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Posted on 12/31/2010 9:21:39 AM PST by FromLori
Deceased Woman's Name Was Robo-Signed on Thousands of Affidavits
Martha Kunkle has come back to life.
She died in 1995. Yet her signature later appeared on thousands of affidavits submitted by one of the nation's largest debt collectors, Portfolio Recovery Associates Inc., in lawsuits filed against borrowers.
Some regulators complain that the use of Ms. Kunkle's name reflects an epidemic of mass-produced, sloppy and inaccurate documentation in the debt-collection industry. Lawsuits have surged as more borrowers fall behind on payments and collection firms turn to courts to get what they are owed.
After being sued for fraud, Portfolio Recovery Associates decided in early 2008 that any documents bearing Ms. Kunkle's name had "defects" and shouldn't be used when trying to collect debts, a company spokeswoman said.
Last July, though, lawyers for Portfolio Recovery Associates sought a court judgment in a lawsuit against a Seattle woman for $2,892.10 in credit-card debt and interest that she allegedly owed. It was a cookie-cutter case, except for one thing: To vouch for the debt's validity, the Norfolk, Va., company included an affidavit signed by Martha Kunkle.
The spokeswoman said the document was "inadvertently used by our outside counsel" because of "human error," adding that the suit was dropped later "upon review of the case."
The company said Ms. Kunkle's name isn't on any other affidavits submitted to judges since early 2008 by Portfolio Recovery Associates or outside lawyers who handle most of its debt-collection cases.
"When you see corner-cutting like this, it's alarming," Minnesota Attorney General Lori Swanson said about the Kunkle case. Ms. Swanson is investigating numerous buyers and collectors of consumer debt for falsifying affidavits. A spokeswoman for the company, the second-largest debt buyer in the U.S. by revenue, said the company is unaware of the investigation and declined further comment.
(Excerpt) Read more at online.wsj.com ...
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The ugly underbelly. From Foreclosure Fraud, Debt collection fraud TO GOVERNMENT REPORTING FRAUD, AMERICA IS THE COUNTRY WHERE LYING IS ACCEPTED PRACTICE.
THE 9th COMMANDMENT
Exodus 20:16 “Thou shalt not bear false witness against thy neighbour.”
You forgot to add the people that run up debt with no intention of repaying it.
It is blatantly apparent that the lenders were not expecting this crisis to hit. They therefore did not keep their records up to date nor their practices.
Yes there are crooks who borrowed money and there were crooks who lent money. I would think that if your business was lending money then you should have your “A” game with you in order to combat the crooks and to show your best face whenever possible.
To Hell with the crooks on both sides.
That would be covered by #8.
How about fraud?
If a business is submitting documents as having been reviewed and signed off on by a person who did not do so, why is that not fraud?
Whether the person is alive or dead, works for the company or not, the issue is whether the review indicated by the signature was performed, and it seems irrefutable that many if not most were not. It only came out in this case because the lady was dead.
“Dead Soul Debt Collector” is a great name for a band.
I suppose when the dead aren’t voting, they are working in debt collections.
Agreed. But the one that really bothers me the most is the apparent acceptance of the American People to the misrepresentations and outright lies of the Federal Government. True unemployment Figures? True Federal Debt?
True Obamacare ramifications? Lying has become the Societal norm in America. Where is the outrage?
“How about fraud?”
Yes looks like Perjury and that is a Felony but I guess it just depends on who is committing the crime. We have become a Banana Republic it seems since the only laws being enforced are against the citizens. If we truly were a nation of laws they would be applied across the board and they are not they called this cutting corners rather then a crime and charging them.
I would think a fine of $10k per use going back to 1995 and a year in jail for each incident should suffice as adequate punishment. (I know, I know, I’m a softly.)
This whole situation is best described by a compound word beginning with "Cluster"
As long as the majority accepts a selective, discretionary, legal definition of the 'good', then people and organizations will take the easiest route to their goals they can get away with taking. Anti-Bullshit is the most important skill to develop if we are to promote Freedom. Bar none. Much more effective than outrage alone, which the 'establishment' is very good at turning to their advantage, through more bullshit.
Outrage is very tiring.
After a while they just wear you down to acceptance.
Bubba did more to destroy the societal standards that for generations has brought us to the greatest Nation on earth.
By accepting this gutter standard of behaviour we now find ourselves at serious rick of losing everything we hold dear.
Seven plus One:
“Anti-Bullshit is the most important skill to develop if we are to promote Freedom. Bar none. Much more effective than outrage alone, which the ‘establishment’ is very good at turning to their advantage, through more bullshit. “
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I like this comment, seems workable.
You have to couple that with sarcastic humor with just a touch a ridicule though to be effective.
I don't think outrage gets you anything at all.
thanks for the ping
Outrageous. I don’t know how dead people signing would be legally enforceable...
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