IN THE DISTRICT COURT OF OKLAHOMA COUNTY,
THE STATE OF OKLAHOMA
ALLY BANK
Plaintiff,
-vs-
Michal Young
TRAVIS YOUNG
Defendant(s).
Case No.
PETITION FOR BREACH OF CONTRACT
COMES NOW the Plaintiff and for its cause of action states as follows:
1. That Plaintiff is a CORPORATION organized and existing under the laws of UTAH; the debt sued upon arose in and Plaintiff's cause of action accrued in the State of Oklahoma.
2. That at least one of the Defendant(s) reside(s) in or may be found in OKLAHOMA County, Oklahoma and within the venue of this court.
3. That upon application by the Defendant(s), the Defendant(s) did enter into a Retail Installment Contract and Security Agreement ("Agreement") with LANDERS CHEVROLET OF NORMAN, which has heretofore been assigned and sold to various parties and ultimately to Plaintiff for good and valuable consideration, to borrow a sum of money to purchase a vehicle. A copy of said Agreement is attached hereto and incorporated herein by reference as if set forth at this point in full and verbatim.
4. That the Defendant(s) did fail to perform the obligations under the Agreement and are therefore in default.
5. That if required by law or the Agreement, Plaintiff notified the Defendants of his/her/their default and right to cure, but Defendants failed to cure said default.
6. That Plaintiff repossessed the vehicle under the terms of the Retail Installment Contract and Security Agreement, and the vehicle was then sold in a commercially reasonable manner.
7. That Plaintiff notified the Defendants of the sale and any deficiency remaining after the sale.
8. That the deficiency after the sale is $32,337.16.
9. Plaintiff declares under penalty of perjury that Defendant(s) MICHAL YOUNG AND TRAVIS YOUNG is/are not in the Armed Forces for the United States, verified on 01/13/2026 via the U.S. Department of Defense website.
WHEREFORE, Plaintiff prays for Judgment against Defendant(s) in the amount of:
Amount claimed: $32,337.16
Respectfully submitted,
FABER AND BRAND L.L.C.
BY:
Michael L. Foster OK #20701
Jason P. Gubbins OK #22576
P.O. Box 10110 Columbia, Missouri 65205-4000
(888) 233-3141
(573) 442-1072 FAX
[email protected]
ATTORNEY FOR PLAINTIFF
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
F&B Acct. No: 570131
ALLY BANK,
Plaintiff,
vs.
MICHAL YOUNG AND TRAVIS YOUNG,
Defendant,
AFFIDAVIT AS TO AMOUNTS DUE AND OWING AND MILITARY SERVICE OF DEFENDANT(S)
STATE OF TEXAS
COUNTY OF DENTON
BEFORE ME this day personally appeared (Affiant) who first being duly sworn (or affirmed), deposes on personal knowledge and says:
1. Affiant is over 18 years old and competent to make this affidavit. Affiant is authorized to execute this affidavit on behalf of the Plaintiff as an employee of Plaintiff.
2. The account that is the subject of the above-styled action ("Account") relates to credit given to and owed by MICHAL YOUNG AND TRAVIS YOUNG to Plaintiff pursuant to and in accordance with an agreement for the purchase or lease (as applicable) of a motor vehicle. Attached as Exhibit 1 is a true and correct copy of such agreement.
3. Plaintiff maintains the records for the Account in the ordinary course of its business. As part of Affiant's job responsibilities, Affiant has access to business records related to the Account. Affiant, as a custodian of the attached business records for the Plaintiff, makes this affidavit based on his/her personal knowledge of the manner and method by which the Plaintiff creates and maintains the attached business records. Such business records were made at or near the time by, or from information transmitted by, a person with knowledge, kept in the course of regularly conducted business activity and it was the regular practice of Plaintiff to make such business records.
