Troy Capital, LLC v. Precilla Villa

IN THE DISTRICT COURT OF CANADIAN COUNTY, STATE OF OKLAHOMA TROY CAPITAL, LLC ) Plaintiff(s), ) Vs. ) PRECILLA VILLA ) Defendant(s) Cause No. __CJ-2026-8 Division No._26th Judicial District Court PETITION Comes now the Plaintiff and for its cause of action against the Defendant, states: 1. That the Plaintiff is duly and legally organized and is authorized to transact business in the state of Oklahoma and is authorized to bring this action. 2. That the Defendant is a resident of Canadian County, Oklahoma. 3. Jurisdiction and venue are proper in this Court. 4. That Defendant purchased certain items with extensions of credit obtained on his/her account. 5. That the amount past due on said account, which has not been paid, and has been owed for a period of time, is as follows, principal amount, $11,631.16, plus pre-judgment interests as set out in Plaintiff's Affidavit which is attached hereto and incorporated herein by reference. The defendant breached the terms of the agreement attached hereto as Exhibit “A.” 6. That demand has been made for the payment of same, yet the balance remains unpaid. WHEREFORE, Plaintiff prays for Judgment against the Defendant in the amount of $11,631.16, with interest at the statutory rate from the date of judgment until paid, and costs of the action. Plaintiff further requests an order directing the Oklahoma Employment Security Commission to produce employment information of the judgment debtor(s) pursuant to 40 O.S. § 4-508(D). Withrow & Brunson, PLLC P.O. Box 17248 Little Rock, AR 72222 (501) 227-2000 [email protected] ____________________________ Lori Withrow (OK Bar #34582) STATE OF Nevada ) COUNTY OF Clark ) ss. AFFIDAVIT OF ACCOUNT Before me, the undersigned authority, personally appeared Katrina Felhus, who, being by me duly sworn, depose as follows: 1. My full name is Katrina Felhus. 2. I am an authorized agent of TROY CAPITAL, LLC, and I or a person under my supervision has access to the records concerning the account of PRECILLA VILLA, the Defendant. I am familiar with the books and records of TROY CAPITAL, LLC and with the Defendant's account. 3. I hereby aver that this claim is true and correct to the best of my knowledge, information and belief, and is due by the Defendant to the Plaintiff and that all just and lawful offsets, payments and credits to this account have been allowed. 4. These records show that a total balance of $11,631.16, including interest accrued at the rate of 0% after charge off unless and until pre-judgment or post judgment interest is awarded by the court, in accordance with the terms and conditions of the agreement, is due and payable by Defendant to Plaintiff, assignee of Santander Consumer USA, Inc.. Further Affiant sayeth not. Katrina Felhus AFFIANT SUBSCRIBED AND SWORN to before me this 27th day of October, 2005. M. Knight Notary Public My Commission Expires: 5/30/27 MOTOR VEHICLE RETAIL INSTALLMENT SALES CONTRACT - SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) BUYER: FEDERICA VILLA ADDRESS: 157 LAGO SECO DR CITY: EL PASO ZIP: 79928 FLELLER/CREDITOR: SUNLAND PARK CHERSNRY DODGE JEEP, INC. ADDRESS: 314 ORCHARD LN CITY: EL PASO ZIP: 79922 PHONE: (915)584-9393 CO-BUYER: ADDRESS: CITY: STATE: ZIP: HOME: The Buyer is referred to as "you" or "your." The Seller is referred to as "we," "us," or "our." This contract may be amended by the Seller. PROMISE TO PAY: The credit price is shown below as the Total Sales Price. The "Cash Price" is also shown below. By signing this contract, you choose to purchase the vehicle on credit according to the terms of this contract. You agree to pay us the Amount Financed, Finance Charge, and any other charges as set forth herein. All computations made hereunder in U.S. funds according to the Payment Schedule in this contract. If more than one person signs as a buyer you agree to keep all the promises and obligations in this contract. You have thoroughly inspected, accepted, and approved the vehicle in all respects. VEHICLE IDENTIFICATION <table> <tr> <th>YEAR</th> <th>MAKE</th> <th>MODEL</th> <th>VEHICLE IDENTIFICATION NUMBER</th> <th>OWNER</th> <th>OFFICIAL EXECUTIVE</th> <th>USED/Vehicle year</th> <th>Model</th> <th>License No.</th> </tr> <tr> <td>2018</td> <td>Jeep</td> <td>Renegade</td> <td>ZACCJBBSJPJ55072</td> <td>N/A</td> <td>OFFICIAL EXECUTIVE</td> <td>USED</td> <td>CARAVAN</td> <td>N/A</td> </tr> </table> Trade-In Value: $0 VIN: 2C4RC1BG8BC19362 FEDERAL TRUTH-IN-LENDING DISCLOSURES <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE</th> <th>Amount Financed</th> <th>Total Amount Due</th> <th>Total Payments</th> <th>Total Sale Price</th> </tr> <tr> <td>18.00%</td> <td>$19,096.24</td> <td>$29,187.94</td> <td>$42,286.00</td> <td>$50,000.00</td> </tr> </table> Your Payment Schedule Will Be: <table> <tr> <th>Notification at</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>Monthly</td> <td>$72.64</td> <td>Monthly beginning JUL 5TH 2019</td> </tr> </table> Late Charge: We do not receive your monthly payment within 30 days after its due date; you owe a penalty charge of $15 if you are buying a new commercial vehicle; you will pay a late charge of 1% of the scheduled payment. Prepayment: If you pay early, we will not refund a penalty. Security Deposit: We do not require you to provide the car title before purchase. Optional Credit Life and Credit Disability Insurance Credit life insurance and credit disability insurance are not required to finance the purchase of this property unless you specifically elect to purchase such insurance at the time of sale. If optional insurance coverage is purchased, you will be charged an additional fee. N/A Optional Insurance Coverage and Debt Consolidation Agreement The amount of credit card charges included