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Assumptions: Valid Existence, Good Standing, Qualification to Conduct Business, Authority, Due Execution

All parties to the Agreement and the related documents, other than the Borrower, are validly existing and in good standing under the laws of their respective jurisdictions of organization, are qualified to conduct business under the laws of all jurisdictions where they are conducting business or required to be so qualified, have full power and authority to execute, deliver and perform under such documents, have duly authorized the execution and delivery of such documents, and have duly executed and delivered such documents;

If you have been damaged by DSC file your complaint here!

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Anonymous
#74044

Automotive Finance Corporation (AFC) went to Arkansas and asked for repossession of the cars in New Jersey.

Too bad AFC did not have the vehicles; they just converted the titles from New Jersey to Arkansas.

When Patrick Dunn's auto dealership in New Jersey went out of business a few months ago, something weird happened to "40 or 50" customers who had bought cars from him, writes Bob Braun at NJ.com.

The company Dunn had taken out business loans with, Automotive Finance Corporation (AFC) went to Arkansas and asked for repossession of the cars in New Jersey.

The Arkansas department of motor vehicles assumed AFC meant for unsold cars on the lot, so they granted the request—and now AFC says it owns titles to cars that people are already driving and paying for.

AFC, part of ADESA and KAR HOLDINGS, Inc. simply defrauded the Arkansas DMV, so the DMV need to take action against AFC. The original titles are in New Jersey; these "duplicate" or "counterfeit" titles are frauds.

Anyone who wants can likely sue for fraud and conversion and collect treble damages.

Federal authorities may want to look up "Misprision of felony" when they investigate Arkansas department of motor vehicles.

Anonymous
#61443

1. Written by Victim of DSC & AFC, on 28-05-2009 00:53

LOAN SHARK BITES BACK!!!

DEALER SERVICES CORPORATION ELIMINATES FRIVOLOUS CLAIM OF 189 MILLION DOLLARS FILED BY FAILED USED CAR DEALER MICHAEL GRISSOM DOING BUSINESS AS AMERICAN FAMILY AUTO

(Just another small business destroyed by an unlicensed lender.)

On March 3, 2009, Dealer Services Corporation (“DSC”) successfully eliminated frivolous claims of 189 million dollars and a request for punitive damages filed by failed used car dealer Michael Grissom, who previously did business as American Family Auto. The California Riverside County Superior Court granted DSC’s motion to strike Grissom’s spurious allegations for punitive and exemplary damages, as well as his claim for 189 million dollars, as improper and without any factual basis.

(When Riverside Judge Tranbarger asked DSC attorney Benjamin Griffin if DSC was licensed, Griffin stated DSC is licensed to do business in California. It must have been a real hoot for Griffin to tell the partners at Prenovost, Normandin Bergh & Dawe what a great job he did in steering the Honorable Judge Tranbarger away from the truth. Kudos’s to Griffin for making a mockery of the judicial system.)

Plaintiff Michael Grissom borrowed approximately $200,000 from DSC in order to finance his inventory of used cars, but when his partnership with Alfred King failed, Grissom cynically turned against his partner, lenders, suppliers, and their employees, and filed suit in Riverside County Superior Court blaming everyone but himself.

(DSC partnered with Dial Finance to use money from Grissom’s credit line to pay off delinquent debts owed by Dial. I imagine that DSC had plenty of trust in Dial’s broker Mark White, a convicted felon illegally brokering loans to DSC from unwary dealerships. Benjamin Griffin might want to disclose to the court that DSC is suing Dial Finance in Indiana court).

The Court threw out four previous complaints filed by Grissom, as wholly insufficient, including his spurious claims of breach of fiduciary duty, breach of duty of loyalty, breach of the implied covenant of good faith and fair dealing, and conspiracy. In his final opportunity, the Court has allowed only claims for breach of contract and negligence, and disallowed his $189 million claim and his request for an award of punitive damages. More particularly, the Court found that there were no facts for Grissom to take to trial for unfair competition and lack of lender’s license.

(When Judge Tranbarger asked DSC attorney Benjamin Griffin if DSC was licensed, Griffin stated DSC is licensed to do business in California. It must have been real hoot telling the partners at Prenovost, Normandin Bergh & Dawe what a great job he did in steering the Honorable Judge Tranbarger away from the truth.

The great law firm of Prenovost, Normandin Bergh & Dawe convinced the court to believe that it would be ridiculous to think that Dealer Services Corporation was loan sharking in California. Too bad Michael Grissom naively went to court thinking that the truth would be his might. Prenovost, Normandin Bergh & Dawe countered the truth by filing motions to strike, sanction, and demurrer and quash).

Indicative of his baseless claims, Grissom is on his third set of attorneys and his fifth complaint and now must defend against DSC’s cross-complaint seeking recovery

of $370,195.83 in treble damages, plus attorney fees and costs.

(It’s great that Indiana has no usury laws. Unfortunately for DSC, California courts have determined that if both the lender and borrower are in California, Indiana law does not apply.

Luckily, California has abuse-of-process laws that should take some of the hurt off those judgments on California borrowers that were obtained in Indiana courts. Why use Indiana Courts when your loan was made in California? California courts aren’t much on unlicensed lenders collecting usurious interest and also awarding the loan shark treble damages.)