4. MICHAL YOUNG AND TRAVIS YOUNG failed to pay the amounts due on the Account. Attached as Exhibit 2 is a true and correct copy of the notification mailed to MICHAL
YOUNG AND TRAVIS YOUNG regarding the remaining obligation under the Account as of the date of such notification. Attached as Exhibit 3 is a true and correct copy of certain business records of the Plaintiff which reflect that as of the date of this affidavit, the outstanding balance justly owed to Plaintiff by MICHAL YOUNG AND TRAVIS YOUNG, exclusive of all set-offs and just grounds of defense, is $32337.16. The outstanding balance justly owed includes any and all payments, credits, rebates, adjustments and charges posted to the Account after the date of Exhibit 2. The outstanding balance justly owed equals the amount in the "Outstanding (Due)" column with a "Charge Type" of "Total Charges" less any court costs, service of process fees or other legal costs incurred by Plaintiff in the instant action but not yet awarded by the Court. Such legal costs, if any, will be identified as an entry or entries in the "Outstanding (Due)" column with a "Charge Type" of "Recovery Attorney Fees (Incoming)" on the attached Exhibit 3.
5. Affiant reviewed certain business records of the Plaintiff to determine whether the MICHAL YOUNG AND TRAVIS YOUNG is/are in military service. Such business records do not indicate that the MICHAL YOUNG AND TRAVIS YOUNG is/are in military service. In addition, Plaintiff obtained a certificate as to military service of the MICHAL YOUNG AND TRAVIS YOUNG from the Defense Manpower Data Center (DMDC). Attached as Exhibit 4 is/are true and correct copy(ies) of the DMDC certificate(s). Based upon the foregoing, Affiant states that MICHAL YOUNG AND TRAVIS YOUNG is/are not in military service.
FURTHER AFFIANT SAYETH NOT.
Affiant Name (Printed) Maria G. Ma Blance do
Title of Affiant: Postal Coordinator
The foregoing instrument was sworn to (or affirmed) and subscribed before me this 9 day of December, 2005 by Maria G. Ma Blance do (Affiant) who (✓) is personally known to me or ( ) produced ____________________________ as identification.
Type/Print Name Here: Audrey McNeil
NOTARY PUBLIC, State of Texas
EXHIBIT 1 REDACTED
RETAIL INSTALLMENT SALE CONTRACT
SIMPLE FINANCE CHARGE
Buyer Name and Address
(Including County and Zip Code)
MITCHAI YOUNG
Co-Buyer Name and Address
(Including County and Zip Code)
TRAVIS YOUNG
Seller-Creditor (Name and Address)
LANDERS CHEVROLET OF NORMAN
1221 ED NOBLE PARKWAY
NORMAN OK 73072
You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements on the front and back of this contract. You agree to pay the Seller - Creditor (sometimes "we" or "us" in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract.
<table>
<tr>
<th>New/Used</th>
<th>Year</th>
<th>Make and Model</th>
<th>Odometer</th>
<th>Vehicle Identification Number</th>
<th>Primary Use For Which Purchased<br>Personal, family, or household unless otherwise indicated below<br>[ ] business<br>[ ] agricultural<br>[ ] N/A</th>
</tr>
<tr>
<td>NEW</td>
<td>2021</td>
<td>CHEVROLET TAHOE</td>
<td>18</td>
<td></td>
<td></td>
</tr>
</table>
FEDERAL TRUTH-IN-LENDING DISCLOSURES
<table>
<tr>
<th>ANNUAL PERCENTAGE RATE<br>The cost of your credit as a yearly rate.</th>
<th>FINANCE CHARGE<br>The dollar amount the credit will cost you.</th>
<th>Amount Financed<br>The amount of credit provided to you or on your behalf.</th>
<th>Total of Payments<br>The amount you will have paid after you have made all payments as scheduled.</th>
<th>Total Sale Price<br>The total cost of your purchase on credit, including your down payment of $<br>$\quad$</th>
</tr>
<tr>
<td>8.04%</td>
<td>$24796.68</td>
<td>$78651.00</td>
<td>$103447.68</td>
<td>$103447.68</td>
</tr>
</table>
Your Payment Schedule Will Be: (e) means an estimate
<table>
<tr>
<th>Number of Payments</th>
<th>Amount of Payments</th>
<th>When Payments Are Due</th>
</tr>
<tr>
<td>84</td>
<td>$1231.52</td>
<td>MONTHLY beginning 04/26/2021</td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
</tr>
</table>
Late Charge. If payment is not received in full within 10 days after it is due, you will pay a late charge of $26.50 or 5% of the part of the payment that is late, whichever is greater.