in the purchase agreement described below is not subject to prepayment unless you notify us in writing at least 10 days prior to the stated due date. Coverage: Coverage Premium per Year GAP N/A N/A Debt Consolidation Agreement N/A N/A AMK CHICAGO, IL This agreement gives the vehicle to the finance company for repossession if the customer fails to pay. If the vehicle is repossessed, the finance company will notify the customer and the vehicle must return to the seller's lot within 30 days from the date of this contract without charge. UNDER THIS CONTRACT IN THE CASE OF A MISS-CHECK, THE FINANCE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS. REPOSSESSION AGREEMENT: You must report the theft or destruction of the vehicle to the police and notify the seller within 10 days from the date of this contract. If the period is not satisfied, the finance company may recover the vehicle through its agent or attorney. The credit card issuer will notify the seller that the card has been reported lost or stolen and may close the account. If the card is reported lost or stolen, the customer must notify the issuer within 10 days from the date of this contract. If the card is not reported lost or stolen, the buyer assumes responsibility for any charges incurred as a result of the issuer's failure to notify the seller. N/A SUBJECT TO CHANGE. THIS CONTRACT DOES NOT INCLUDE INSURANCE COVERAGE FOR PERSONAL LIABILITY AND PROPERTY DAMAGE CAUSED TO OTHERS. Reference Check Charge: You agree to pay a charge of $20 if any check you give us is returned unpaid. Agreement to Arbitrate: By signing below you agreed that pursuant to the Arbitration Provision in the reverse side of this contract, you or we may select to resolve any dispute by arbitration, binding judgement and use a court action. See the Arbitration Provision for additional information concerning the agreement to arbitrate. Buyer Signs X ____________________________ Co-Buyer Signs X _________________________ OCCC NOTICE: For questions or complaints about this contract, contact THE CONSUMER CREDIT COMMISSIONER (OCCC) is a state agency, and it enforces certain laws that apply to this contract. If a complaint or question cannot be resolved by contacting the creditor, consumers can contact the OCCC to file a complaint or ask a general credit-related question. OCCC address: 2901 N Lamar Blvd, Austin, Texas 78705. Phone (800) 538-1279. Fax: (512) 236-7410. Website: occc.texas.gov. E-mail: [email protected]. 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. Any change to this contract must be in writing. Both you and we must sign. No oral changes to this contract are enforceable. Buyer Signs X ____________________________ Co-Buyer Signs X _________________________ CONSUMER WARNING: Notice to the buyer—Do not sign this contract before you read it or if it contains any blank spaces. You are entitled to a copy of the contract you sign. Under the law, you have the right to pay off in advance all that you owe and under certain conditions may save a portion of the finance charge. You will keep this contract to protect your rights under the law. BUYER'S ACKNOWLEDGMENT OF CONTRACT RECEIPT: YOU AGREE TO THE TERMS OF THIS CONTRACT AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY IF YOU CONFIRM THAT BEFORE YOU SIGNED THIS CONTRACT WE GAVE IT TO YOU, AND YOU WERE FREE TO TAKE IT AND REVIEW IT. YOU ACKNOWLEDGE THAT YOU HAVE READ BOTH SIDES OF THIS CONTRACT, INCLUDING THE ARBITRATION PROVISION ON THE REVERSE SIDE, BEFORE SIGNING BELOW. Buyer Signature X ____________________________ Date _______________________ Co-Buyer Signature X _________________________ Date _______________________ THIS CONTRACT IS NOT VALID UNTIL YOU AND WE SIGN IT. Other notes signed along by Seller ____________________________ Date _______________________ This is a secured loan agreement By (seller) _______________________ A signed lien release will be provided when all payments are received. EXHIBIT A OTHER TERMS AND CONDITIONS 1. HOW WE FIGURE THE FINANCE CHARGE: We figure the finance charge using a simple daily earnings method as defined by the Texas Finance Code. Under the true daily earnings method, the finance charge will be figured by applying the daily rate of the Amount Financed to the unpaid portion of that portion of days that is unpaid when the amount financed is outstanding. The "Finance Charge" is the finance charge plus any administrative charges. The finance charge that appears on the repayment schedule does not include late fees or other charges. HOW WE WILL APPLY YOUR PAYMENTS: We apply your payments in the following order: a. To anything you owe under this agreement. b. To anything else you owe under this agreement. c. HOW MUCH OF MY PAYMENT GOES WHERE & WHAT YOU MUST PAY: We do not use the Finance Charge, Total of Payments, and Total Sales Price as if all payments were made as scheduled. If you do not make your payments as scheduled, or if you do not pay in full, you will have to pay more Finance Charge. If that "appears," your last payment will be more than your total scheduled payment. If all of our scheduled payments have been made, if your last payment is not paid in full, the remainder owed on your loan will be added to the amount owed, and you will owe the same amount as you scheduled payment with a smaller last payment. If you make a partial payment, the remaining payment will be reduced less what you paid. If you make your scheduled payments late, your Finance Charge will increase. We will send you a notice informing you of the Finance Charge if there is one for each scheduled payment that is due. 2. TRANSFER OF RIGHTS: We may transfer this contract to another person. That person will then have all our rights. SPECIAL PROVISIONS FOR BALLOON PAYMENT CONTRACTS: A balloon payment is a scheduled payment more than twice as large as your other payments. You may not pay off your loan prior to its scheduled end date except through prepayment to another lender. If you fail to pay before the balloon payment date, we will demand payment of the balloon payment in advance and keep your vehicle if you buy the vehicle primarily for personal family, or household use, you can enter into a new contract for a term of years and you may continue to use without a referencing fee if you remain the balloon payment. Your periodic payments will not be any more often than 74 payments per calendar year. The balloon payment balance of your new agreement will not be more than the Annual Percentage Rate in the balloon payment contract is greater than the Annual Percentage Rate Schedule has been adjusted to your seasonal or irregular income. 3. YOUR OTHER PROMISES TO US a. USE AND TRANSFER OF THE VEHICLE: You will not sell or transfer the vehicle to anyone else unless approved by us. If you sell or transfer the vehicle, this will not release you from your obligation to pay the debt. We may charge you a transfer fee (not to exceed $50) for every sale or transfer. You must promptly and at our request, if you change your address or the address where you received your monthly statements, return the vehicle from the U.S. for 72 hours or less. The vehicle will continue to be covered by the balloon payment contract. Contact Consumer Financial Protection Bureau if you are unable to get the vehicle back within 72 hours or less. b. SAFEGUARDS: You agree to keep the vehicle free and clear of liens, claims, except those that secure this contract. You will maintain insurance policies which are payable to us. You will keep the vehicle in good repair. You will not allow the vehicle to be seized or placed in jeopardy or use it illegally. You must pay any and all judgment, awards, damages, or fines. You will indemnify and hold harmless us against any loss or damage or third party takes a lien or claim against or possession of the vehicle including but not limited to attorneys fees. You will remove the vehicle from all liens or claims. We may immediately demand that you pay the amount owed to the third party for the vehicle. If you do not pay in full, we reserve the right to pursue and recover that amount in the amount you owe. We do not represent the value of the vehicle or the amount you owe, but neither can compel a finance charge on the amount. c. SECURITY INTEREST: To secure that you will keep this contract, you give us a security interest in the vehicle. This includes the vehicle itself and all accessories and parts now or later attached. All rights to all other property used to secure the vehicle. d. ALL INSURANCE POLICY(S): We may require you to provide us with written evidence of your insurance policy(ies). If you fail to provide us with written proof of the insurance policy(ies), we may terminate the contract. The insurance policy(ies) must meet certain minimum requirements, including but not limited to the following items: e. AGREEMENT TO KEEP VEHICLE INSURED: You agree to have physical damage insurance covering losses or damage to the vehicle. The insurer must be authorized to do business in the state where the vehicle is located. f. OUR RIGHT TO PURCHASE REQUIRED INSURANCE IF YOU FAIL TO KEEP THE VEHICLE INSURED: If you fail to give us proof of required insurance, we may purchase insurance on the vehicle. We may pay for the insurance and charge the amount to your account. Our insurer only you will pay the premium for the insurance and a finance charge will be charged to your account. We may assign coverage to the manufacturer. The insurer must be authorized to do business in the state where the vehicle is located. g. INVESTIGATION OF INSURANCE PROCEDURES: Your insurer's payment of insurance proceeds to recover the vehicle, unless we agree otherwise in writing. However, if the vehicle is a total loss, we will make a partial payment if we determine we should. You agree that we can use any proceedings from insurance to recover the vehicle, even if you have paid the premium to your contract. If we notify your insurer to submit the amount you owe, they will be applied to your payments in reverse order of what they were received. If the remaining amount owed after your insurer doesn't pay it you owe must pay it still owed. Once all amounts owed under this contact are paid, any remaining proceeds will be paid to you. h. RETURNED INSURANCE PREMIUMS AND SERVICE COVERED BY REIMBURSEMENTS: Any refund, discount or other credit, service contract, or other contract included in the cash price, we will subtract it from what you owe. Once all amounts owed under this contract are paid, any remaining refunds will be paid to you. 4. APPLICATION OF CREDITS: Any credit that reduces your debt will apply to your payments in the reverse order in which they are due unless we give you written notice otherwise. Any other amount of the credit and all finance charge or interest on the credit will be applied to your payments in reverse order of your payments. 5. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. LATE CHARGE: You will pay a late charge as agreed to in this agreement if you are late. b. DEFAULT: You will be in default if: 1. You do not pay any amount when it is due. 2. You give us incomplete or inaccurate information on a credit application. 3. Your financing company is "inset against you" or the co-signer(s) have defaulted in a payment. 4. You allow a judgement to be entered against you or the co-signer(s). 