records axe materially complete and accurate, and thoroughly embody the information in Assignor’s custody and control for the Receivables fiom their creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Receivables shall serve as an acknowledgment, as ratification. and as evidence of the intent of the parties to transfer the Released Receivables referenced herein. MHC Receivables, LLC W3? Mark Rufaili Authorized Representative EXHIBIT A ACCOUNT SCHEDULE The Receivables pursuant to the BEL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM MHC RECEIVABLES, LLC TO FNBM, LLC that m specifically identified in the electronic file named CreditOne_Fresh_Encore_072020 i with such electronic file incorporated herein by reference. BILL OF SALE AND ASSIGNMENT 0F RECEIVABLES FROM FNBM. LLC TO SHERMAN ORIGLNATOR III LLC On July 2'2, 2020, FN'BM, LLC (“Assignor”) for good and valuable considcrmion. [he rcccipk 0f which is hereby acknowledged, hereby transfers, sells. zzssigns. conveys, grunts and delivers m Sherman Originator [lI LLC (”Assigncc"), all 0f its righis, title and interest in and m (i) me receivubles identified and specifically rcferencml fur each 01" Lhc acwums on an account level basis on the dam file titled CreditOnejreshjncure_072020 attached harem and incorporated by reference a3 “Exhibit A"; and (ii) all claims or rights arising nut Of or relaxing l0 the receivables (hereinafter the “Receivables“). With respect K0 information for {he Receivables, Assignor rcprcscms 21nd warrants to Assignee [hm (he business records relating t0 the Receivables (Ihc “Busincss Records") are kept by Assignor in lhe rcgular course 0f its business. [I is in the regulzu course of business of Assignor for an employee or an amhorized representative with personal knowledge 0f (he act, cvcnl, condition. 0r opinion (collectively “Evenl”) m hc rccordcd‘ lo make the. appropriate memorandum or recording at 0r reasonably near (he time 0f thc Event. Furthermore. Assignor represents and warrants m Assigncc that the Business Rucurds arc mulcrially complete and accurate and thoroughly embody lhe information in Assignor's custody and comm! for the Receivables from Assignor‘s receipt Othose Receivables until (h: time of rransfcr lo Assigncc‘ These representations and warranties are intended m augment any other representations and warranties xht- panics may have in place and not supplant any other cxisring warranlics and representations. This BiH of Salt: and Assignment 0f Receivables shall serve as evidence of ownership for any of lhc Receivables conveyed hereby. FNBM, LLC eprcsenlmivc EXHIBIT A ACCOUNT SCHEDULE The Receivables pursuant to the BILL OF SALE AND ASSIGNMENT OF- RE-CEIVABLBS FROM FNBM, LLC TO SHERMAN ORIGINATOR III, LLC that are specifically identified in the electronic file named CreditOne_Fresh_Encore_072020 , with such electronic file incorporated herein by reference. BILL OF SALE AND ASSIGNMENT OF ACCO ,TS EROM MHC RECEIVABLES, LLC TO SHERMAN ORIGINATOR II] LLC On July 22, 2020, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. MHC Receivables, LLC (“Assignor”), hereby transfers, sells, assigns. conveys, grants and otherwise delivers to Sherman Originator III LLC ("Assignee"), all of Assignor's. rights tide and interest in and to (i) the charged-off accounts identified on an account level basis in the data file named CreditOne_Fresh_Encore_072020 (the ”Computer File"), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A"; and, (ii) certain related account level media or electronic copies thereof (including, but not limited lo applications. statements. terms and condition), and (iii) all claims or rights arising out of or relating lo each referenced account (collectively hereinafter the "Accounts“) including, but not limited to, all claims and rights aflorded each account by virtue of that account’s conesponding terms