Insurance. You may buy the physical damage insurance this contract requires (see back) from anyone you choose who is acceptable to us. You may also provide the physical damage insurance through an existing policy owned or controlled by you that is acceptable to us. You are not required to buy any other insurance to obtain credit unless the box indicating Vendor's Single Interest Insurance is required is checked below.
If any insurance is checked below, policies or certificates from the named insurance companies will describe the terms and conditions.
Check the Insurance you want and sign below:
Optional Credit Insurance
[ ] Credit Life: [ ] Buyer [ ] Co-Buyer [ ] Both
[ ] Credit Disability: [ ] Buyer [ ] Co-Buyer [ ] Both
Premium:
Credit Life $__________ N/A
Credit Disability $__________ N/A
Insurance Company Name: N/A
Home Office Address: N/A N/A
Prepayment. If you pay early, you will not have to pay a penalty.
Security Interest. You are giving a security interest in the vehicle being purchased.
Additional Information: See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date and security interest.
ITEMIZATION OF AMOUNT FINANCED
1 Cash Price (including $_________________ sales/excise tax) $ 69354.00 (1)
2 Total Downpayment
Trade-in 2016 CHEVROLET TRUCK TAHOE
(Year) (Make) (Model)
Gross Trade-In Allowance $ 31000.00
Less Pay Off Made By Seller to TINKER FEDERAL CREDIT $ 49400.00
Equals Net Trade In $ 18400.00
+ Cash $ 10500.00
+ Other MFG REBATES $ 1000.00
+ Other N/A $ N/A
+ Other N/A $ N/A
+ Other $ N/A
(If total downpayment is negative, enter "0" and see 4I below)
$ __0.00__ (2)
$ 69354.00 (3)
3 Unpaid Balance of Cash Price (1 minus 2)
$ 69354.00 (3)
4 Other Charges Including Amounts Paid to Others on Your Behalf
(Seller may keep part of these amounts):
A Cost of Optional Credit Insurance Paid to Insurance Company or Companies.
Life $ N/A
Disability $ N/A $ N/A
B Vendor's Single Interest Insurance Paid to Insurance Company $ N/A
C Other Optional Insurance Paid to Insurance Company or Companies $ N/A
D Optional Gap Contract $ 1000.00
E Official Fees Paid to Government Agencies
N/A N/A $ N/A
N/A N/A $ N/A
N/A N/A $ N/A
F Government Taxes Not Included in Cash Price $ N/A
G Government License and/or Registration Fees $ N/A
N/A
H Government Certificate of Title Fees $ 10.00
$ N/A
I Other Charges (Seller must identify who is paid and describe purpose.)
TINKER FEDERAL CR for Prior Credit or Lease Balance $ 6900.00
AUTOMOTIVE WARRANT PLATINUM $ 1312.00
ANDERS CHEVROLET DOC FEE $ 75.00
N/A N/A $ N/A
N/A N/A $ N/A
N/A N/A $ N/A
N/A N/A $ N/A
N/A N/A $ N/A
N/A N/A $ N/A
N/A N/A $ N/A
Total Other Charges and Amounts Paid to Others on Your Behalf $ 9297.00 (4)
5 Amount Financed (3 + 4) $ 78651.00 (5)
Credit life insurance and credit disability insurance are not required to obtain credit. Your decision to buy or not buy credit life insurance and credit disability insurance will not be a factor in the credit approval process. They will not be provided unless you sign and agree to pay the extra cost. If you choose this insurance, the cost is shown in Item 4A of the Itemization of Amount Financed. Credit life insurance is based on your original payment schedule. This insurance may not pay all you owe on this contract if you make late payments. Credit disability insurance does not cover any increase in your payment or in the number of payments. Coverage for credit life insurance and credit disability insurance ends on the original due date for the last payment unless a different term for the insurance is shown below.