DSC vigorously responds to claims by fly-by-night dealerships that borrow money, fail at their business, and attempt to blame DSC and others for their own shortcomings. For further information contact Prenovost, Normandin Bergh & Dawe, a Professional Law Corporation, and (714) 547-2444.

(Prenovost, Normandin Bergh & Dawe also represent Automotive Financial Corporation (AFC), another flooring lender. However, AFC did take the time to obtain a lenders license in 2007. That was only SEVEN years after they started making loans. For some odd reason, Automotive Finance Corporation used a new name for their old business. They called themselves AFC Cal, LLC. The question is, are the thousands of loans they did prior to obtaining their license in 2007 valid?)

Now that’s information that could be useful! So you might as well call Prenovost, Normandin Bergh & Dawe, a Professional Law Corporation, and (714) 547-2444.

And ask for the usury department.

Report

2. Written by Usury between the lines, on 28-05-2009 00:45

. Written by DSC ESQ, on 22-05-2009 15:34

DEALER SERVICES CORPORATION ELIMINATES FRIVOLOUS CLAIM OF 189 MILLION DOLLARS FILED BY FAILED USED CAR DEALER MICHAEL GRISSOM DOING BUSINESS AS AMERICAN FAMILY AUTO

On March 3, 2009, Dealer Services Corporation (“DSC”) successfully eliminated frivolous claims of 189 million dollars and a request for punitive damages filed by failed used car dealer Michael Grissom, who previously did business as American Family Auto. The California Riverside County Superior Court granted DSC’s motion to strike Grissom’s spurious allegations for punitive and exemplary damages, as well as his claim for 189 million dollars, as improper and without any factual basis.

When Riverside Judge Tranbarger asked DSC attorney Benjamin Griffin if DSC was licensed, Griffin stated DSC is licensed to do business in California. It must have been a real hoot for Griffin to tell the partners at Prenovost, Normandin Bergh & Dawe what a great job he did in steering the Honorable Judge Tranbarger away from the truth. Kudos’s to Griffin for making a mockery of the judicial system.

Plaintiff Michael Grissom borrowed approximately $200,000 from DSC in order to finance his inventory of used cars, but when his partnership with Alfred King failed, Grissom cynically turned against his partner, lenders, suppliers, and their employees, and filed suit in Riverside County Superior Court blaming everyone but himself.

DSC partnered with Dial Finance to use money from Grissom’s credit line to pay off delinquent debts owed by Dial. I imagine that DSC had plenty of trust in Dial’s broker Mark White, a convicted felon illegally brokering loans to DSC from unwary dealerships. Benjamin Griffin might want to disclose to the court that DSC is suing Dial Finance in Indiana court.

The Court threw out four previous complaints filed by Grissom, as wholly insufficient, including his spurious claims of breach of fiduciary duty, breach of duty of loyalty, breach of the implied covenant of good faith and fair dealing, and conspiracy. In his final opportunity, the Court has allowed only claims for breach of contract and negligence, and disallowed his $189 million claim and his request for an award of punitive damages. More particularly, the Court found that there were no facts for Grissom to take to trial for unfair competition and lack of lender’s license.

When Judge Tranbarger asked DSC attorney Benjamin Griffin if DSC was licensed, Griffin stated DSC is licensed to do business in California. It must have been real hoot telling the partners at Prenovost, Normandin Bergh & Dawe what a great job he did in steering the Honorable Judge Tranbarger away from the truth.

The great law firm of Prenovost, Normandin Bergh & Dawe convinced the court to believe that it would be ridiculous to think that Dealer Services Corporation was loan sharking in California. Too bad Michael Grissom naively went to court thinking that the truth would be his might. Prenovost, Normandin Bergh & Dawe countered the truth by filing motions to strike, sanction, and demurrer and quash.

Indicative of his baseless claims, Grissom is on his third set of attorneys and his fifth complaint and now must defend against DSC’s cross-complaint seeking recovery

of $370,195.83 in treble damages, plus attorney fees and costs.

It’s great that Indiana has no usury laws. Unfortunately for DSC, California courts have determined that if both the lender and borrower are in California, Indiana law does not apply.

Luckily, California has abuse-of-process laws that should take some of the hurt off those judgments on California borrowers that were obtained in Indiana courts. Why use Indiana Courts when your loan was made in California? California courts aren’t much on unlicensed lenders collecting usurious interest and also awarding the loan shark treble damages.

DSC vigorously responds to claims by fly-by-night dealerships that borrow money, fail at their business, and attempt to blame DSC and others for their own shortcomings. For further information contact Prenovost, Normandin Bergh & Dawe, a Professional Law Corporation, and (714) 547-2444.

Prenovost, Normandin Bergh & Dawe also represent Automotive Financial Corporation (AFC), another flooring lender. However, AFC did take the time to obtain a lenders license in 2007. That was only SEVEN years after they started making loans. For some odd reason, Automotive Finance Corporation used a new name for their old business. They called themselves AFC Cal, LLC. The question is, are the thousands of loans they did prior to obtaining their license in 2007 valid?

Now that’s information that could be useful! So you might as well call Prenovost, Normandin Bergh & Dawe, a Professional Law Corporation, and (714) 547-2444.

And ask for the usury department.

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