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Author Topic: Anyone on Ashley Gaerke's loan (possibly in the name of Oakland Gaerke)?  (Read 122636 times)

xraider

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Attached is a complaint in bankruptcy filed by her former husband claiming Ashley Gaerke obtained a Prosper loan in the amount of $24,000 through fraud and identity theft.

So, if anyone is on a loan in the amount of $24,000, likely from Ohio, that's in Ch. 13 as of January 23, 2008, you may want to ask Prosper to honor its identity theft guarantee on this loan.
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beerbud1

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Here is the loan in question. Guess who's on it for $560.00. Thats right me.

https://www.prosper.com/secure/account/lender/lender_loan_details.aspx?id=17800
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xraider

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ugh, beerbud....

Could you please post the LISTING number?  I don't have access to loan numbers.

Still waiting for my phone to ring....
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yankeefan

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beerbud1

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Thank you Yankeefan!! Appreciate it.
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xraider

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I stopped looking too soon.

Here's the First Amended Complaint....  Check out the allegations at paragraphs 29-35 about the absence of verification.

Ugh.

The dates are about right and the amount is about right, so I'd say we have a winner. 

ETA:

From Prosper's answer, which I'll upload if anyone cares:

Quote
Loans in a total amount of $25,000.00 were extended to the Plaintiff by individual bidders using Prosper’s website (“Lenders”) and the funds were disbursed to the Plaintiff by Prosper through direct deposit to the joint checking account of Defendant, Ashley Gaerke, and the Plaintiff. Prosper acted as the Plaintiff’s authorized agent to procure loans in the total amount of $25,000.00 from various Lenders on behalf of the Plaintiff. By way of further answer, it is denied that Prosper loaned any money directly to the Plaintiff or Defendant, Ashley Gaerke.
 

(bolding mine)

I can upload the answer if anyone cares. 
« Last Edit: July 09, 2008, 05:39:15 pm by xraider »
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yankeefan

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$25,000 less 1% ($250) origination fee = 24,750.

ericcs shows 8/7/07 origination.
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beerbud1

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I googled Oakland Gaerke to find out if He was a Chirpractor. Bingo.....
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Chamatrain

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I'm not on that loan, but I thank you for your diligence, X.  How did you happen to come across that information from Ohio? (If that's not a "sekrit" answer.)
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yankeefan

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From the 2006 version of the lender registration agreement

Quote
A match of a listing with a bid on the Prosper marketplace results in a loan from Prosper to the borrower who posted the listing. Each loan will be evidenced by a Promissory Note in the form set forth on the attached Exhibit A. To safeguard your privacy rights and those of your borrowers, the identity and address of the borrower will be shielded from your view, and your identity as the owner of Loans will be shielded from your borrowers.

and from the Promissory notes
Quote
Promissory Note
Borrower: [borrower's screen name] (Real name and address not displayed)
Lender: Prosper Marketplace, Inc. (Assigned to: [yankeefan]
« Last Edit: July 09, 2008, 05:50:44 pm by yankeefan »
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xraider

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Chamatrain, I had to log onto the PACER national search function for work, and as long as I was there, I typed in Prosper Marketplace.  I believe there were 12 hits, 10 in bankruptcy proceedings.  Several of the bk references were chapter 7's, and there was no information I could pull up. 

I also checked again for my bk, which Prosper tells me is in ch 13.  That still does not show up!
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biblio1

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Was this Prosper's lawyer:  Dawn D. Johnson of Schnader,
Harrison, Segal & Lewis, LLP One Montgomery Street, Suite 2200, San Francisco, CA 94104-
5501?  I didn't see service to any familiar names.
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Urbi_et_Orbi

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Ah, yes - Prosper's industrial-strength fraud detection team...

xraider

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Dawn Johnson and local counsel Patricia Fugee.

A few familiar names on the loan....
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