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Defective Debt Buyer Affidavits and the Lack of Data Integrity: Other People’s Records (“OPR”) are Not “Business Records” of Midland Funding

Barry Stimpson, like so many other Americans, was sued by Midland Funding, LLC. Midland claimed that it had bought a debt Stimpson owed to Capital One. Midland tried to prove that Stimpson owned it money with three affidavits. The District Court of Canyon County, Idaho, found that these affidavits were insufficient. The court’s decision merits reading for its clear and full analysis of the law of evidence as applied to debt buyer affidavits.

Read More »Defective Debt Buyer Affidavits and the Lack of Data Integrity: Other People’s Records (“OPR”) are Not “Business Records” of Midland Funding

OCC Consent Orders With Bank of America, Wells Fargo, HSBC and Other Banks on Debt Collection, Foreclosure & Robosigning

In June 2015, the Office of the Comptroller of the Currency issued several consent orders dealing with misconduct by large banks. Two were new, against Bank of American and Wells Fargo for newly discovered misconduct. The remainder dealt with the failure by large banks, including Wells Fargo to abide by the terms of existing Consent… Read More »OCC Consent Orders With Bank of America, Wells Fargo, HSBC and Other Banks on Debt Collection, Foreclosure & Robosigning

“Bad Paper” by Jake Halpern featured in New York Times Magazine Cover Story

Bad Paper: Chasing Debt From Wall Street to the Underworld by Jake Halpern

The New York Times Magazine has just published a cover story adapted from Jake Halpern’s phenomenal upcoming book, Bad Paper. You can read the entire article here. Because I can’t possibly capture Halpern’s outstanding writing style or story telling abilities, I offer the following excerpts article. In my opinion, Halpern’s book demonstrates that, despite what the industry contends, there is still plenty of actual ongoing systemic fraud and abuse.

Read More »“Bad Paper” by Jake Halpern featured in New York Times Magazine Cover Story

Consumer Financial Protection Bureau Sues Large Debt Collection Law Firm, Calling it a “Mill” and a “Factory.”

In what is probably an unprecedented move, a federal regulator has filed a lawsuit accusing a debt collection law firm of violating the Fair Debt Collection Practices Act because the law firm is a mill, and taking a factory approach to litigation. Specifically, the lawsuit alleges that in filing over 300,000 lawsuits, there was a… Read More »Consumer Financial Protection Bureau Sues Large Debt Collection Law Firm, Calling it a “Mill” and a “Factory.”