5. You break any of your promises in this agreement. If you default, we will exercise our rights under this contract as provided in this agreement. c. RIGHT TO DEMAND PAYMENT IN FULL: If you default, or if we have reason to believe you will default, we may demand payment in full. If you don't pay, we can demand that you immediately pay all that you owe. We don't have to give you notice that you are demanding or seeking payment in full until at least 15 days after we send notice. REPOSESSION: If you default, we may repossess the vehicle in accordance with the laws governing the vehicle. If we install a tracking device, we agree that we may use the device to find the vehicle. Before we repossess the vehicle, we may give you notice for you and give you written notice at your last known address shown on our records within 15 days of discovering that we have your vehicle. If both you and the 3rd party purchaser of the vehicle notify us within 31 days from the day we mail the notice to you, we may dispose of them as applicable, including any accessories of equipment you may have staying with the vehicle. d. YOUR RIGHT TO REDEEM: We will take your vehicle, we will tell you how to get it back. If you don't pay in full and don't want to get the vehicle back, we can sell or take further action allowed by law. Your right to redeem ends when the vehicle is sold or we have enforced the contract. DISPOSAL OF CERTIFICATES OF TITLE: If you don't pay to get the vehicle back, we can sell it or take other action allowed by law. If we sell your vehicle to a public or private sale, we will send you notice and up to 4 days before the sale to tell you of the sale. If the vehicle has any security interests, the holder(s) of the security interest must be informed of the sale. We will notify the state that the vehicle is sold, we notify the state when the vehicle is sold, we notify the state when the vehicle is sold, we notify the state when the vehicle is sold, we notify the state when the vehicle is sold. COLLECTION COSTS: We have an attorney who is not our employee to enforce this contract. You will pay reasonable attorney fees, court costs, and costs of collection incurred in enforcing the contract. We will also pay our reasonable out-of-pocket expenses incurred in maintaining, operating, servicing, storing, or selling the vehicle as the applicable law allows. Cancellation of Optional Insurance and Service Contracts: If you obtain optional insurance or service contracts within 90 days from the date of this contract, we will let you cancel such optional insurance or service contracts to the extent allowable, and terminate them to obtain refunds of unearned charges to reduce what you owe; recall the vehicle; or return the vehicle. If you cancel the optional insurance or service contract, we may claim benefit under these contracts and cancel rights to obtain refunds of unearned charges to reduce what you owe. 4. INTEGRATION AND SEVERABILITY CLAUSE This contract contains the entire agreement between you and us. No statement or promise was made outside of this contract. If any part of this contract is invalid, all other parts of this contract will remain valid and legal. 5. LEGAL LIMITATIONS ON OUR RIGHTS If we don't enforce our rights every time, we can still enforce them later. If we don’t enforce any part of this contract, that doesn’t mean we can’t enforce it later. We cannot raise a finance charge or other amounts that are more than the law allows. This provision prevails over all other parts of this contract and over all other agreements between you and us. 6. SELLER'S DISCLAIMER OF WARRANTIES Unless the seller makes a written warranty, or enters into a service contract within 90 days from the date of this contract, the vehicle sold hereunder is sold as is, with no warranty of merchantability or fitness for a particular purpose. See above. 7. USED CAR BUYERS GUIDE: The information we give on the vehicle is based on the consumer report. For more information on the websites, see the information on the website under the heading of the contract or contact the seller. Spanish Translation: Guía para compradores de vehículos usados. La información que en el formulario de la venta contiene para este vehículo se basa en el informe del consumidor. Para obtener información en español, consulte la página web del contrato o del vendedor. 8. SERVICING AND COLLECTION CONTACTS We may contact you by telephone, e-mail, fax, post, online, or by store number you gave us in the last. We may try to contact you in writing (including mail, email, and text messages) and by phone. We’ll notify you about any calls, either by an automatic voice message or by an automatic telephone. 9. APPLICABLE LAW Federal and Texas law apply to this contract. Form No. 55-5 TX ARB 4/18 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 HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. This PROVISION applies to this contract only if the vehicle financed in the contract was purchased for personal, family, or household use. ARBITRATION PROVISION PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY OTHER COLLECTIVE ACTION. 