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Author Topic: Prosper order to cease and desist by SEC  (Read 166364 times)

FANAFI

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Re: Prosper order to cease and desist by SEC
« Reply #120 on: November 26, 2008, 11:12:09 am »

I'm withholding all loan payments for the next 30 days to see what happens here.   :ninja:

...Gulp
poof

I'm not going to back off my original obligation to lenders regardless of the legality of the original loan itself. Both loans (mine and the Mrs.) may be repaid earlier than anticipated however as I'm sure lenders are a little nervous about solvency within the marketplace at this point. I know I am! To walk away from your debt to lenders is complete cowardice!
« Last Edit: November 26, 2008, 11:23:03 am by FANAFI »
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Urbi_et_Orbi

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Re: Prosper order to cease and desist by SEC
« Reply #121 on: November 26, 2008, 11:23:18 am »

I'm withholding all loan payments for the next 30 days to see what happens here.   :ninja:

...Gulp

As someone once said, it's all about character.  ;)
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Mothandrust: "Why's he off the ballot in Colorado but it's OK for the other 48 states and Hawaii to vote for him"
https://www.prospers.org/forum/index.php?topic=37264.msg807090#msg807090

bamalucky

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Re: Prosper order to cease and desist by SEC
« Reply #122 on: November 26, 2008, 11:26:15 am »

Quote
As someone once said, it's all about character.

you read my mind
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There are no stupid questions, just stupid people.

kimmie

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Re: Prosper order to cease and desist by SEC
« Reply #123 on: November 26, 2008, 11:38:36 am »

I'm withholding all loan payments for the next 30 days to see what happens here.   :ninja:

...Gulp
What difference does it make if Prosper screwed up? You borrowed from people that believed in BIGGULP, not Prosper. It is your word, not Prosper's that's on the line. I sure hope I'm not one of the many that trusted you.
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Mtnchick

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Re: Prosper order to cease and desist by SEC
« Reply #124 on: November 26, 2008, 11:52:50 am »

My pull at the end of the month will go through :)
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Classic comment from Urbi to a poster who said they were leaving:

"Once again, we note that your threats are hollow and you come across like a sad, lonely blowhard.

I doubt anyone here gives a shit about you.  We pretty much all know that you are a vile and unethical parasite of a human being with an abnormal craving for attention."

beerbud1

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Re: Prosper order to cease and desist by SEC
« Reply #125 on: November 26, 2008, 11:53:01 am »

The word must be getting out. I have several new lates over the last three days.
« Last Edit: November 26, 2008, 12:01:01 pm by beerbud1 »
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zcommodore

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Re: Prosper order to cease and desist by SEC
« Reply #126 on: November 26, 2008, 12:00:28 pm »

I'm withholding all loan payments for the next 30 days to see what happens here.   :ninja:

...Gulp

How convenient, your last payment was made yesterday.  :ninja:
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cubbiesnextyr

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Re: Prosper order to cease and desist by SEC
« Reply #127 on: November 26, 2008, 12:06:35 pm »

I'm withholding all loan payments for the next 30 days to see what happens here.   :ninja:

...Gulp

Man, all you people need to lighten up.  Gulp's loan payment was due yesterday, so if he withholds all payments for 30 days and then pays, he's paying on his due date.  I swear, you guys don't get a joke...
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ira01

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Re: Prosper order to cease and desist by SEC
« Reply #128 on: November 26, 2008, 12:21:36 pm »

I'm not going to back off my original obligation to lenders regardless of the legality of the original loan itself.

FYI, the "original loan" (which was made from Prosper to the borrower, or from WebBank to the borrower, depending on when it was made) was 100% legal, and is a fully binding legal obligation of the borrower.  The subsequent assignments of the loan (from Prosper to the lenders, or from WebBank to Prosper to the lenders) is legally irrelevant as far as the borrowers are concerned.  While some deadbeats will no doubt use the SEC situation as an excuse or justification for their failure to pay, that doesn't mean that it would be legal for them to do so.
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BigGulp

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Re: Prosper order to cease and desist by SEC
« Reply #129 on: November 26, 2008, 01:10:21 pm »

I'm withholding all loan payments for the next 30 days to see what happens here.   :ninja:

...Gulp

Man, all you people need to lighten up.  Gulp's loan payment was due yesterday, so if he withholds all payments for 30 days and then pays, he's paying on his due date.  I swear, you guys don't get a joke...
I was thinking the same thing.   ;)

...Gulp
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Fred93

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Re: Prosper order to cease and desist by SEC
« Reply #130 on: November 26, 2008, 01:13:16 pm »

Quote
Prosper consented to the issuance of the Order without admitting or denying any of the findings in the Order.

...does this line indicate the SEC is not going to pursue any further action against Prosper?

Precisely.  The order that the SEC published represents the END of their action.  They investigated, carried out an extensive discussion and negotiation, got prosper to agree to stop doing what they were doing (and possibly some other sanctions that are secret, but probably not), and that's the end of it from the SEC's point of view.

Quote
Can Prosper still attempt to now become "legal" by registering and reopening at some point down the road?

Prosper can draft a prospectus for notes it intends to offer in the future, crafted so that they will be approved by the SEC, get it approved, and then operate under that registration.  yes.  Just as Lendingclub has done.

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it appears to me Prosper considers this whole situation just a part of doing business and getting registered.

Well Prosper is putting a face on it.  Spin city.  You know.

Quote
I guess I'm a bit confused by all the noise, trying to figure out where the signal is here.

The SEC has declared that Prosper can not do what it was doing.  Prosper has agreed to stop.  The S1 that Prosper filed a year ago is toast.  Funny toast.  Really a weak effort.  Prosper will now probably hire new lawyers and try again to write an S1 that will pass muster, and reopen under a new modified scheme.  Either that or they will close.

Why are you confused?

onthefence

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Re: Prosper order to cease and desist by SEC
« Reply #131 on: November 26, 2008, 01:27:19 pm »

They better hire the lending club lawyers if they want this done fast and right.
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zcommodore

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Re: Prosper order to cease and desist by SEC
« Reply #132 on: November 26, 2008, 01:40:16 pm »

Why are you confused?

Well, I'm not really anymore.  My confusion was related to the fact that based on the filing, I thought there might be more sanctions from the SEC's perspective relating to this whole thing against Prosper.  I didn't realize this was basically the end of it, pending a new filing by Prosper, for the SEC.
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Fred93

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Re: Prosper order to cease and desist by SEC
« Reply #133 on: November 26, 2008, 01:51:16 pm »

My confusion was related to the fact that based on the filing, I thought there might be more sanctions from the SEC's perspective relating to this whole thing against Prosper.

We don't know, and may never know, what exactly the SEC and Prosper have agreed to.  There may be parts of the agreement that were not made public.  So, yes, there may be more. 

I'm speculating that there is not anything significant.

Flying Missle

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Re: Prosper order to cease and desist by SEC
« Reply #134 on: November 26, 2008, 02:11:18 pm »

My confusion was related to the fact that based on the filing, I thought there might be more sanctions from the SEC's perspective relating to this whole thing against Prosper.

We don't know, and may never know, what exactly the SEC and Prosper have agreed to.  There may be parts of the agreement that were not made public.  So, yes, there may be more. 

I'm speculating that there is not anything significant.
I wonder if FOIA filing would allow the lenders to see what transpired in the negotiations.
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