and conditions. With respect to information for the Accounts described in the related Computer File, Assignor represents and warrants to Assignee that the business records relating to: (i) the Accounts owned by Assignor; and (ii) the sale and assignment of Accounts by Assignor (collectively, the “Business Records”). are kept by Assigns: in the regular course of its business. It is in the regular course 0f business of Assignor for an employee or an authorized representative with personal knowledge of (he act, event, condition, or opinion (collectively ”Event”) to be recorded, to make the appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the information in Assignnr‘s custody and control for the Accounts listed in the Compmer File from Assignor's receipt of those Accounts until the time of transfer lo Assignee. These representations and warranties are intended lo augment any other representations and warranties the parties may have- in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Accounts shall serve as evidence of Ownership for any of the Acc0unls conveyed hereby. MHC Receivables, LLC A Mark Rufail, Authorized Representative EXHIBIT A ACCOUNT SCI‘IE‘DULE The Accounts pursuant to the BEL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM MHC RECEIVABLES, LLC TO SHERMAN ORIGINATOR III, LLC that are specifically identified in the electronic file named CreditOne_Fresh_Encore_,072020 , with such electronic file incorporated herein by reference. Exhibit G AFFIDAVIT OF CREDIT ONE BANK, N.A.,FNBM. LLC, AND MHC RECEIVABLES, LLC STATE OF NEVADA ) ) ss. COUNTY OF CLARK ) Your Affiang Gary Harwood, being first duly sworn, states under oath as follows: 1. My name is Gary Harwood. I am a Vice President of Credit One Bank, N.A. (“Credit One"), and an authorized representative of Credit One, FNBM, LLC ("FNBM"), and MHC Receivables, LLC (“MHC”). Iam over the age of eighteen and authorized to make this Affidavit on behalf of Credit One, FNBM, and MHC. If called as a witness, I can testify t0 a court competently as t0 my knowledge of the facts contained herein. 2. As part of my regular job duties. I have access to and routinely review the business records of Credit One, MHC, and FNBM related to accounts and associated receivables originated, serviced, and charged-off by Credit One. Such records include ‘hose maintained by or on behalf of Credit One, MHC and FNBM in the ordinary course of each entity’s business with regard to the sale and assignment of Credit One‘s, MHC’s, and FNBM’s accounts and associated receivables. 3. The facts stated hereifi are within my personal knowledge and are bascd on my review of the relevant books and records available to me. 4. Assignment or Sale oi Receivables. a. Each day. pursuant to the terms of selfsexecuting purchase agreements, any new receivables (“Receivables”) associated with the Accounts (as defined below), arc sold by (a) Crcdit One to MHC, as evidenced by a Bill of Sale and Assignment dated as of June 30, 2020, by Credit One in favor of MHC. a copy of which is attached hereto, and then (b) MHC x0 FNBM, as evidenced by a Bill of Sale and Assignment dated as of July 22, 2020, by MHC in favor of FNBM, a copy of which is attached hereto. b. On 0r about July 22, 2020, FNBM sold the Receivables to Sherman Oiiginami 1U, LLC (“Sherman' ’.) as evidenced by a Bill of Sale and Assignment dated as of July 22, 2020 by FNBM In favor of Shcr,man a copy of which ts attached hereto. 5. Assignment or Sale of Accounts. a. On 0r about June 30, 2020, Credit One sold a pool of charged-offaccounts (”Accounts”) associated with the Receivables to MHC, as evidenced by a Bill of Sale and Assignment dated as of June 30, 2020, by Credit One in favor ofMHC, a copy of which is attached hereto. b. On or about July 22, 2020, MHC sold the Accounts to Sherman; as evidenced by a Bill 0f Sale and Assignment dated as of July 2’2, 2020, by MHC in favor of Sherman, a copy of which is attached hereto. 