3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or dispute, whether a contract, tort, statute or otherwise including the interpretation and scope of this Arbitration Provision and any subsequent agreement (an “arbitration” or “arbitration agreement”) involving this agreement, this transaction, or that arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral binding arbitration in accordance with the Federal Arbitration Act and the Texas Arbitration Act (“Arbitration Provision”), unless this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to institute a class action. You may choose the American Arbitration Association (AAA) or Judicial Arbitration and Mediation Services (JAMS). AAA rules will govern arbitration, except as otherwise provided by federal law. The AAA and JAMS rules are available online at www.adr.org or by calling AAA at 1-800-778-7879 or JAMS at 1-800-352-5267. Arbitration hearings will be conducted in the federal district in which you reside unless the Seller-Creditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this contract was made. You may elect another arbitration organization if the chosen arbitration organization agrees to serve as arbitrator in a matter involving claims of up to a maximum of $5,000, unless the law or the rules of the chosen arbitration organization require us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. If the chosen arbitration organization's rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act 9 U.S.C. § 1 et seq.) and the laws of the State of Texas. Judgment may be entered in any court having jurisdiction. All awards in actions or proceedings subject to this Arbitration Provision shall be final and binding upon the parties, subject to any limited right of appeal under the Federal Arbitration Act. You and we retain the right to seek remedies in small claims court for disputes or claims in that court so that each seeks for awards, if any, as庭裁决定,庭裁裁决,或庭裁判决.庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决,庭裁裁决, Explanation of Calculation of Surplus or Deficiency Date: 03/20/2023 PRECILLA VILLA 509 SE GRAND BLVD OKLAHOMA CITY, OK 73129-4947 Re: Account No. [redacted] Retail Installment Sale or Credit Sale Contract dated 05/22/2019 ("Agreement") 2018 // JEEP // Renegade // VIN ZACCJABB9JPJ55072 ("Vehicle") Dear Precilla Villa: Please be advised that we disposed of the Vehicle on 03/01/2023. The proceeds of the sale have been applied as explained below. If you financed a premium for credit insurance under your Agreement, you may be entitled to a refund of any unearned portion of the premium. 1. Aggregate unpaid balance of Agreement as of 03/20/2023 $27,648.56 2. Rebate of unearned finance charges as of 03/20/2023, if any - $0.00 3. Accrued and unpaid late fees + $502.95 4. Net balance due (1 minus 2 plus 3) = $28,151.51 5. Gross proceeds from the sale of the Vehicle - $15,000.00 6. Subtotal after deducting proceeds of sale (4 minus 5) = $13,151.51 7. Costs of retaking the Vehicle $415.00 8. Costs of storing the Vehicle + $0.00 9. Costs of preparing the Vehicle for sale + $300.00 10. Costs of selling the Vehicle + $533.00 11. Attorneys' fees and court costs + $0.00 12. Other costs: + $0.00 13. Total Costs (7 through 12) = $1,248.00 14. Credit: Rebate of unearned insurance premiums $0.00 15. Credit: + $0.00 16. Credit: + $0.00 17. Total Credits (14 through 16) = $0.00 18. Balance due/surplus after sale (6 plus or minus 13, plus or minus 17) = $14,399.51 (The checked box applies to you). ☑️ Deficiency balance for which you are liable and for which demand* is hereby made $14,399.51.* ☐ No deficiency balance is owed because the cash price of the Vehicle was less than the minimum under state law. ☐ Surplus balance to be remitted to you $0.00. ** ☐ Surplus balance paid to a subordinate party $0.00.** **Future debits, credits, charges, finance charges or interest, rebates or other expenses may affect this amount. If you need more information about the transaction, contact us: Chrysler Capital, P.O. Box 961275, Fort Worth, TX 76161-1275, (855) 563-5635. Sincerely, Chrysler Capital Sent Via First-Class Mail® February 3, 2023 Precilla Villa 509 SE GRAND BLVD OKLAHOMA CITY, OK 73129-4947 NOTICE OF OUR PLAN TO SELL PROPERTY Account Number: ____________________________ Contract Dated ("agreement"): 05/22/2019 Description of Collateral ("collateral"): <table> <tr> <th>Year:</th> <th>Make:</th> <th>Model:</th> <th>VIN:</th> </tr> <tr> <td>2018</td> <td>JEEP</td> <td>RENEGADE</td> <td>ZACCJABB9JPJ55072</td> </tr> </table> Dear Precilla Villa: This is formal notice that we have the collateral because you broke promises in our agreement. We will sell the collateral at a private sale sometime after 02/18/2023. A sale could include a lease or license. The money 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 collateral 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. To learn the exact amount you must pay, call us at (855) 563-5635 or write us at Chrysler Capital, P.O. Box 961275, Fort Worth, TX 76161-1275. 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 (855) 563-5635 or write us at Chrysler Capital, P.O. Box 961275, Fort Worth, TX 76161-1275 and request a written explanation. We will charge you $0.00 for the explanation if we sent you another written explanation of the amount you owe us within the last six (6) months. If you need more information about the sale, call us at (855) 563-5635, Monday through Friday 7:00 AM to 7:00 PM Central Time, or write us at P.O. Box 961275, Fort Worth, TX 76161-1275. We are sending this notice to the following other people who have an interest in the collateral or who owe money under your agreement: You are receiving this notice due to the legal requirements of the state where you originally signed the agreement and/or the state where you currently reside. Sincerely, Chrysler Capital P.O. Box 961275 Fort Worth, TX 76161-1275 (855) 563-5635 ©2023 Santander Consumer USA Inc. All rights reserved. Chrysler Capital is a registered trademark of FCA US LLC and licensed to Santander Consumer USA Inc. All other trademarks are the property of their respective owners. IMPORTANT CONSUMER NOTICES: If you are entitled to the protections of the United States Bankruptcy Code regarding the subject matter of this letter, this communication is not an attempt to collect a debt from you personally in violation of the bankruptcy code but is for informational purposes only. CHRYSLER CAPITAL IS A DEBT COLLECTOR, THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Chrysler Capital can