Case Law – Midland Funding v Brent – Robosigning

If you are involved with Midland, please read this Opinion from Midland Funding v Brent.

Ivan Jimenez, one of Midland’s ten “specialists” in the department that supports law firms, personally signs between 200 and 400 of such affidavits per day. (Ivan Jimenez Dep., Doc. 35, Ex. E at 15). He finds the stack on a printer, signs them, and sends them by internal mail to the notary.

Here is an interesting disposition from Jimenez in Midland Funding v Brent:

Q: So were you aware when you signed this affidavit that it was going to be used as part of a collection action in a lawsuit?

A: I was not.

Q: Are you aware of any other reasons that affidavits are completed, except for the collection actions that are filed in the courts?

A: I wouldn’t know what the firm uses the affidavits for.

Q: So you simply sign them?

A: Yes.

Q: You work for Midland Credit Management; correct?

A: Yes.

Q This affidavit lists at the top as a plaintiff, Midland Funding, LLC. What’s the relationship between Midland Credit Management and Midland Funding LLC?

A: I wouldn’t be the best person to ask that question. I don’t know.

Q: Okay. If you look at paragraph 2, four lines from the bottom of paragraph 2, you’re attesting to the fact, “that the attorneys representing Plaintiff Midland Funding LLC were retained on Midland Funding LLC behalf by me or persons reporting to me for the purpose of collecting the delinquent debt.” Is that what it says? Did I read that correctly?

A: Yes

Q: When did you retain the attorneys representing Midland Funding LLC?

A: I don’t know when the people in my department retained the attorneys.

Q: Did you personally retain the attorneys?

A: I did not.

Q: Which persons in your department did retain the attorneys?

A: I wouldn’t know specifically.

Q: Are these — how many people do you have reporting to you?

A: I have zero.

Q: Do you know the names of any persons in your department or any persons in Midland Credit who actually do have the responsibility of retaining attorneys?

A: I don’t know who in my department would do that.

Q: Would there be someone from another department that would do that?

A: I wouldn’t know.

(Jimenez Dep. at 19-21).

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