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Williams v. Canton School Employees Federal Credit Union

Court of Appeals of Ohio, Fifth District, Stark

June 25, 2018

MARK A. WILLIAMS Plaintiff-Appellant
v.
CANTON SCHOOL EMPLOYEES FEDERAL CREDIT UNION Defendant-Appellee

          Civil Appeal from the Court of Common Pleas, Case No. 2017 CV 01645

          For Plaintiff-Appellant MARK A. WILLIAMS PRO SE

          For Defendant-Appellee M. CHARLES COLLINS EASTMAN & SMITH LTD

          JUDGES: Hon. John W. Wise, P. J. Hon. W. Scott Gwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          WISE, JOHN, P. J.

         {¶1} Plaintiff-Appellant Mark A. Williams appeals the October 23, 2017, Judgment Entry entered by the Stark County Court of Common Pleas, granting the motion for summary judgment filed by Defendant-Appellee Canton School Employees Federal Credit Union.

         STATEMENT OF THE CASE AND FACTS

         {¶2} The relevant facts and procedural history are as follows:

         {¶3} On June 15, 2011, Appellant Mark A. Williams obtained a loan from Appellee Canton School Employees Federal Credit Union (CSE). The amount financed as shown on the Note, signed by Appellant, was $13, 104.55. The total amount financed was comprised of three parts: (1). $3, 405.55 to pay off a prior loan by Appellant with CSE (account number XXX220-53); (2). $9, 400.00 to finance an automobile being purchased by Appellant at the time of the loan, i.e. a 2005 Chrysler 300 sedan (the "Vehicle") in which CSE took a security interest as part of the loan transaction; and (3). $299.00 for "gap insurance," which will pay the difference between the actual cash value of the Vehicle and the current outstanding balance on the Loan if something happens to the Vehicle during the course of the loan.

         {¶4} The terms of the Note required that the Loan be repaid in 42 monthly installments of $377.33 each, commencing on July 15, 2011. If any payment was late by 15 days or more, a late charge of $25.00 was assessed.

         {¶5} The Note also contained "Default and Repossession" and "Default Remedies" provisions that provided CSE with the right to require immediate payment on the Loan's outstanding balance and the right to take possession of the collateral upon failure of Appellant to make any payment on time.

         {¶6} During the course of the Loan, Appellant was chronically late with his payments.

         {¶7} On July 22, 2015, Appellee Canton School Employees Federal Credit Union filed its Complaint against Appellant Mark Williams seeking judgment on a $4, 304.20 balance owed to CSE, plus costs and interest, on the loan taken out by Mr. Williams. CSE also sought an order of replevin for possession of the Loan's collateral, an automobile.

         {¶8} On August 24 2015, Appellant filed his Answer, wherein he admitted that he entered into the Loan agreement, but denied any balance was owed on the Loan, contending the Loan had been repaid and therefore CSE had no interest in the collateral.

         {¶9} On September 22, 2015, Appellant filed a counterclaim (incorrectly designated as a cross-complaint). In his counterclaim, Appellant again admitted entering into the Loan agreement and granting a security interest in the Vehicle to CSE under the Note. Appellant also admitted that his Loan payments were "irregular" and that he had not relinquished title to the Vehicle, but alleged that he has more than paid off the Loan and the CSE has improperly applied his past payments. More specifically, Appellant alleged violations of the federal Truth in Lending Act (TILA), stating that TILA "requires full and complete disclosure of all finance amount costs. The disclosure in this matter clearly was not ...


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