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[Teddie33]

From what little you have allowed us to see points to a man trying to get his name removed from credit card accounts that will be sticking his wife with them.

I would think each prosper fraud issue would be a case by case issue and not 1 set rule.

And what do you think about the fact that Prosper has only repurchased ONE loan originated after 8/1/07 (that's more than 11 months, during which time Prosper originated roughly HALF of its entire all-time loan volume)?  That's compared to 50-60 loans repurchased prior to that time (the other half of Prosper's total loan portfolio).  I conclude from that fact that Prosper has simply ceased honoring its "100% ID-theft guarantee," being helped along in that endeavor by the abolition of its former (useful) forums, and its careful scrubbing of all "PII" from listings (thereby preventing forum detectives from finding ID-theft loans and raising a shit-storm about them on the public forums, which historically was how lenders got Prosper to honor its guarantee).  For interesting reading, try reading about the infamous Leporello ID-theft loan case on prosperreport.com (another shocking example of Prosper's lack of dilligence).

I don't conclude anything as you do since prosper has made improvements from the wild west days, if you remember them? In this day and age just how do you know if this possible scamer is not on a recorded call when the loan was verify? This whole thing is something a court will need to decide without you or I.

This whole thing may be very well true as ira blows it up to be with the little hussy sitting in jail?

[ira01]

From what little you have allowed us to see points to a man trying to get his name removed from credit card accounts that will be sticking his wife with them.

I would think each prosper fraud issue would be a case by case issue and not 1 set rule.

And what do you think about the fact that Prosper has only repurchased ONE loan originated after 8/1/07 (that's more than 11 months, during which time Prosper originated roughly HALF of its entire all-time loan volume)?  That's compared to 50-60 loans repurchased prior to that time (the other half of Prosper's total loan portfolio).  I conclude from that fact that Prosper has simply ceased honoring its "100% ID-theft guarantee," being helped along in that endeavor by the abolition of its former (useful) forums, and its careful scrubbing of all "PII" from listings (thereby preventing forum detectives from finding ID-theft loans and raising a shit-storm about them on the public forums, which historically was how lenders got Prosper to honor its guarantee).  For interesting reading, try reading about the infamous Leporello ID-theft loan case on prosperreport.com (another shocking example of Prosper's lack of dilligence).

I don't conclude anything as you do since prosper has made improvements from the wild west days, if you remember them?

Prosper still sucked at verification on August 2, 2007.  Or do you really believe that Prosper's "crack fraud detection team" miraculously caught all ID-theft attempts after that date (except for one)?

In this day and age just how do you know if this possible scamer is not on a recorded call when the loan was verify?

Anything is possible, but that isn't very likely IMHO.  In California (where Prosper is located), it is a criminal offense to record a call without the knowledge of BOTH parties.  So, if Prosper did record a verification call with the husband, he would have known the call was being recorded (if Prosper recorded it in violation of the law, not only would it face criminal and civil penalties, but the recording would be inadmissble in court).  Given that, do you really think it likely that the husband would have made very emphatic, unambiguous statements in his federal court pleading that he never spoke with anyone from Prosper?

[Teddie33]

From what little you have allowed us to see points to a man trying to get his name removed from credit card accounts that will be sticking his wife with them.

I would think each prosper fraud issue would be a case by case issue and not 1 set rule.

And what do you think about the fact that Prosper has only repurchased ONE loan originated after 8/1/07 (that's more than 11 months, during which time Prosper originated roughly HALF of its entire all-time loan volume)?  That's compared to 50-60 loans repurchased prior to that time (the other half of Prosper's total loan portfolio).  I conclude from that fact that Prosper has simply ceased honoring its "100% ID-theft guarantee," being helped along in that endeavor by the abolition of its former (useful) forums, and its careful scrubbing of all "PII" from listings (thereby preventing forum detectives from finding ID-theft loans and raising a shit-storm about them on the public forums, which historically was how lenders got Prosper to honor its guarantee).  For interesting reading, try reading about the infamous Leporello ID-theft loan case on prosperreport.com (another shocking example of Prosper's lack of dilligence).

I don't conclude anything as you do since prosper has made improvements from the wild west days, if you remember them?

Prosper still sucked at verification on August 2, 2007.  Or do you really believe that Prosper's "crack fraud detection team" miraculously caught all ID-theft attempts after that date (except for one)?

In this day and age just how do you know if this possible scamer is not on a recorded call when the loan was verify?

Anything is possible, but that isn't very likely IMHO.  In California (where Prosper is located), it is a criminal offense to record a call without the knowledge of BOTH parties.  So, if Prosper did record a verification call with the husband, he would have known the call was being recorded (if Prosper recorded it in violation of the law, not only would it face criminal and civil penalties, but the recording would be inadmissble in court).  Given that, do you really think it likely that the husband would have made very emphatic, unambiguous statements in his federal court pleading that he never spoke with anyone from Prosper?