6. Neither Credit One, FNBM, nor MHC retains any rights to receive payments, or to collect on the Accounts or Receivables. As demonstrated in Lhe preceding, (he Accounts and Receivables are ultimately reunited and all rights, title, and interest in the Accounts and ReceivabIes are ultimately held by Sherman. Sections 4 and 5 0f this Affidavit shall hereinafter be referred to collectively as the “Sale of Accounts and Receivables". 7. As part of the Sale of Accounts and Receivables, information contained in Credit One’s. MHC’s, and FNBM’S business records relating lo the Accounts and Receivables (collectively, the “Business Records") were provided to Sherman. These Business Records were made and/or recorded by or for Credit One, FNBM, and MHC as part of the regular course of business of each entity at. or near the time of the aclsi eventsé or conditions recorded. These Business Records accurately reflect the status of the Accounts and Receivables, arc truthfully reflected in the computer file identified in each Bill of Sale and Assignment, and are complete without errors to the best of my knowledge. 8. Credil One. as servicing agent forMHC and FNBM. maintained the Business Records related to the Accounts and Receivables. To [he extent the Business Records include records mat were prepared by Credit One on behalf 0f MHC or FNBM, those records were accurately incorporated into the records of both FNBM and MHC as both FNBM's and MHC’S own Business Records. To the extent that the- Business Records include records that were prepared by a third party other than Credit One. those records were accurately incorporated into the records of bomb FNBM and MHC as Business Records, and were relied upon thereon. The above statements are tme and accurate to the best of my knowledge and are made for the benefit of any court that from time m time considers whether Shannan (or its successors or assigns) has the right to collect and/or enforce all or any portion of the Receivables, or to enforce any rights related to the Accounts. Tu . Signedma day of Effigy , 202_D ‘ I Credit One Bank, NA. - Authorized Representative and Vice President of Collections FNBM. LLC - Authorized Representative MHC Receivables, LLC - Authorized Representative ACKNOWLEDGMENT OF SIGNATURE BY LICENSED NOTARY STATE OF NEVADA ) ) ss. COUNTY OF CLARK ) This instrument was acknowledged before me on (he 351 day 0f authorized representative of FNBM, LLC, authorized representative of Collections for Credit One Bank, NA. 20g by Guy Harwood, eceivables, LLC, and Vice President I j 7 .Norarypublic . '~ - PATRICIA NOYES Nofory Puhfic, Siam '09 Nevada "5 No. 17-26504 { W" Appi. Exp. May. 31, 2021 W...“ w- WW“ CERTLFICATE 0F CONFORMITY STATE OF NEVADA ) )ssg COUNTY OF CLARK ) l, Barbara Hoerner‘ an attorney-at-law admitted to practice in [he Stale of Nevada as In House Counsel for Credit One Bank, N;A., d0 hereby certify that I am fully acquainted with lhc laws of the State of Nevada pertaining to administmtion and taking of oaths, affirmations and acknowledgemenL‘S; l further state. that I am duly qualified to make this Certificate of Cenformity and that the acknowledgement upon the Affidavit of Sale was taken by PMNOWS , notary public in the Slate of Nevada, in the manner prescribed by the laws of (he State 0f Nevada. ITNESS WHEREO r, I have: signed this Certificatethfl day of , 20Elb -r £22 1‘ .13 A/i 4- m M Bar ara Hoerner Nevada Stale Bar # 14658C Credit One Bank, N.A. 6801 SA Ciman'on Rd; Las Vegas, NV 89! 