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Author Topic: Anyone on Ashley Gaerke's loan (possibly in the name of Oakland Gaerke)?  (Read 554160 times)

xraider

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112233, my husband never, ever, ever has any clue what's going on with our checking account.  It's on line and he doesn't even have a password for it.  We don't get statements in the mail.  So, it's no surprise to me that the husband didn't have a clue.  That would be typical in my house as well.

In fact, since I know his SSN and could easily get a copy of his license, I could do exactly what Ashley did and no one would be the wiser.
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112233

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that makes sense... It would bug me not to keep up on the details, but I guess not everyone is like that
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Cushie

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I can second what X says about her husband not having much of a clue what's happening financially in the house.  Mine's much the same way, though every six months or so he'll want a going over on where we're at.  But as for monthly payments going out mine hasn't a clue.  In fact, until recently he was underestimating his monthly income by over $500 a paycheck.
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beerbud1

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My mother pays all the bills and always has. My father has no clue how much is in the checking account or what bank it is with. Period. It doesn't surprise me one bit.
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bookwyrm

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I'm pretty sure most households are like that.  One spouse or the other has the responsibility for keeping up with the money and paying the bills, and the other, at most, glances over things every few months.
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Mtnchick

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I paid all our bills when I was married. The ex got the checkbook once a week when we went grocery shopping :)

We got divorced and here he was making 6 figures a year and getting his electricity cut off because he forgot to pay the bill ;)
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beerbud1

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Since the Prosper lending agreement doesn't allow me to sue the Borrower, Wouldn't I now be able to sue Ashley as She is not the Borrower? Here ex is claiming fraud. If Prosper is not going to repurchase this Loan I think this is the way I will go.
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xraider

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You know, beerbud, that's a VERY interesting question.  Fraud may not be dischargeable in bankruptcy.

Ira, what do you think?  Maybe Beerbud should make a claim.  If Prosper didn't make the loan (as it claims) it certainly can't object if the lender makes a claim and challenges the discharge of the loan as obtained fraudulently!

Beerbud, PM me Monday and I'll run it by my bk partners.

This could be fun.
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Teddie33

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You know, beerbud, that's a VERY interesting question.  Fraud may not be dischargeable in bankruptcy.

Ira, what do you think?  Maybe Beerbud should make a claim.  If Prosper didn't make the loan (as it claims) it certainly can't object if the lender makes a claim and challenges the discharge of the loan as obtained fraudulently!

Beerbud, PM me Monday and I'll run it by my bk partners.

This could be fun.

It could muddy up things but I think they (borrower) would be more than happy to give Beerbud his money back to keep him out of this.
« Last Edit: July 12, 2008, 03:01:28 pm by Teddie33 »
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xraider

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Zad and Han are on this one too.....  I don't know if they haven't read the thread, or don't care.

Teddie, did you get the wife's filing?  I emailed it to both addresses you gave me.  If you didn't get it, please let me know.

ETA:  I'm of mixed minds of just getting the .org folk their money back.  As opposed to Prosper, at this moment, I don't stand in a fiduciary relationship with anyone here.  However, it still feels kinda funny to do something that benefits our own while ignoring other lenders.....  Beerbud?  Zad?  Han?
« Last Edit: July 12, 2008, 02:46:35 pm by xraider »
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Teddie33

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Zad and Han are on this one too.....  I don't know if they haven't read the thread, or don't care.

Teddie, did you get the wife's filing?  I emailed it to both addresses you gave me.  If you didn't get it, please let me know.

I got it and did not see what I expected to see...........
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xraider

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Teddie, Unfortunately, the divorce court doesn't have its docket online so I can't see what's been filed there.  I suspect that if we pulled the divorce file it would be truly ugly.
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CleanRivers

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112233, my husband never, ever, ever has any clue what's going on with our checking account.  It's on line and he doesn't even have a password for it.  We don't get statements in the mail.  So, it's no surprise to me that the husband didn't have a clue.  That would be typical in my house as well.

In fact, since I know his SSN and could easily get a copy of his license, I could do exactly what Ashley did and no one would be the wiser.

+1
Though its my wife that does not want to handle the financial side.
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ira01

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You know, beerbud, that's a VERY interesting question.  Fraud may not be dischargeable in bankruptcy.

Ira, what do you think?  Maybe Beerbud should make a claim.  If Prosper didn't make the loan (as it claims) it certainly can't object if the lender makes a claim and challenges the discharge of the loan as obtained fraudulently!

Beerbud, PM me Monday and I'll run it by my bk partners.

Is the wife in BK too, or just the husband?  If she's also in the BK, I think that in theory, any lender could file a claim and an adversary action to declare the debt non-dischargeable for fraud.  Of course the lender would have to prove that the husband's story is true (that wife procured the loan through fraud).  That would almost certainly make the loan non-dsichargeable.  Of course, unless a lender has a very substantial piece of the loan, it wouldn't be worth it from a purely financial standpoint, because the cost of the adversary action would most likely exceed the individual interest in the loan.  Of course the entertainment value might make it worth it to some lender.  ;D
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ira01

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Zad and Han are on this one too.....  I don't know if they haven't read the thread, or don't care.

Teddie, did you get the wife's filing?  I emailed it to both addresses you gave me.  If you didn't get it, please let me know.

I got it and did not see what I expected to see...........

What does it say, and what did you expect it to say?  Xraider, I think you have my email address -- could you please send it to me as well (if there's anything potentially interesting in it)?
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