EXHIBIT 1
Other Optional Insurance
□ N/A N/A
Type of Insurance Term
Premium $ N/A
Insurance Company Name N/A
N/A
Home Office Address N/A
N/A
□ N/A N/A
Type of Insurance Term
Premium $ N/A
Insurance Company Name N/A
N/A
Home Office Address N/A
N/A
Other optional insurance is not required to obtain credit. Your decision to buy or not buy other optional insurance will not be a factor in the credit approval process. It will not be provided unless you sign and agree to pay the extra cost.
I want the insurance checked above.
X/A N/A
Buyer Signature Date
X/A N/A
Co-Buyer Signature Date
THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTHERS. WITHOUT SUCH INSURANCE YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS.
Returned Check Charge: You agree to pay a charge of $ ____25.00____ if any check you give us is dishonored.
☐ VENDOR'S SINGLE INTEREST INSURANCE (VSI insurance): If the preceding box is checked, the Creditor requires VSI insurance for the initial term of the contract to protect the Creditor for loss or damage to the vehicle (collision, fire, theft, concealment, skip). VSI insurance is for-the Creditor's sole protection. This insurance does not protect your interest in the vehicle. You may choose the insurance company through which the VSI insurance is obtained. If you elect to purchase VSI insurance through the Creditor, the cost of this insurance is $ ____N/A____ and is also shown in Item 4B of the Itemization of Amount Financed. The coverage is for the initial term of the contract. Any insurer issuing VSI insurance waives its rights to subrogation against the Buyer.
OPTION: ☐ You pay no finance charge if the Amount Financed, item 5, is paid in full on or before N/A Year/ A . SELLER'S INITIALS! /A
OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree to pay the extra charge. If you choose to buy a gap contract, the charge is shown in Item 4D of the Itemization of Amount Financed. See your gap contract for details on the terms and conditions it provides. It is a part of this contract.
Term __________________________ Mos. AUTOMOTIVE WARRANTY
Name of Gap Contract
I want to buy a gap contract.
NO COOLING OFF PERIOD
State law does not provide for a "cooling off" or cancellation period for this sale. After you sign this contract, you may only cancel it if the seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to home solicitation sales.
The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge.
HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to this contract must be in writing and we must sign it. No oral changes are binding. Buyer Signs[signature] Co-Buyer Signs[signature]
If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others.
See back for other important agreements.
NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights.
You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You confirm that you received a completely filled-in copy when you signed it.
Buyer Signs[signature] Date 03/11/21 Co-Buyer Signs[signature] Date 03/11/21
Buyer Printed Name MICHAEL YOUNG Co-Buyer Printed Name RAVIS YOUNG
If the "business" use box is checked in "Primary Use for Which Purchased": Print Name/A
Co-Buyers and Other Owners — A co-buyer is a person who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract.
Other owner signs here X/A
Address/A
Seller signed ANDERS CHEVROLET OF NORMAN Date 03/11/21 By X [signature] Title BUSINESS MGR
Seller assigns its interest in this contract ATLY BANK (Assignee) under the terms of Seller's agreement(s) with Assignee.
