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Author Topic: Fred93 blog - the lawsuits are not going well  (Read 10402 times)

Nora_Lenderbee

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Re: Fred93 blog - the lawsuits are not going well
« Reply #15 on: October 31, 2008, 06:56:42 pm »

I think DF signed up for an impossible job.
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Urbi_et_Orbi

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Re: Fred93 blog - the lawsuits are not going well
« Reply #16 on: October 31, 2008, 07:07:43 pm »

Not an impossible job at all, according to his own bloviating.

he only has himself to blame for setting expectations so high with his cowboy-talk - and now he looks like an ignorant, incompetent, lying fool.
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cwsswc

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Re: Fred93 blog - the lawsuits are not going well
« Reply #17 on: October 31, 2008, 09:27:44 pm »

Fred93 has updated his blog ths morning, with a discussion of the status of several of prosper's lawsuits against delinquent borrowers.

Bottom line:  Of the 18 cases filed in Los Angeles and Orange County,
Prosper won: 1 case
In process: 8 cases
In process, but lookin' bad: 3 cases
Prosper lost: 6 cases


Fred --
Thank you for keeping up the data-based pressure on a company that has so completely and utterly failed to live up to its moral, ethical, and very likely fiduciary and legal commitments to the only customers it had that brought the money it needed to fund its operations. If and when the Harvard Business School case study on P2P lending is written, I sincerely hope your research is used as a key source.

About the only positive thing I can possibly say about this entire situation is that I'm more glad than ever to have opted out of the lawsuits when that became an option.

I had long thought that P-----r would be much more viable as a potential investment if it had a secondary market. Watching the way it has handled its "quiet period", these lawsuits, and the "charge off" vs. "sell off" on nonperforming loans,  I've come to a different conclusion. It is becoming evident that P-----r has no desire to even try to improve its reputation as a haven for deadbeats, its standing as "high risk / low reward" among current and potential investors, or its customer service for the only folks with cash to fund its operations.

As a result, even if it emerges from its quiet period with a secondary market in place, I still do not view P-----r as a viable investment. Perhaps with a radically different management culture, sufficiently patient and deep pocketed venture capital, and concrete evidence of a focus on acting to protect the interests of its loan buyers, some hope may remain. But on its own, a secondary market won't be enough to help.
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Mtnchick

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Re: Fred93 blog - the lawsuits are not going well
« Reply #18 on: October 31, 2008, 09:37:41 pm »

Is anyone on the "won" case? It will be interesting to see if you get any payments (IOW, if they "won" but don't get any $$$, then in reality, they "lost").
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cwsswc

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Re: Fred93 blog - the lawsuits are not going well
« Reply #19 on: October 31, 2008, 09:47:24 pm »

Is anyone on the "won" case? It will be interesting to see if you get any payments (IOW, if they "won" but don't get any $$$, then in reality, they "lost").

With only one victory, it probably wouldn't matter. If I remember the details of the agreement P-----r provided to loan buyers who had the option to participate, their cases and ownership of the loans would essentially be pooled, and nobody who participated would receive a single penny until P-----r recovered enough to cover all its relevent expenses, including paying off the non-participating loan buyers.

Additionally, there's still a giant leap between "winning a judgement" and "collecting the money." While Fred's detective work has uncovered P-----r's victory in the case, I am not aware of any evidence to suggest that P-----r has seen one thin dime of the cash it won in court.
« Last Edit: October 31, 2008, 09:49:53 pm by cwsswc »
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NewHorizon

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Re: Fred93 blog - the lawsuits are not going well
« Reply #20 on: October 31, 2008, 10:32:59 pm »

Doug Fuller your an embarrassment, ...

But no embarrassment over misspelling "you're"?   ;D
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ira01

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Re: Fred93 blog - the lawsuits are not going well
« Reply #21 on: November 01, 2008, 12:59:33 am »

Is anyone on the "won" case? It will be interesting to see if you get any payments (IOW, if they "won" but don't get any $$$, then in reality, they "lost").

With only one victory, it probably wouldn't matter. If I remember the details of the agreement P-----r provided to loan buyers who had the option to participate, their cases and ownership of the loans would essentially be pooled, and nobody who participated would receive a single penny until P-----r recovered enough to cover all its relevent expenses, including paying off the non-participating loan buyers.

Additionally, there's still a giant leap between "winning a judgement" and "collecting the money." While Fred's detective work has uncovered P-----r's victory in the case, I am not aware of any evidence to suggest that P-----r has seen one thin dime of the cash it won in court.

Yes, this is all exactly correct.  Prosper needs to win and collect on a number of the loans before the opting-in lenders will see one penny.  Does anyone remember how much Prosper had to pay the opting-out lenders on these loans?  That will probably be the largest expense that will have to be repaid from the NAT proceeds.  Figure probably around another $15,000 in legal costs.  And, IIRC, the contingency fee was 25%.  So only 75% of the money collected goes into the pool, first to pay the expenses, then to the opting-in lenders. 

The total original principal amount of the NAT loans was about $714,000.  The total amount sued for would be that number, less the payments that were made before default, plus the accrued interest and fees.  I would guess that the total amount sued for was probably in the neighborhood of $600,000, although that's just a wild guess.  Someone could look at each loan individually and see what the amount due was in March or so, and figure out the total sued for. 

I can't remember if Prosper ever announced what percentage of the total amount sued for opted in and opted out.  If not, didn't Prosper email each lender after the opting-in/opting-out and tell them their final percentage interest in each NAT loan?  If so, we could calculate the total dollar value that opted out, and from that calculate how much Prosper paid the opting-out lenders.  But that is all a lot of work. 

If we say for argument's sake that half the lender money opted-in, that would be perhaps around $300K opting-out.  I know Prosper announced how much it was paying the opting-out lenders (it was based on the 12/07 JDB sale).  That's probably about 9%.  So Prosper would have paid opting-out lenders around $27K.  Add $15K legal costs, and that's around $42K.  So Prosper would have to collect around $56K from the NAT defendants before opting-in lenders saw a penny. 
« Last Edit: November 01, 2008, 12:34:32 pm by ira01 »
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bamalucky

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Re: Fred93 blog - the lawsuits are not going well
« Reply #22 on: November 01, 2008, 09:02:33 am »

I bet Dougs Linkedin will omit the Prosper stint when it folds.
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mtnchickatstore

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Re: Fred93 blog - the lawsuits are not going well
« Reply #23 on: November 01, 2008, 11:28:32 am »

I'm glad I opted out.......
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