Results 26 to 37 of 37
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10-20-2017, 06:08 PM #26
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Honestly I doubt Rapid would ever settle this. This case is to make an example to the other stackers out there and finally it looks like a 1st position shop is going to win [if you read the decision I think Rapid has them dead to rights on the UCC claim, but debatable on TI].
For Rapid winning might mean 50%+ of stackers steer clear of their files in most states. In their minds that might be worth millions a year in value.
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10-20-2017, 06:54 PM #27Karen37aGuest
I know certain A paper funders do second positions ( I never saw Rapid do them) and they seemed to be in-house.
Certain funders have done such bad things to people ( again not Rapid ) that they really have no reason to be telling people what is ethical and not ethical.
Tortious interference cannot be used as a weapon to gain an unfair advantage or monopoly on the market, also it must be purposeful and cause actual damaged ( defaults).I have not seen them argue that or
that people will have to assert a "fiduciary obligation" in an unregulated market...the conduct doesn't have to be criminal but just actionable under another tort. ( or unlawful ) and damages associated with the interference.
If no valid legal contract exists and the ability to establish a
business relationship is somewhat murky
( wait until someone goes to nullify if they get pulled into it based on criminal usury)
**companies who place seconds cannot point fingers and try to lock up competition ( 1st position only can really make that challenge )
Doing all of these things takes people down a slippery slope of regulation.And people think they are going to lock up business and be unethical in other ways ( not rapid ).
These things have been going on with Loans for decades thru foreclosure. Although these claims often appear significant, they are
summarily dismissed under prevailing law, as, in most cases,
a lender only had to establish that its conduct was motivated
by “legitimate business purposes” rather than malice or a
“disinterested malevolence.”
And as you see ...some brokers will slide down a slippery slope of forced defaults, debt relief etc. ( recommending bankruptcy ) for $100 referral fee.
Its best for everyone to play nice with each other ...don't know if it can ever be done.
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10-20-2017, 07:02 PM #28
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Don't start.
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10-20-2017, 07:04 PM #29
you two at it again? Get a freaking room already
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10-20-2017, 07:07 PM #30Karen37aGuest
LOL I wasnt directing that towards west coast geezus
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10-23-2017, 12:08 PM #31
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Marcus Clapman | Business Development | Cresthill Capital
(High Commissions Payout Group)
覧覧覧覧覧覧覧覧覧覧覧覧覧
Tel: 917-521-6528 | Fax: 212.671.1473
Email: bizdev@cresthillcapital.com
http://www.cresthillcapital.com
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10-23-2017, 10:43 PM #32
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10-23-2017, 10:54 PM #33
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10-23-2017, 11:44 PM #34Karen37aGuest
Yes they did.
They need to show that they were going to breach with or without the new advance...find mitigating factors ( is the business still open) etc etc etc...stopping payments does not cause bankruptcy. Once the payments stop the business should still stay afloat.
If you find the reason for the original advance or 2. 3rd was lack of money from a diminishing client database...then the cash advances didn't put them under ( or technically the additional fees/ factor rate, because you did get money ) and that the underwriting decision was made based on past data not existing data...not future.
Example ...Mortgages ...2 incomes from husband...1 from the wife.
wife loses the job, the husband gets laid off from 1 job...they then make the assertion that the payment and dollar amount of the loan was too high based on income....
forensics...based on underwriting decision made 10 years ago ( 2 jobs and 1 wife) sound decision.that is how the 2nds could prevail on mortgages and also the investors on the defaults and the swaps and losses the back were supposed to eat.
( tried to force me into being the troll under the stairs writing the forensic reports...not having it, no matter how much they offered)
Battle of the lawyers...will be interesting to see the resultLast edited by Karen37a; 10-24-2017 at 12:15 AM.
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10-24-2017, 11:27 AM #35
Reputation points: 54989
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Last edited by mcaguru; 10-24-2017 at 11:32 AM.
Marcus Clapman | Business Development | Cresthill Capital
(High Commissions Payout Group)
覧覧覧覧覧覧覧覧覧覧覧覧覧
Tel: 917-521-6528 | Fax: 212.671.1473
Email: bizdev@cresthillcapital.com
http://www.cresthillcapital.com
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10-24-2017, 12:54 PM #36Karen37aGuest
Marcus,
Maybe its because the other raised 1.2 billion thru an offering for one of their many ventures with a snap of a finger
I am bowing out of the giants going after each other, while I try to fund my piker 60k deal today( still on vacation)
** and thats why I thought raising x millions over a few years was an embarassing(low) number to say.....because of people who raise billions on a friday ...poof / raisedLast edited by Karen37a; 10-24-2017 at 01:05 PM.
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10-24-2017, 01:23 PM #37
Reputation points: 54989
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Enjoy your vacation! like grandmother always said will rest when we dead....
Marcus Clapman | Business Development | Cresthill Capital
(High Commissions Payout Group)
覧覧覧覧覧覧覧覧覧覧覧覧覧
Tel: 917-521-6528 | Fax: 212.671.1473
Email: bizdev@cresthillcapital.com
http://www.cresthillcapital.com
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