☐ Assigned with recourse ☒ Assigned without recourse ☐ Assigned with limited recourse
By X [signature] Title BUSINESS MGR
OTHER IMPORTANT AGREEMENTS
1. FINANCE CHARGE AND PAYMENTS
a. How we will figure Finance Charge. We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed.
b. How we will apply payments. We may apply each payment to the earned and unpaid part of the Finance Charge, to the unpaid part of the Amount Financed and to other amounts you owe under this contract in any order we choose as the law allows.
c. How late payments or early payments change what you must pay. We based the Finance Charge, Total of Payments, and Total Sale Price shown on the front on the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments, and Total Sale Price will be more if you pay late and less if you pay early. Changes may take the form of a larger or smaller final payment or, at our option, more or fewer payments of the same amount as your scheduled payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled payment is due.
d. You may prepay. You may prepay all or part of the unpaid part of the Amount Financed at any time without penalty. If you do so, you must pay the earned and unpaid part of the Finance Charge and all other amounts due up to the date of your payment.
e. Your right to refinance a balloon payment. A balloon payment is a scheduled payment that is more than twice as large as the average of your earlier scheduled payments: If you are buying the vehicle primarily for personal, family or household use, you have the right to refinance the balloon payment when due without penalty. The terms of the refinancing will be no less favorable to you than the terms of this contract. This provision does not apply if we adjusted your payment schedule to your seasonal or irregular income.
2. YOUR OTHER PROMISES TO US
a. If the vehicle is damaged, destroyed, or missing. You agree to pay us all you owe under this contract even if the vehicle is damaged, destroyed, or missing.
b. Using the vehicle. You agree not to remove the vehicle
c. You may have to pay collection costs. If we hire an attorney who is not our salaried employee to collect what you owe, you will pay the attorney's fee and court costs the law permits. The maximum attorney's fee you will pay will be 15% of the amount you owe, unless a court awards an additional amount.
d. We may take the vehicle from you. If you default, we may take (repossess) the vehicle from you if we do so peacefully and if the law allows it. If your vehicle has an electronic tracking device (such as GPS), you agree that we may use the device to find the vehicle. If we take the vehicle, any accessories, equipment, and replacement parts will stay with the vehicle. If any personal items are in the vehicle, we may store them for you. If you do not ask for these items back, we may dispose of them as the law allows.
e. How you can get the vehicle back if we take it. If we repossess the vehicle, you may pay to get it back (redeem). We will tell you how much to pay to redeem. Your right to redeem ends when we sell the vehicle.
f. We will sell the vehicle if you do not get it back. If you do not redeem, we will sell the vehicle. We will send you a written notice of sale before selling the vehicle.
We will apply the money from the sale, less allowed expenses, to the amount you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale, and selling it. Attorney fees and court costs, if the law permits, are also allowed expenses. If any money is left (surplus), we will pay it to you unless the law requires us to pay it to someone else. If money from the sale is not enough to pay the amount you owe, you must pay the rest to us unless the law provides otherwise. If you do not pay this amount when we ask, we may charge you interest at a rate not exceeding the highest lawful rate until you pay.
g. What we may do about optional insurance, maintenance, service, or other contracts. This contract may contain charges for optional insurance, maintenance, service, or other contracts. If we demand that you pay all you owe at once or we repossess the vehicle, you agree that we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what
from the U.S. or Canada, or to sell, rent, lease, or transfer any interest in the vehicle or this contract without our written permission. You agree not to expose the vehicle to misuse, seizure, confiscation, or involuntary transfer. If we pay any repair bills, storage bills, taxes, fines, or charges on the vehicle, you agree to repay the amount when we ask for it.
c. Security Interest.
You give us a security interest in:
• The vehicle and all parts or goods put on it;
• All money or goods received (proceeds) for the vehicle;
• All insurance, maintenance, service, or other contracts we finance for you; and
• All proceeds from insurance, maintenance, service, or other contracts we finance for you. This includes any refunds of premiums or charges from the contracts.
This secures payment of all you owe on this contract. It also secures your other agreements in this contract. You will make sure the title shows our security interest (lien) in the vehicle. You will not allow any other security interest to be placed on the title without our written permission.
d. Insurance you must have on the vehicle.