13 EXHTBTT A ACCOUNT SCHEDULE The Purchased Accounts puxsuant to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS AND RECEI‘VABLES FROM SHERMAN ORIGINATOR [1‘1 LLC TO MIDLAND CREDIT NLRNAGEMENT, INC. that are specifically identif‘iad 'm the electronic file named 20200722_Chg0ff_Final__Salc_Excel_CreditOne_Enc0re~July20_671417_728628-1_append data with such electronic file incorporated herein by reference. Exhibit F AFFIDAVIT 0F SALE 0F ACCOUNTS 3y snEmAN ORIGINATQR m LLc State 0F South Carolina County of Charleston 1, Jon Mazzoli, hereby affirm as follows: l. I am over 18 and not a party to this action. I am a Vice President of Sherman Originator III LLC (“Sherman Originator [ll LLC"). In that capacity, I have access to certain books and records of Shannan Originator 1H LLC and certain Of its subsidiaries and affiliates (as defined by common control) (collectively, “Sherman”), and am aware of the process of the sale and assignment of electronically stored business records. 2. Sherman Originator III LLC owns cettain accounts and maintains and records information in its business records as those records relate to such accounts. I am authorized to make the statements and representations set forth in this affidavit on behalfof Sherman Originator TH LLC. The statements set forth herein are tme and correct to the best of my knowledge, infomlation, and belief, based on either personal knowledge or review of the business records of Sherman Originator HI LLC. 3. On July 24, 2020 (the “Sale Date”), Sherman Originator H1 LLC sold a pool of charged-off accountss and receivables due and owing associated with those accounts (hereinafter referred to collectively as “Purchased Accounts”), described on the computer file which specifically references each account in the data file, named 20200722_Chg0ff_Final_Sale_Excel_CreditOne_Encore_July20_67 l417_728628- Lappend data (the “Computer File") by a Purchase and Sale Agrccment and a Bill of Sale and Assignment to Midland Credit Management, Inc. (the “Buyer") (such transaction being the “Sale“). The originating creditor, charge'off creditor, and prior servicer of the Purchased Accounts was Credit One Bank, NA. 4. Pursuant to the Sale, Sherman Originator H] LLC sold, transferred, assigned, conveyed, granted, bargained, set over and delivered to the Buyer and its successors and assigns as of the Sale Date: (i) good and marketable title to the Purchased Accounts; (ii) the right to any future payments made arising out of the Purchased Accounts, (iii) any unpaid balance related to the: Purchased Accounts, and (iv) all account documents in Sherman Originator III LLC’s possession. All of the assets transferred to Buyer were transferred free and clear of any encumbrance, equity, lien, pledge, charge, claim or security interest of any kind. I am not aware of any errors or defects related to the Purchased Accounts, the Computer File, the account documents, 0r Sherman Originator III LLC’S ownership of and title to the Purchased Accounts. 5. In connection with the Sale of the Purchased Accounts, various records in different formats were transferred to or otherwise made available to the Buyer (the “Business Records”). As part ofmy regularjob duties, I have knowledge of and access to Business Records relating to the Purchased Accounts. These Business Records were kept by Sherman Originator [H LLC in the regular course of business. It was within Sherman Originator HI LLC’s regular course of business for a representative with personal knowledge of the act, event, condition, or OpiniOn recorded to make memorandums or records or to transmit information thereof to be included in memorandums or records. Any such memorandum or records were created at or near the time of the act or event recorded or reasonably soon themafter. To the extent that the Business Records include records (hat were prepared by a third party, an agent, an affiliate, or a subsidiary, those records were incorporated into the records of Shemlan Originator 1U LLC becoming part of its own Business Records; [signatures included on following page] T'he above state ents are true to the b&st ofmy knowledge. Signed this Zé tn day owing, 2020 l i0 and subs before me thisZ lit!) day ofm, 2020 (gm? QMWM , Notary .l “‘“ulfllfllun’ ‘ V \“oe't CH0, A ....... e e " .’