report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. Attention Servicemembers and Dependents: The Federal Servicemembers Civil Relief Act and certain state laws provide important protections for you, including prohibiting repossession under most circumstances during the servicemember’s active duty service. Chrysler Capital will not repossess the property of a service member or his or her dependent during that time, unless pursuant either to a court order or a servicemember’s written waiver. You can contact us toll-free at (855) 563-5635 if you have questions about your rights under SCRA. Sent Via First-Class Mail® May 12, 2022 Precilla Villa 345 Mountain Shadow Drive 910 EL PASO, TX 79912 NOTICE OF INTENT TO ACCELERATE ACCOUNT NUMBER: [REDACTED] LAST DAY FOR PAYMENT: 05/27/2022 Description of Collateral: <table> <tr> <th>Year:</th> <td>2018</td> <th>Model:</th> <td>RENEGADE</td> <th>Make:</th> <td>JEEP</td> </tr> <tr> <th>VIN:</th> <td>ZACCJABB9JPJ55072</td> <th>Contract Date:</th> <td>05/22/2019</td> </tr> </table> <table border="1"> <tr> <th colspan="2">Amount Now Due as of 05/10/2022:</th> </tr> <tr> <td>Total Payments Due</td> <td>$1,295.12</td> </tr> <tr> <td>Total Late Fees</td> <td>$335.30</td> </tr> <tr> <td>Other Fees/Expenses</td> <td>$0.00</td> </tr> <tr> <th>AMOUNT NOW DUE</th> <th>$1,630.42</th> </tr> </table> This is formal notice that you are in default under your contract because you are late in making your payment(s). To cure your default, you must pay the AMOUNT NOW DUE (shown above) by the LAST DATE FOR PAYMENT (shown above). If you pay the total AMOUNT NOW DUE by LAST DAY FOR PAYMENT, you may continue with the contract as though the default had not occurred. Payment may be sent to us at P. O. Box 660335, Dallas, TX 75266-0335. If you do not pay the AMOUNT NOW DUE by the LAST DAY FOR PAYMENT, we will accelerate the maturity of the outstanding debt under the contract and declare it immediately due and payable. This amount will include all accrued interest and other charges lawfully owing. We will also repossess the collateral and exercise all of our other rights under the law. If we repossess the collateral, you can get the collateral back by paying the accelerated balance due plus costs of repossession at any time before it is sold. Following the sale of the collateral, if there is a surplus, it will be paid to you. If there is a deficiency, we may pursue you for it. NOTE: The acceptance of these or other late payments does not waive our right to repossess the collateral or take other appropriate action if you fail to make future payments on time. You are required to make all payments on time. Please write us at P.O. Box 961275, Fort Worth, TX 76161-1275 or call us at (855) 563-5635, Monday through Friday 7:00 AM to 9:00 PM and Saturday 7:00 AM to 5:00 PM Central Time if you have any questions regarding this notice. You are receiving this notice due to the legal requirements of the state where you originally signed the agreement and/or the state where you currently reside. SEE IMPORTANT CONSUMER NOTICES AT END OF LETTER Sincerely, Chrysler Capital P.O. Box 961275 Fort Worth, TX 76161-1275 (855) 563-5635 ©2022 Santander Consumer USA Inc. All rights reserved. Chrysler Capital is a registered trademark of FCA US LLC and licensed to Santander Consumer USA Inc. All other trademarks are the property of their respective owners. IMPORTANT CONSUMER NOTICES: If you are entitled to the protections of the United States Bankruptcy Code regarding the subject matter of this letter, this communication is not an attempt to collect a debt from you personally in violation of the bankruptcy code but is for informational purposes only. CHRYSLER CAPITAL IS A DEBT COLLECTOR, THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Chrysler Capital can report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. Attention Servicemembers and Dependents: The Federal Servicemembers Civil Relief Act and certain state laws provide important protections for you, including prohibiting repossession under most circumstances during the servicemember's active duty service. Chrysler Capital will not repossess the property of a service member or his or her dependent during that time, unless pursuant either to a court order or a servicemember's written waiver. You can contact us toll-free at (855) 563-5635 if you have questions about your rights under SCRA. Sent Via First-Class Mail® June 14, 2022 Precilla Villa 9900 S MAY AVE APT 322 OKLAHOMA CITY, OK 73159-9007 NOTICE OF RIGHT TO CURE DEFAULT ACCOUNT NUMBER: [REDACTED] LAST DAY FOR PAYMENT: 06/29/2022 Description of Collateral: Year: 2018 Model: RENEGADE Make: JEEP VIN: ZACCJABB9JPJ55072 Contract Date: 05/22/2019 <table> <tr> <th colspan="2">Amount Now Due as of 06/12/2022:</th> <th></th> </tr> <tr> <td>Total Payments Due</td> <td></td> <td>$1,265.76</td> </tr> <tr> <td>Total Late Fees</td> <td></td> <td>$368.83</td> </tr> <tr> <td>Other Fees/Expenses</td> <td></td> <td>$0.00</td> </tr> <tr> <td>AMOUNT NOW DUE</td> <td></td> <td>$1,634.59</td> </tr> </table> This is formal notice that you are in default under your contract because you are late in making your payment(s). You are entitled to cure your default. In order to do so, you must pay the AMOUNT NOW DUE (shown above) by the LAST DATE FOR PAYMENT (shown above). If you pay the total AMOUNT NOW DUE by LAST DAY FOR PAYMENT, you may continue with the contract as though the default had not occurred. Payment may be sent to us at P.O. Box 660335, Dallas, TX 75266-0335. If you do not pay the AMOUNT NOW DUE by the LAST DAY FOR PAYMENT, we may repossess the collateral secured by the above-referenced contract and exercise all of our rights under the law. NOTE: The acceptance of these or other late payments does not waive our