The signature of a woman who has been dead since 1995 has mysteriously been showing up on collection agency affidavits post mortem- for over ten years. It seems the infamous practice of
robo signing made famous by sleazy mortgage servicer's-has been a technique practised by collection agencies as well.
Credit card company Providian National once owned by Washington Mutual, now owned by J.P Morgan-Chase had used the repeated signature of a deceased employee named Martha Kunkle to sign affidavits when collection agency Portfolio Recovery Associates purchased defaulted balances from credit card accounts. Portfolio Recovery has been using these false affidavits to collect debts in lawsuits filed against borrowers.
Martha Kunkle was a resident of Arlington Texas, born in 1922 and passed away in 1995. Her life remained unblemished until her death when he daughter Lorraine Kunkle-a one time employee at WAMU ,authorised colleges to use her mothers signature for its robo signing purposes.
Regulators are complaining that using the deceased woman's name proves collection agency practices are as fraudulent as mortgage servicer's use of robo signing to illegally collect a debt. More and more collection agencies are suing people in courts to get what they claim to be owed.
In a Montana lawsuit Portfolio Recovery Associates was sued for fraud in 2008 over the highly questionable use of of Martha Kunkle's signature-claiming the company used abusive, unfair and unlawful practices to collect debts. Also court records show Portfolio has been sued in more than 200 consumer cases in other Federal District courts across the country in the last three years.
But in July 2010 a Seattle woman was sued for $2,892.10 by Portfolio to collect a debt-and Martha Kunkle's signature again reappeared. A Portfolio Recovery associate spokes zombie called the incident "human error" but failed to comment any further and they dropped the suit against the Seattle woman.
After hearing testimony from a Portfolio Recovery associate who admitted that its
"legal specialists" regularly signed over 200 affidavits a day-the Federal Trade Commission recommended that state regulators require the
disclosure of more information by debt collectors and debt buyers.
Martha Kunkle's name first attracted attention after her name appeared in thousands of affidavits generated by a branch of Providian National Corp. The credit card issuer sold a number of delinquent account balances to Portfolio and other collectors which then sued the borrowers to collect the debt-most of which was before 2004.
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| "I swear to tell the truth" |
The lawsuit involving the Seattle woman included an October 2006 affidavit in which Martha Kunkle,designated agent for Providian swore
,"to the best of my knowledge, that the amount owed reflects a true and correct accounting of the card holders credit card amount."
Some judges say robo-signing is more prevalent in collection agency affidavits than in foreclosure documents. Most people sued for credit card debt usually ignore the letters and phone calls and 90% ignore the lawsuit itself out of fear or shame. With very few people willing to challenge the debt agencies they do very little to present actual evidence that they have the legal right to collect the debt. The majority are relaying on erroneous or incomplete paperwork when suing to recover a debt.
Too many in fact have little more than a spread sheet with the borrowers name and amount owed.If a borrower does challenge the collector they then resort to a robo-signed document which supposedly
authenticates the debt.This
proof is more designed to intimidate the debtor and bamboozle a judge who is more concerned that the required documents are there. Up until now judges took the collectors docs as proof they had a claim.
The robo signer is supposed to be someone who oversees the account-is familiar with the history and can verify the account is delinquent.This person is
by law supposed to review each package of documents thoroughly before signing off.
They never or rarely do.
According to lawyers representing borrowers many of the largest collection companies buy debt in bulk and have no evidence to back up their claim. They instead use pressure tactics to get people to pay-with threats of a lawsuit if the borrower doesn't respond-and only pull out the fraudulent-robo signed affidavit as a
last resort.
Since debt collectors depend on borrowers ignoring their demands they have become over confident and lazy in following the law.They relay on the inaction of the borrower to assure them a win in court. In a credit card lawsuit the borrower doesn't
have to prove they don't owe the debt-the collector does-and most when challenged can't -without opening themselves up for a fraud investigation. If a borrower is sued looking up previous lawsuits by the same company will show similar names signed thousands of times-sometimes with varying signatures over and over. All the borrower has to do is present this evidence to court-or require the signor to testify-which is either impossible (as in Martha Kunkle) or too expensive for the collection company. knowing your rights under the law is extremely important and any person being hounded by a debt collector should read
HERE and
HERE.
All states have a statute of limitations for debt collection and they vary from signed agreements to verbal contracts to find out you rights under the laws of your state go
HERE
With the economy being what it is debt collection agencies are getting more ruthless and will stoop to any bottom feeding level they can to make your life a living hell. If you do anything to rectify the problem contact the original creditor-they are more than willing to accept payment minus the late fees and interest charges usually accepting
40 cents on the dollar.
Beware of debt consulting companies-they are usually just the middleman between a lawyer and credit issuer-some charge as much as $500 dollars to put you in touch with a debt resolution lawyer-and you can do that yourself. Before your delinquent balance gets sold to a collection agency it is written off by the card company and they use it as a tax credit-so they aren't really losing anything-and all those predatory interest rates-late charges-and service fees are just icing on their cake-those amounts are where the take the loss.
A lawsuit filed in Great Falls Montana is accusing several debt collectors of civil racketeering and debt collection laws- by filing fraudulent affidavits against consumers-included in that case is Portfolio Recovery Associates.
When will the Attorneys General at both the Federal and State level start prosecuting these crooks? Using a signature of a dead person is
forgery plain and simple. These are not
mistakes-these are not
errors as so many of these
gangsters claim-including the entire banking cartel involved in foreclosure-gate. It seems there is no rule of law and no law enforcement agencies that will enforce the law when the party involved is the average American.
If neither political party will bring felony charges against even one single executive in the foreclosure scandal what will be next?
School loan-gate?
There are millions of defaults on the books being gobbled up by collection agencies too many to follow the rules -
or so it seems- and using robo-signing is the only way they can collect-legally or
not.
A robo-signer is no different than an
imaginary witness and until the Justice system does something the predation will continue.
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| Martha Kunkle is an Angel |
And the unproductive-parasitical financial industry that has infested the politicians of
both parties will continue to commit crimes and gut this country of all its remaining wealth.
Matha Kunkle probably never imagined she would become a hero.
And a
hero she is-
Rest in Peace Martha Kunkle.
She deserves a monument to be placed in the lobby of every JPMorgan Chase bank-as a reminder that someone is watching.
Maybe the ghost of Martha Kunkle will haunt Eric Holder.
ickenittle