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Leasing News nor information verified, but from the source noted. It reflects the opinion and research of the writer. Please send a colleague and ask them to subscribe. Ascentium Capital was sued last month in two Texas District Court lawsuits over financing worthless collateral for doctors. There are no fees or interest associated with the license. Do you think it might sound too good to be true?
The Plaintiffs seek damages and certification of a class action. In another surprising twist, former employees of MHT are coming out of the woodwork offering evidence against MHT and the lessor. Pads, a license and some off the shelf software for billing purposes. While a few of doctors had some marginal success with the nurse practitioners, it is alleged that the majority of the deals never got off the ground. The doctors were left with sizable personal guaranties to Ascentium. If this allegation is true, it may make MHT the agent of Ascentium and might arguably defeat the hell or high clause.
Ascentium, to prohibit the company from enforcing the obligations. In this companion lawsuit, the doctors seek a deposition of Ascentium CEO Tom Depping and Mr. Ascentium has moved to dismiss the companion lawsuit on the grounds that the doctors are attempting to avoid their financial obligations because they chose to do business with an unrelated entity, MHT. Curiously, Ascentium does not deny that Mr. Ascentium has also opposed the request for early discovery for the depositions, claiming that while it had sent collection letters, it now promises not to do so in the future. The case is just an allegation, but in extraordinary detail. It remains to be seen if the allegations are true.
That said, what are the takeaways from this lawsuit? First, Financing Worthless Collateral is not a Good Practice. Factually, it is unclear whether the MHT program existed at all. If true, this is a bombshell. Come on guys, you can’t have your SVP getting under the table payments from the vendor.