In June 2006 is the time that prosper stepped up verifcations on loans over 5k, well before ira joined prosper.  The good part was by November 2006 we knew prosper was not going to be a golden investment that we all came here for.

I can't picture a business not recording any type of verification call even if they are located in California.

I don't think the borrower wrote the pleading since he has a lawyer in the case.

[112233]

2 payments were made on the loan which is odd for ID theft
http://www.lendingstats.com/listings/174869

[mhs505]

2 payments were made on the loan which is odd for ID theft
http://www.lendingstats.com/listings/174869

Did anyone look at the date of the loan versus the date of the BK proceedings?  Is taking out the loan within 6 months of the filing? 

[Teddie33]

2 payments were made on the loan which is odd for ID theft
http://www.lendingstats.com/listings/174869

Did anyone look at the date of the loan versus the date of the BK proceedings?  Is taking out the loan within 6 months of the filing? 

Xraider would need to check that but I think that would be within 6 months.

[mhs505]

2 payments were made on the loan which is odd for ID theft
http://www.lendingstats.com/listings/174869

Did anyone look at the date of the loan versus the date of the BK proceedings?  Is taking out the loan within 6 months of the filing? 

Xraider would need to check that but I think that would be within 6 months.

If it was within 6 months, then he would have a motivation to lie, right?  When DH's ex went through her BK, just after DH and I got married, we were told that debt incurred within 6 months of the filing date was presumptively "taken out in anticipation of filing BK" and that type of debt was looked at much more closely by the court  -- that type of debt isn't automatically dismissed.  Hence he might have just added another argument to his filing.   

Does anyone see a criminal case against her?

[xraider]

MHS, I don't think it would be that difficult for the husband to prove he was unaware of the Prosper loan.  He is a chiropractor.  If the wife took out the loan without his knowledge and moved the money out quickly (paying off credit cards, buying herself something or whatever) how would he know?

[Teddie33]

MHS, I don't think it would be that difficult for the husband to prove he was unaware of the Prosper loan.  He is a chiropractor.  If the wife took out the loan without his knowledge and moved the money out quickly (paying off credit cards, buying herself something or whatever) how would he know?

18. That in September 2006, the Plaintiff was led to believe by the Defendant, Ashley
Gaerke that such account was paid in full by the refinance of the residence and such account
closed.

Seems he knew something when he refi his home to pay off debts then.

[beerbud1]

Here's all I have to offer at this point, If Prosper doesn't repurchase this loan by COB Tuesday July 15th, I'm going to file a complaint with the Florida Attorney Generals office.

[xraider]

Teddie, the allegation that you cite about Ashley misleading Oakland into thinking that one account was paid off in a home refi is limited to the JP Morgan Chase account.  "Such account" (from your quote and from paragraph 18 of the First Amended Complaint) is the account that is mentioned in the caption for the Third Cause of Action, the JP Morgan Chase account.  And, Oakland claims he authorized his wife to use the JP Morgan Chase account, but he thought that account was paid off AND CLOSED as part of a home refi. 

The Prosper account is mentioned in the sixth cause of action.  The AAA account, the Citi account, the Prosper account, the US Bank account, the American Express account and the BofA account are all subjects of different causes of action, each with its own allegations.  With the possible exception of the BofA account, it appears that the husband pleads he did not know the existence of the other accounts.

Some marriage these two must have had. 

[Mtnchick]

Aside from all the ID theft stuff, I feel incredibly bad for the husband if his wife was this underhanded. 

I would think she would be in jail if this is true.

I wondered about that.  Ira, X, any reason she wouldn't be brought up on charges for this?

I tried doing this with my ex and basically the police aren't interested. Granted, I'd rather them answer a rape call, but it's still frustrating when you they flat out tell you that you're on your own.

[mhs505]

MHS, I don't think it would be that difficult for the husband to prove he was unaware of the Prosper loan.  He is a chiropractor.  If the wife took out the loan without his knowledge and moved the money out quickly (paying off credit cards, buying herself something or whatever) how would he know?

I don't see what being a chiropractor has to do with anything.   You could make the same argument about anyone not knowing what goes in and out of their bank account. 

My understanding is that no one disputes that it was put into a joint account.   And then went out of a joint account.  Seems like he was closing his eyes and saying la, la, la.   Again, if he wrote checks on that account after the fact, it seems pretty damning to me.   

I think this is someone trying to game the system and out and out lying that he wasn't involved.  Throw in a nasty divorce and you have quite the tangled web.   

ETA -- I think though we have found the reason for the new signature requirements.

[xraider]

I just talked to Oakland Gaerke's lawyer.  He told me that the money was in and out of the account within a week.

I mentioned chiropractor because he's not an accountant.....

[112233]

the 2 prosper loan payments still give me pause though. did he not wonder what those were hitting his account? maybe he didnt notice until after the 2nd one?