by Structured Settlement Watchdog
Residence is where you actually live not something you make up for cash now
Structured Asset Funding, LLC d/b/a 123LumpSum has mounted an audacious defense that is a clear warning to anyone sucked into a fabrication of residence in a structured settlement transfer petition.
The “Right Back Atcha” Forum Shopping Defense
“The purposeful avoidance of the Florida Courts to challenge the issue now raised in New York is telling and little more than forum shopping. Fronting the claims under a different legal theory does not insulate the claims from dismissal where they plainly challenge determinations previously made in proceedings in which he participated” September 3, 2020
In the complaint Plaintiff provided copies of damning emails from then Structured Asset Services representative Mel Luback that clearly show the New York to Florida Inducement and Coaching by the Defendant’s representative.
Typo Humor
I’d like to offer the following “comma”
The reply affirmation in support of a motion to dismiss, filed under penalty of perjury, states that he is ‘counsel to (Defendant) Structured Asset Funding, LLC d/b/a 123 LumpsumInsurance Company of North America (“Structured Asset”)’. The DBA does not exist as affirmed. Further, upon information and belief Insurance Company of North America is represented by entirely different counsel.
The same affirmation says that Structured Asset Funding notes that failure to state all necessary parties is a basis for dismissal. Oh my gosh.
Philip Lape , Plaintiff v Structured Asset Funding, LLC d/b/a 123 LumpSum, Insurance Company of North America, and Life Insurance Company of North America, Defendants New York State Supreme Court County of Monroe Index E2020003377 filed May 26, 2020
See my June 8, 2020 post for background Fraudulent Scheme to Evade NY Structured Settlement Protection Statute by 123 LumpSum Says New Complaint