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Author Topic: Case dismissed! (PROSPER MARKETPLACE, INC. VS. BROWN, HOLLY)  (Read 45068 times)

ira01

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Re: Case dismissed! (PROSPER MARKETPLACE, INC. VS. BROWN, HOLLY)
« Reply #90 on: June 05, 2008, 02:59:00 pm »

xode, I would have expected an experienced collection law firm to do its homework before filing a collection action.  When I go after defendants, I always do public records searches and asset checks since theres no reason to sue otherwise.

Default judgment entered in September 2007.  Its a 40-page complaint, and Im not sufficiently interested to spend the $10 to get a copy.  Theres also a judgment lien filed in September, 2007.  Buchalter, Nemer had the case, so it wasnt small potatoes.     

Looks like our debtor tried to fund her boyfriends recording business.

If anyone cares, please let me know and Ill post details in Lenders-Verified. 

We really need a way to track down and see who this is as a borrower.

Were working on it.  It would help if every lender who is on a NAT loan would go to http://www.prospers.org/forum/any_lender_who_is_on_a_new_agency_test_loan-t7663.0.html and post the loan number and listing number of each such loan they are on.  So far we only have the listing number for about a dozen of the 66 (or 68 or 60) NAT loans.  By linking the listing number, we facilitate using any info in the listing to identify the lawsuit.
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arebelspy

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Re: Case dismissed! (PROSPER MARKETPLACE, INC. VS. BROWN, HOLLY)
« Reply #91 on: June 05, 2008, 11:31:54 pm »

Were working on it.  It would help if every lender who is on a NAT loan would go to http://www.prospers.org/forum/any_lender_who_is_on_a_new_agency_test_loan-t7663.0.html and post the loan number and listing number of each such loan they are on.  So far we only have the listing number for about a dozen of the 66 (or 68 or 60) NAT loans.  By linking the listing number, we facilitate using any info in the listing to identify the lawsuit.

I opted in, so Im on some of them.  Where do I go to find the information you need?
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SGriff

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Re: Case dismissed! (PROSPER MARKETPLACE, INC. VS. BROWN, HOLLY)
« Reply #92 on: June 05, 2008, 11:43:23 pm »

OK, its my loan, I admit it. I pwned all of you. :ninja:
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ira01

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Re: Case dismissed! (PROSPER MARKETPLACE, INC. VS. BROWN, HOLLY)
« Reply #93 on: June 05, 2008, 11:55:24 pm »

Were working on it.  It would help if every lender who is on a NAT loan would go to http://www.prospers.org/forum/any_lender_who_is_on_a_new_agency_test_loan-t7663.0.html and post the loan number and listing number of each such loan they are on.  So far we only have the listing number for about a dozen of the 66 (or 68 or 60) NAT loans.  By linking the listing number, we facilitate using any info in the listing to identify the lawsuit.

I opted in, so Im on some of them.  Where do I go to find the information you need?

Just go to your Lending page, on My Account, and look at your list of loans.  The NAT loans will have status "repurchased."  Here is the list of all NAT loans (note these are LOAN numbers, not listing numbers):  848  950  1840  1850  1906  1975  1984  2297  2407  2576  2627  2854  2982  3059  3069  3584  3897  3918  3992 4001 4371 4389  4539 4620 4720  764 4875  5092 5350  5370 5420 5555  5923  6069  6127  6302  6311  6383  6759  6809  6880  7008  7186  7250  7270  7348  7385  7458  7501  7627  7673 7739  7779  8068  8167  8204  9392  9471 9544 12474  12577  12748  12876  13632  13650  14577  14865  16136

For any "repurchased" loans you have in this list, just post or PM me the loan number and the corresponding listing number (which you can get by clicking on the loan).