You agree to have physical damage insurance covering loss of or damage to the vehicle for the term of this contract. The insurance must cover our interest in the vehicle. You agree to name us on your insurance policy as an additional insured and as loss payee. If you do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to buy physical damage insurance, we may either buy insurance that covers your interest and our interest in the vehicle, or buy insurance that covers only our interest. If we buy either type of insurance, we will tell you which type and the charge you must pay. The charge will be the premium for the insurance and a finance charge computed at the Annual Percentage Rate shown on the front of this contract. If the vehicle is lost or damaged, you agree that we may use any insurance settlement to reduce what you owe or repair the vehicle.
e. What happens to returned insurance, maintenance, service, or other contract charges. If we get a refund of insurance, maintenance, service, or other contract charges, you agree that we may subtract the refund from what you owe or repair the vehicle. If the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe.
3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
a. You may owe late charges. You will pay a late charge on each late payment as shown on the front. Acceptance of a late payment does not excuse your late payment or mean that you may keep making late payments.
If you pay late, we may also take the steps described below:
b. You may have to pay all you owe at once. If you break your promises (default), we may demand that you pay all you owe on this contract at once. Default means:
• You do not pay any payment on time;
• You give false, incomplete, or misleading information during credit application;
• You start a proceeding in bankruptcy or one is started against you or your property; or
• You break any agreements in this contract.
The amount you will owe will be the unpaid part of the Amount Financed plus the earned and unpaid part of the Finance Charge, any late charges, and any amounts due because you defaulted:
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS THEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
The preceding NOTICE applies only to goods or services obtained primarily for personal, family, or household use. In all other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract.
4. WARRANTIES SELLER DISCLAIMS EXHIBIT 1
Unless the Seller makes a written warranty, or enters into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or of fitness for a particular purpose.
This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide.
5. Used Car Buyers Guide. The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale.
Spanish Translation: Guía para compradores de vehículos usados. La información que ve en el formulario de la ventanilla para este vehículo forma parte del presente contrato. La información del formulario de la ventanilla deja sin efecto toda disposición en contrario contenida en el contrato de venta.
6. SERVICING AND COLLECTION CONTACTS
You agree that we may try to contact you in writing, by e-mail, or using prerecorded/artificial voice messages, text messages, and automatic telephone dialing systems, as the law allows. You also agree that we may try to contact you in these and other ways at any address or telephone number you provide us, even if the telephone number is a cell phone number or the contact results in a charge to you.
7. APPLICABLE LAW
Federal law and the law of the state of Oklahoma apply to this contract.
EXHIBIT 1
Form No. 553-OK 7/20
Non-Authoritative Copy [20210319]
EXHIBIT 2 REDACTED
ally
P.O. Box 380903
Bloomington, MN 55438-0903
800-241-0172
April 3, 2024
Michal Young
Travis Young
How We Calculated Your Surplus or Deficiency
Agreement #: [REDACTED]4903
Your 2021 CHEVROLET TAHOE, VIN [REDACTED], was sold on March 15, 2024. As of the date of this letter, the amount you still owe us under the terms of your contract is $32,337.16. This amount was calculated as follows:
Unpaid balance before subtracting money from sale $ 66,252.77
This amount was calculated as of April 3, 2024.
Money from sale
Unpaid balance minus money from sale - 39,500.00
$ 26,752.77
Known expenses of taking, preparing for sale, processing, and selling vehicle, attorney fees, and other legal expenses:
Repossessing & transporting $ 6,085.73
Reconditioning 77.43
Selling costs 69.00
Title & registration fees 65.24
Attorney fees and legal expenses the law permits 0.00
Other allowable expense 297.00
+ 6,594.40
Credits:
Rebate of unearned insurance premiums $ 1,010.01
Insurance claims 0.00
Other Allowable Credit 0.00
- 1,010.01
$ 32,337.16
EXHIBIT 2
Our records indicate you may have financed one or more optional insurance, maintenance or other contract/policy and may be entitled to refund. If we were able to obtain a refund on your behalf as of the date of this letter, we applied it as a credit to your account, which is reflected above under credits. If we were not able to obtain a refund as of the date of this letter, you will need to contact your dealer or product administrator for more information on whether a refund is available to you and if so, how to obtain it.