right to repossess the collateral or take other appropriate action if you fail to make future payments on time. You are required to make all payments on time. Please write us at P.O. Box 961275, Fort Worth, TX 76161-1275 or call us at (855) 563-5635, Monday through Friday 7:00 AM to 9:00 PM and Saturday 7:00 AM to 5:00 PM Central Time if you have any questions regarding this notice. You are receiving this notice due to the legal requirements of the state where you originally signed the agreement and/or the state where you currently reside. Sincerely, Chrysler Capital P.O. Box 961275 Fort Worth, TX 76161-1275 (855) 563-5635 SEE IMPORTANT CONSUMER NOTICES AT END OF LETTER ©2022 Santander Consumer USA Inc. All rights reserved. Chrysler Capital is a registered trademark of FCA US LLC and licensed to Santander Consumer USA Inc. All other trademarks are the property of their respective owners. IMPORTANT CONSUMER NOTICES: If you are entitled to the protections of the United States Bankruptcy Code regarding the subject matter of this letter, this communication is not an attempt to collect a debt from you personally in violation of the bankruptcy code but is for informational purposes only. CHRYSLER CAPITAL IS A DEBT COLLECTOR, THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Chrysler Capital can report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. Attention Servicemembers and Dependents: The Federal Servicemembers Civil Relief Act and certain state laws provide important protections for you, including prohibiting repossession under most circumstances during the servicemember’s active duty service. Chrysler Capital will not repossess the property of a service member or his or her dependent during that time, unless pursuant either to a court order or a servicemember’s written waiver. You can contact us toll-free at (855) 563-5635 if you have questions about your rights under SCRA. BILL OF SALE AND ASSIGNMENT WHEREAS, the undersigned, Santander Consumer USA Inc. d/b/a Chrysler Capital, an Illinois corporation ("Chrysler Capital") has engaged Santander Bank, N.A. ("Servicer" or "Assignor") to service certain retail installment sales contracts or loans (the "Assets") for Chrysler Capital pursuant to a servicing agreement (the "Servicing Agreement"); WHEREAS, pursuant to and in accordance with the Servicing Agreement, the Servicer has the right to sell, assign, and transfer Assets owned by Chrysler Capital; WHEREAS, on the terms and subject to the conditions set forth in the Deficiency Account Sales Services Agreement dated June 23, 2025 (the "DASS Agreement"), between the Servicer and the parent of the Servicer and Seller, Santander Holdings USA, Inc. ("SHUSA" or "Assignee"), a Virginia corporation, the Servicer has agreed to irrevocably transfer, assign, contribute and otherwise convey Assets to SHUSA for the purposes of aggregating and facilitating the sale of Assets to third party parties; NOW THEREFORE: Servicer, pursuant to the terms and conditions of the DASS Agreement, hereby assigns to SHUSA effective as of July 9, 2025: all right, title and interest of the Servicer, in, to and under the assets described in the Assignment and Schedule 1 thereto in the Purchase and Sale Agreement between SHUSA and Troy Capital, LLC dated July 9, 2025 (such Assignment and Schedule 1 attached hereto as Exhibit "A") and made part hereof for all purposes. SERVICER AND ASSIGNOR: SANTANDER BANK, N.A. By: Name: Erik Laney Title: Executive Vice President STATE OF TEXAS ) COUNTY OF DALLAS ) Sworn before me this 10 day of July 2025. (Notary Stamp & Signature) My commission expires: 05-05-2026 ACKNOWLEDGED AND ACCEPTED: Santander Holdings USA, Inc. By: ____________________________ Name: Christopher Mitcham Title: Senior Vice President Santander Consumer USA Inc. d/b/a Chrysler Capital By: ____________________________ Name: Christopher Mitcham Title: Senior Vice President (Assignment and Schedule 1 in the Purchase and Sale Agreement between SHUSA and Troy Capital, LLC dated July 9, 2025) FORM OF ASSIGNMENT For value received, in accordance with the Purchase and Sale Agreement and the Supplement thereto, dated as of July 9, 2025, together, (the "Agreement"), between Santander Holdings USA, Inc., a Virginia corporation (the "Seller"), and Troy Capital, LLC, a Nevada limited liability company (the "Purchaser"), on the terms and subject to the conditions set forth in the Agreement, the Seller does hereby irrevocably sell, transfer, assign, contribute and otherwise convey to the Purchaser on the Sale Date, without recourse (subject to the obligations in the Agreement), all right, title and interest of the Seller, whether now owned or hereafter acquired, in, to and under the Receivables set forth on the Schedule of Contracts attached hereto as Schedule 1, all Collections received on the Receivables after the Cut-Off Date, the Security and the Receivables Files relating to the Receivables and all proceeds of any of the foregoing. This Assignment is made pursuant to and upon the representations, warranties and agreements on the part of the undersigned contained in the Agreement and is governed by the Agreement. Capitalized terms used herein and not otherwise defined shall have the meaning assigned to them in the Agreement. * * * * * Exhibit A-1 IN WITNESS WHEREOF, the undersigned has caused this Assignment to be duly executed as of the date and year first above written. SANTANDER HOLDINGS USA, INC., as Seller By: ____________________________ Name: Chris Mitcham Title: Senior Vice President ACKNOWLEDGED AND ACCEPTED: Troy Capital, LLC as Purchaser By: ____________________________ Name: Bance Willey Title: Chief Executive Officer Confidential Schedule 1 to Assignment Schedule of Contracts The excel spreadsheet named