Court of Appeals of Ohio, Eleventh District, Portage
Appeal from the Portage County Municipal Court, Ravenna
Division, Case No. 2016 CVF 1695R.
A. Schwartz, (For Plaintiff-Appellee).
Vanae Matthews, pro se, (Defendant-Appellant).
V. GRENDELL, J.
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
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.
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.
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,
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 ...