. III, II.‘8 " ’I .l. I I, ‘ 3‘ I \\"Um“ am“ CERTIFICATE OF CONFORMITY I, . Meghan Emmerich , 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 ceztificate of conformity and that the acknowledgement or proof upon the affidavits of merit were taken by June Choi-Bell, notary public in the State of South Carolina, in the manner prescribed by the laws of the State Qf South Carolina and conforms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature, on July 29, 2020. Field Field Data Account Number -377 Seller Account ID -21 76 First Name JASSO Last Name MELISSA SSN XXX-XX-4941 Date of Birth - Address 1 2226 CAPISTRANO DR City SANTA CLARA State CA Zip 95051 Open Date 09/27/2012 Last Purchase Date 11/18/201 9 Last Purchase Amount $46.01 Last Payment Date 10/25/201 9 Last Payment Amount $1 75.00 Sale Amount $2,661 .99 Charge Off Date 06/03/2020 Charge off Balance $2,661 .99 Post Charge Off Interest $0.00 Post Charge off Fee $0.00 Post Charge off Payments $0.00 Post Charge off Payments and Credits $0.00 Post Charge off Credits $0.00 Alternate Account #1 Alternate Account #2 Account information provided by Sherman Originator ||| LLC pursuant to the Bill of SaIe/Assignment 0f Accounts transferred on or about 07/24/2020 in connection with the sale of accounts from Sherman Originator III LLC to Midland Credit Management, Inc. 20200722_Cthff_FinaI_SaIe_Excel_CreditOne_Encore_Ju|y20_671 41 7_728628-1 _append data EXHIBIT B AA_0126 File No.2 21-39095 CREDIT ONE BANK CREDIT CARD STATEMENT Account Number 8377 October 03, 201 9 to November 02, 201 9 SUMMARY 0F ACCOUNT ACTIVITV pAYMENT INFORMATION Previous Balance $2,004‘62 New Balance $1 370.29 Payments $1 75.00 Past Due Amount $0.00 Other Credits $0.00 Amount Due This Period $99.00 Purchases + $90.98 Minimum Payment Due $99.00 Cash Advances + $0.00 Payment Due Date 11/27/19 Fees Charged + $825 Late Pa meni Warnin : 'ntereSt Charged " $41 '44 If we doynot receive ygur minimum payment by the date listed above, New Balance $1 370-29 you may have to pay a late fee up to $35. . . . Minimum Pa men! Warnin : Cfeg'l L'm't ‘ $200000 If you make znly the minimgum payment each period. you will pay more Ava"ab'e cred”, $2900 in interest and it will take you longer to pay oh your balance Statement Closmg Date 11/02/19 Days in Billing Cycle 31 For exampte: l1 you make no You will pay ofl the And you will QUESTIONS? additional charges balance shown on end up paying Call Customer Service or Report using this card and the statement in an estimated a Lost or Stolen Credit Card 1-877-8233242 each month you Dav." about. total 01... Outside the UAS‘ Call 1-702‘405-2042 . I Only the mlnlmum Please send billing inquiries and correspondence to: payment 6 years $3,207.00 P.O. Box 98873. Las Vegas. NV 89193-8873 $79.00 3 years $2,845.00 (Savings: $362.00) If you wouid like a location for credit counseling services, call 1-866‘515-5720, TRANSACTIONS Reference Number Trans Date Post Date Description o! Transaction or Credit Amount F5727OOQCOOOIXFRL& 10/25 10/25 PAYMENT-THANK YOU LAS VEGAS NV 475.00 24137469F018RNA36 10/29 10/29 CVS/PHARMACY #032‘0 LAS VEGAS NV 5.98 24761 979F7Y822E78 10/29 10/29 HERFF JONES YEARBOOK ! 866-750- I 367 KS 85.00 Fees F5727009H000CYLAC 11/02 11/02 ANNUAL FEE 12/19 THROUGH 12/19 8.25 TOTAL FEES FOR THIS PERIOD 8.25 Interest Charged 11/02 11/02 Interest Charge on Purchases 41 .44 11/02 11/02 Interest Charge on Cash Advances 0‘00 TOTAL INTEREST FOR THIS PERIOD 2019 Tokals Year-to-Date Total fees charged in 201 9 Total interest charged in 2019 41 .44 $28065 $425.76 & ITEM WAS TRANSFERRED FROM LOST/STOLEN ACCOUNT. