Deceased | FORECLOSURE FRAUD | by DinSFLA

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How debt collectors pursue family members of deceased debtors

How debt collectors pursue family members of deceased debtors


I hope someone gets an investigation going quickly!

WSJ-

After Linda Long’s husband died of colon cancer last year, the phone calls poured in.

The 68-year-old retired office worker says she got as many as 10 calls a day from a debt-collection firm asking for $16,651.52 that her husband, Millard, had racked up on a Bank of America Corp. credit card.

An employee at West Asset Management in Omaha, Neb., explained that she wasn’t legally obliged to pay, according to a recording of the November call reviewed by The Wall Street Journal. Then he veered into a discussion about how she could “get this taken off your plate.”

Mrs. …

[WALL STREET JOURNAL]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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GUEST POST | “Affidavits Do Tell Dead Tales” Portfolio’s Martha Kunkle

GUEST POST | “Affidavits Do Tell Dead Tales” Portfolio’s Martha Kunkle


Dear folks:

I would review a case that has surfaced in Montana Federal District Court (Great Falls Div),  Cole v. Portfolio Recovery Associates”, docket no CV-08-036-GF.   This is a case here the debt collector/debt buyer “Portfolio” filed suit against Cole on a credit card debt, and inserted an “Affidavit” of one Martha Kunkle in a Motion for Summary Judgment in an effort to steamroll the Case to Judgment.  The Affidavit was dated May 24, 2007.

Unfortunately for both the debt collector [Portfolio] AND their collection attorneys, Cole did some checking, found other examples of the signature, and Motioned the State Court that the affidavit was dubious.  The State Court Judge ORDERED that Portfolio produce Kunkle, whose signature was notarized in Texas [see attached pdf], to appear in Montana for deposition.  Kunkle never showed up.  Turns out Martha Kunkle was dead, having died 12 years earlier, in 1995.  (Sanctions are pending in the State Court case).

Cole by counsel filed a FDCPA suit in USDC [above cite], in which Portfolio in essence denied they were bad boys, and as an affirmative defense claimed that Cole had not done act to “mitigate her damages.”  How a consumer mitigates damages when confronted with the Affidavit of a dead person is not explained.

In the USDC Final Order and Judgment, a class-action settlement was approved by the Court roughly $178,000 was paid to identified members of the Classes [3 classes of claimants] and $212,500 in attorneys’ fees, costs and expenses.

An expensive affidavit of a dead person.

While these are not directly “mortgage debt” controversies, the affidavit was furnished by agents of our friends at WASHINGTON MUTUAL BANK, from which the moral:  do not assume any signature of any “affidavit” [or anything else].  the affiant may well have been dead for over a decade!

Jan van Eck

[ipaper docId=48646502 access_key=key-1tk158nr94txc0rfc4t3 height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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WSJ: Woman Who Died In 1995 Robo-Signed Affidavits Until 2008

WSJ: Woman Who Died In 1995 Robo-Signed Affidavits Until 2008


Dead Soul Is a Debt Collector

Deceased Woman’s Name Was Robo-Signed on Thousands of Affidavits

Martha Kunkle has come back to life.

She died in 1995. Yet her signature later appeared on thousands of affidavits submitted by one of the nation’s largest debt collectors, Portfolio Recovery Associates Inc., in lawsuits filed against borrowers.

Some regulators complain that the use of Ms. Kunkle’s name reflects an epidemic of mass-produced, sloppy and inaccurate documentation in the debt-collection industry. Lawsuits have surged as more borrowers fall behind on payments and collection firms turn to courts to get what they are owed.

After being sued for fraud, Portfolio Recovery Associates decided in early 2008 that any documents bearing Ms. Kunkle’s name had “defects” and shouldn’t be used when trying to collect debts, a company spokeswoman said.

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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