ETA:  For anyone who hasnt found the wiki page yet, it is at: http://www.prospers.org/wiki/NewAgencyTest
« Last Edit: June 06, 2008, 12:08:07 am by ira01 »
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Cushie

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Re: Case dismissed! (PROSPER MARKETPLACE, INC. VS. BROWN, HOLLY)
« Reply #94 on: June 06, 2008, 08:10:25 am »


By looking at her PACER file you should be able to see her list of all creditors and their addresses.  If PMI is listed there, they got the paperwork.  The court sends it out.
« Last Edit: June 06, 2008, 08:13:29 am by Cushie »
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xraider

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Re: Case dismissed! (PROSPER MARKETPLACE, INC. VS. BROWN, HOLLY)
« Reply #95 on: June 06, 2008, 08:13:43 am »

PMI is listed. 
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Cushie

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Re: Case dismissed! (PROSPER MARKETPLACE, INC. VS. BROWN, HOLLY)
« Reply #96 on: June 06, 2008, 08:15:48 am »

As I figured.  So they just bungled the paperwork. 
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xraider

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Re: Case dismissed! (PROSPER MARKETPLACE, INC. VS. BROWN, HOLLY)
« Reply #97 on: June 06, 2008, 08:16:17 am »

And youre surprised why?
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Cushie

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Re: Case dismissed! (PROSPER MARKETPLACE, INC. VS. BROWN, HOLLY)
« Reply #98 on: June 06, 2008, 08:18:32 am »

Not surprised at all.  Its unbelievable but not surprising. 
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cowdog

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Re: Case dismissed! (PROSPER MARKETPLACE, INC. VS. BROWN, HOLLY)
« Reply #99 on: June 06, 2008, 05:13:31 pm »

Not surprised at all.  Its unbelievable but not surprising. 

No surprise here. PMI cant answer a phone, respond to email or even open a pdf... there is no reason to think they can handle minimal mail room operations.



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Fred93

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Re: Case dismissed! (PROSPER MARKETPLACE, INC. VS. BROWN, HOLLY)
« Reply #100 on: June 10, 2008, 07:41:12 pm »

The meeting of creditors is scheduled for a week from today, and the confirmation hearing is set for July 16.

I assume Prosper will not be represented at the meeting of creditors or hearing.  Are there any implications of that for us?

Quote
Proof of claims due September 10, 2008.

Ive wondered for a long time whether Prosper files claims in bankruptcy cases.  In the past we didnt know names, so had no way to observe. 

112233

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Re: Case dismissed! (PROSPER MARKETPLACE, INC. VS. BROWN, HOLLY)
« Reply #101 on: June 24, 2008, 06:43:51 pm »

does this new signature policy have anything to do with these cases?
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morley36

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Re: Case dismissed! (PROSPER MARKETPLACE, INC. VS. BROWN, HOLLY)
« Reply #102 on: June 27, 2008, 04:42:45 pm »

I know nothing about this case, however, I want to clear up some confusion about the dismissal term used....

Dismissed without Prejudice means that the case can be re-filed at any time.  This type of dismissal is usually due to lack of service or appearance and dismisses a case without any finding on its merit.

Dismissed with Prejudice means the case can not be filed because the dismissal was issued by the judge for merit or it was dismissed by the moving party as a part of a settlement agreement.


I apologize, this answer had already been provided
« Last Edit: June 27, 2008, 04:47:42 pm by morley36 »
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christoofar215

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Re: Case dismissed! (PROSPER MARKETPLACE, INC. VS. BROWN, HOLLY)
« Reply #103 on: June 29, 2008, 11:32:13 pm »

does this new signature policy have anything to do with these cases?

You bet.

But Prospers blog of course says this is to avoid all the number of instances where the borrower immediately repays because Prosper didnt verify at all and deposited the money, and the borrower had changed his or her mind.

Yeah, RIGHT.    Its because it is clear that there is a real risk that these loans can die in the courtroom b/c the borrower just throws up his/her hands and says "thats not mine", and of course subpoenaing the borrowers bank records to show they clearly recognized that they received PMI money and spent it all away wont help matters any.
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