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is (he annual interest rate on your account. Balance Subject to Type ot Balance Annual Percentage Rate (APR) Interest Rate Interest Charge Purchases 25.65%(v) $1 938.49 $41 .44 Cash Advances 25.65%(v) $0.00 $0.00 (v) = Variable Rate 5385 JBH 001 7 2 191101 O PAGE 1 0H 20 5727 9620 M115 O1GR5385 Pieasa return mis portion with your payment. and write your account number on your check. made payable (o CREDIT ONE BANK. -"‘ j PAY YOUR BILL ONLINE at CreditOneBank.comO .-' V Credltane Account Number; _3377 3 A N K New Balance: $1 970.29 Minimum Payment Due: $99.00 Payment Due Date: 11/27/19 For address. telephone and email changes. please complete the reverse side. Or, update your contact information online at www.CredilOneBank.com. AMOUNT ENCLOSED: IIIIIIIIIINIIIIIIIIIIIIH”IIIIIIIIIHIIIIIIIIIIIIIIIIIIIII|HI| JASSO MELISSA 2226 CAPISTRANO DR SANTA CLARA CA 95051-1402 CREDIT ONE BANK PO BOX 60500 CITY OF INDUSTRY CA 91716-0500 “m”:.I.I...II..|III.III.||.I"m..”II.'..|.IIII|I.IIMI. 001 7500 o1 97029 0009900-377 9 EXHIBIT C AA_0127 File No.2 21-39095 CREDIT ONE BANK CREDIT CARD STATEMENT Account Number_8377 May O3: 2020 to June 02. 2020 SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Baiance $2,569.59 New Balance $2,661 ‘99 Payments - $000 Past Due Amount $806.00 Other Credits - $0.00 Amount Due This Period $1 394.99 Purchases + $0.00 Minimum Payment Due $2,661.99 Cash Advances + $000 Payment Due Date 06/27/20 Fees Charged + $47.25 P w . . Interest Charged + $45.1 5 Late aymem ammg‘ If we do not receive your minimum payment by the date listed above. New Balance $2 661 99 you may have to pay a tale fee up to $39 Minimum Payment Warning: C’esm L'm't , $200000 If you make only the minimum payment each period, you will pay mote Ava'lab'e C’ed'l_ $000 in interest and i1 will take you longer to pay oft your balance. Statement Closmg Date 06/02/20 Days in Billing Cycle 31 For example: If you make no You will pay off me And you will QUESTIONS? additional charges balance shown on end up paying Call Customer Service or Repon - using this card and the statemem in an estimated a Lost or Slo!en Credit Card 1-877-825-3242 each month you pay... about... total of... Outside the U.S. Call 1-702-405-2042 I _ Only the munumum Please send billing inquiries and correspondence to: payment 1 months $2,662.00 P.O. Box 98873, Las Vegas. NV 89193-8873 If you would like a location tor credit counseling services. call 1-866-515-5720. TRANSACTIONS Reterence Number Trans Dale Post Date Description of Transaction or Credit Amount Fees F572700HAOOOCYLAC 06/02 06/02 ANNUAL FEE 07/20 THROUGH 07/20 8.25 06/02 06102 LATE FEE 39.00 TOTAL FEES FOR THIS PERIOD 47.25 Interest Charged 06/02 06/02 Interest Charge on Purchases 45.15 06/02 06/02 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 45.15 2020 Totals Year-to-Date Total fees charged in 2020 $267.50 Total interest charged in 2020 $265.41 Your account is currently closed. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account Balance Subiect to Type of Balance Annual Percentage Rate (APR) Interest Rate Interest Charge Purchases 23.90%(v) $2,266.49 $45.15 Cash Advances 23.90%(v) $0.00 $0.00 (v) = Variable Rate 5385 JBH 001 7 2 200602 O CXPAGE 1 0H 20 5727 9620 M250 O1GR5385 Please return (his ponion wilh your paymenL and write your account number on your check. made payable to CREDIT ONE BANK. f” y PAY YOUR BILL ONLINE at CreditOneBanlmom0 w 9 Cred'tOne Account Number: _8377 3 A N K New Balance: $2,661 .99 Minimum Payment Due: $2,661.99 Payment Due Date: 06/27/20 For address. teiephone and emai! changes. please complete the reverse side, Or. update your contact information online at www.CreditOneBank.com. AMOUNT ENCLOSED: CREDIT ONE BANK JASSO MELISSA PO BOX 60500 2226 CAPISTRANO DR CITY OF INDUSTRY CA 91716-0500 SANTA CLARA CA 95051 -1402 "Il'l'l'II'I'I'II'I'III'I'ull'nlll”|“|||I||'"||I|I"l'"'l' 0000000 0266199 02661 99-377 3