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Site v. Matthews

Court of Appeals of Ohio, Eleventh District, Portage

November 6, 2017

AUTO SITE, Plaintiff-Appellee,
v.
MYKA VANAE MATTHEWS, Defendant-Appellant.

         Civil Appeal from the Portage County Municipal Court, Ravenna Division, Case No. 2016 CVF 1695R.

          Aaron A. Schwartz, (For Plaintiff-Appellee).

          Myka Vanae Matthews, pro se, (Defendant-Appellant).

          OPINION

          DIANE V. GRENDELL, J.

         {¶1} Defendant-appellant, Myka Vanae Matthews, appeals the judgment of the Ravenna Municipal Court, in favor of plaintiff-appellee, Auto Site, in the amount of $10, 102. The issues before this court are whether the repossession of collateral in a secured transaction based on claims of fraud in the application for credit ipso facto terminates a sales agreement despite the secured party's willingness to continue the contract and whether a secured creditor forfeits his right to a deficiency judgment for failing to demonstrate compliance with the notice statutes before disposing of the collateral where the debtor has not put compliance in issue. For the following reasons, we affirm the decision of the court below.

         {¶2} On June 21, 2016, Auto Site filed a Complaint in Ravenna Municipal Court against Matthews for breach of a sales contract. The case was tried before a magistrate.

         {¶3} On March 27, 2017, the magistrate issued his Decision, which the municipal court adopted on the same day. Matthews filed Objections to the Magistrate's Findings which the court overruled as untimely.

         {¶4} On June 19, 2017, the municipal court issued an Order and Judgment Entry in which the following findings and conclusions were made:

1. Plaintiff and Defendant entered into an agreement for Defendant to purchase a 2006 BMW 750L[i] * * *;
2. The parties['] agreement was signed September 12, 2015;
3. The purchase price of the vehicle was $11, 990; Defendant paid $2, 000 at the outset of the agreement; Plaintiff charged $100 for preparing documents leaving a total of $10[, ]090 with a contract interest rate of 18%;
4. The contract called for thirty-six (36) payments of $364.78 due on the 12th of each month beginning November 12th, 2015;
5. The contract called for the payment of sales tax with two payments; the tax payments were to be made on September 26, 2015 and October 10, 2015;
6. The two (2) tax payments were not paid as scheduled; the first tax payment was made on October 19, 2015[, ] and the second tax payment was made with a ...

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