The amount of any deficiency/surplus shown above may change because of future additional credits, rebates, or charges.
For more information about this transaction or to make payment arrangements, you may call us at the telephone number at the top of this letter or write us at the address at the top of this letter.
You can reach us, Monday through Friday from 7:00 AM to 7:00 PM CST.
Sincerely,
Ally Bank
This account is being serviced by Ally Servicing LLC.
EXHIBIT A REDACTED
ally
P.O. Box 380903
Bloomington, MN 55438-0903
877-845-8862
January 11, 2024
Michal Young
Travis Young
NOTICE OF OUR PLAN TO SELL PROPERTY
Subject: Agreement Number[REDACTED]4903
We have your vehicle a 2021 CHEVROLET TAHOE with VIN[REDACTED], because you broke promises in our agreement.
We will sell your vehicle at private sale sometime after January 26, 2024. A sale could include a lease. The vehicle sale may be delayed or postponed depending on your state or local government's emergency orders related to the COVID-19 pandemic.
The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else.
You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. You can also get it back for less (see below). To learn the exact amount you must pay, call us at the telephone number at the top of this letter.
If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at the telephone number at the top of this letter or write us at the address at the top of this letter and request a written explanation.
If you need more information about the sale, call us at the telephone number at the top of this letter, or write us at the address at the top of this letter.
We are sending this notice to the following other people who have an interest in your vehicle or who owe money under your agreement:
None
Additional Information
In addition to being able to get your vehicle back by paying the full amount you owe, you can also get it back any time before we sell it by paying all past due payments, late charges, and expenses. You must also provide proof of the physical damage insurance your contract requires. Then you must start making your payments again. As of the date of this letter, you must pay:
Past due payments (5 of $1,231.52, 1 of $1,231.04) $ 7,388.64
Late charges + 954.39
Expenses (Retaking the vehicle $5,362.23) + 5,362.23
TOTAL $ 13,705.26
The longer you wait, the more you may have to pay to get your vehicle back. Only reasonable expenses may be charged. They must be the direct result of taking and selling the vehicle. We may also charge you the costs of getting it ready for sale and reasonable attorney fees, as the law permits.
Your vehicle and personal property, if any will be at Special Services Inc, 6201 S Shields Blvd, Oklahoma City, OK, 73149. They will retain the personal property for at least 60 days after the date the vehicle was repossessed and may then discard it. We may however, move the vehicle to an alternate location of Z66 Auto Auction, 66 N Mingo Rd, Tulsa, OK, 74116-2532 for storage and/or in preparation for sale. You must call us to confirm the vehicle location and to obtain authorization for admittance to either of these locations if you want to see the vehicle or to retrieve it if you do what is required to get it back.
We must send you any extra money owed to you from the sale of your vehicle within a reasonable time. If you do not get the money, you may have the right to sue for it plus any penalties fixed by law.
If you do not do what is required to get your vehicle back, by January 26, 2024, we will attempt to cancel any optional insurance, maintenance, or other contract/policy that is part of your contract. Make sure any other coverage you no longer want is canceled, by calling the insurance company or the dealer to do this. You have a right to credit for any refunds.
You can reach us, Monday through Friday from 8:00 AM to 5:00 PM CST.
Contact us at the telephone number at the top of this letter for more information about getting back the vehicle or for more information about any personal property that you think might have been in the vehicle, if any.
Sincerely,
Ally Bank
This account is being serviced by Ally Servicing LLC.