Lot25-660_Santander_Deficiency_CC_TroyCapital_Final Data.xlsx. Exhibit A-3 FORM OF LIMITED POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS that Santander Holdings USA, Inc. (hereinafter "Seller"), does hereby make, constitute and appoint Troy Capital, LLC (the "Purchaser") as Seller's Agent and Attorney-in-Fact with full power of substitution and resubstitution, on behalf of Seller in its place and stead with respect only to the matters described in Paragraphs 1 and 2 below, to do, exercise and/or perform each, any and every act, exercise and power that Seller might or could do, exercise and/or perform itself or through any other person in connection with and consistent with the terms of that certain Purchase and Sale Agreement between Seller and the Purchaser dated as of July 9, 2025, intending hereby to vest in the Purchaser full power and authority with respect only to the following: 1. To make, execute, negotiate and endorse in the name of Seller any checks, drafts and other items payable to Seller on account of any Receivable. 2. To execute on behalf of Seller such documents as are necessary for the Purchaser to perfect, amend, update or transfer any security interest or lien in favor of the Purchaser on the lien certificate or certificate of title of any vehicle financed pursuant to any Receivable or any other collateral securing or related to any Receivable. This Limited Power of Attorney shall be deemed to have been executed under seal, to be coupled with an interest, shall extend to any successor of Seller, and shall commence on the date hereof. EXECUTED on this 9th day of July 2025. STATE OF TEXAS ) COUNTY OF DALLAS ) Sworn before me this 9th day of July 2025. SANTANDER HOLDINGS USA, INC., as Seller By: __________________________ Name: Chris Mitcham Title: Senior Vice President FORM OF AFFIDAVIT OF SALE OF ACCOUNT & CERTIFICATE OF CONFORMITY State of Texas, County of Dallas. Chris Mitcham being duly sworn, deposes and says: I am over 18 and not a party to this action. I am a Senior Vice President of Santander Holdings USA, Inc. In that position, I have access to the books and records of Santander Holdings USA, Inc. (the “Company”) and am aware of the process of the sale and assignment of electronically stored business records. On or about July 9, 2025, the Company sold a pool of deficiency balances and/or charged-off amounts (the "Accounts") by a Purchase and Sale Agreement and an Assignment to Troy Capital, LLC (the “Debt Buyer”). As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the Debt Buyer. These records were kept in the ordinary course of business of the Company or one of its affiliates. The Company or its affiliates has a process to detect and correct errors on the records for the Accounts. The above statements are true to the best of my knowledge. Signed this 09 day of July, 2025. Name: Chris Mitcham Title: Senior Vice President STATE OF TEXAS ) COUNTY OF DALLAS) Sworn before me this 09 day of July, 2025. NATHALY VAN ZANTEN Notary Public, State of Texas Comm. Expires 05-05-2026 Notary ID 133745009 (Notary Stamp & Signature) My commission expires: 05-05-2026 CERTIFICATE OF CONFORMITY STATE OF TEXAS) COUNTY OF DALLAS) I, Amy Forsythe, an attorney at law admitted to practice in the State of Texas and a current resident of the State of Texas, do hereby certify that the acknowledgment on the above Affidavit of Sale of Account was taken in the manner prescribed by the laws of Texas and conforms to the laws thereof. IN WITNESS THEREOF, I have hereunto set my hand this 9th day of July, 2025. Amy Forsythe Name: Amy Forsythe Title: Senior Vice President 1601 Elm Street Dallas, TX 75201 214.236.8426 NEW YORK CITY AFFIDAVIT OF SALE OF ACCOUNT AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of Texas, County of Dallas. Chris Mitcham being duly sworn, deposes and says: I am over 18 and not a party to this action. I am a Senior Vice President of Santander Holdings USA, Inc. In that position I have access to the books and records of Santander Holdings USA, Inc. (including its affiliates, “Creditor”), and am aware of the process of the sale and assignment of electronically stored business records. On or about, July 9, 2025, Creditor sold a pool of charged off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Troy Capital, LLC. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of Creditor. I am not aware of any errors in these accounts. The above statements are true to the best of my knowledge. Signed this ______ day of July 9, 2025. [Signature] Chris Mitcham, Senior Vice President Sworn before me this ______ day of July, 2025. Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act SSN: [REDACTED] Birth Date: Last Name: VILLA First Name: PRECILLA Middle Name: Status As Of: Oct-30-2025 Certificate ID: 6F5P4V2D47WQFJS <table> <tr> <th colspan="5">On Active Duty On Active Duty Status Date</th> </tr> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> <tr> <td colspan="4">This response reflects the individuals' active duty status based on the Active Duty Status Date</td> </tr> </table> <table> <tr> <th colspan="5">Left Active Duty Within 367 Days of Active Duty Status Date</th> </tr> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> <tr> <td colspan="4">This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date</td> </tr> </table> <table> <tr> <th colspan="5">The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date</th> </tr> <tr> <th>Order Notification Start Date</th> <th>Order Notification End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> <tr> <td colspan="4">This response reflects whether the individual or his/her unit has received early notification to report for active duty</td> </tr> </table> Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.