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  • Maxim Capital Enterprises Inc. v. Brandon MarajOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Maxim Capital Enterprises Inc. v. Brandon MarajOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Maxim Capital Enterprises Inc. v. Brandon MarajOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Maxim Capital Enterprises Inc. v. Brandon MarajOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Maxim Capital Enterprises Inc. v. Brandon MarajOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Maxim Capital Enterprises Inc. v. Brandon MarajOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Maxim Capital Enterprises Inc. v. Brandon MarajOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Maxim Capital Enterprises Inc. v. Brandon MarajOther Matters - Consumer Credit (Non-Card) Transaction document preview
						
                                

Preview

FILED: QUEENS COUNTY CLERK 09/20/2023 03:19 PM INDEX NO. 719509/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/20/2023 RETAIL Meanhig Of'SomeWords: In this Contract,the words "I" "nie " "we," INSTALMENT CONTRACT words "you" "your" and "my" roean anyonbigning this Contractas Bu er.Tht and meanthe Seller or,.after the Se ler transfeis its righttunder this Contract,anyoneI avingthose r ghts. ANNUAL FINANCE . . Amount Financed . Total of Payments PERCENTAGE RATE Total Sale Price CHARGE . Theamount of credit. The amount I will have paid after The cost of my cre it ' The total costof my ase on The dollar amount the provided to me or on my I havemadeall scheduled as a yearly rate. behalf. . credit, includingmy downpayment credit will cost me. payments. 24 . 90 of $ 500.04 of 20, 1G8.09 $ 21, 568. 87 $ 4 I, 736. 96 $ 42, 236. 95 My PaymentSchedulewill be: e means estimate Security: I am giving a security interest in the motorvehiclebeing purchased. No.of Payments Amountof Payments WhenPaymentsAre Due Filing Fees:$ N/A Non-Flilng Insurance:$ N/A 72 $ 579 , 68 Monthiy, beginning 12/21/ 2022 Late Charge: If a paymentislatemorethan N/A 10days,Iwillbecharged15%ofthe payment $ N/A N/A Prepayment:If I pay off early,I will nothaveto pay a penally. My Contract documentswill have additional information about nonpayment,default, any required repaymentin full before the scheduled date and prepaymentrefundsand penalties. In this Contract, you are Hi5Cars . com Inc This Contractis betweenSellerand Buyer.All disclosures the Seller. 1d10 Beach Channel have been made by Seller.Seller intends to assignthis Dr Far Rockaway tW 11691 Name Contractto the Assigneenamedbelow. Address Zip Code Weare . If there is morethan one Buyer,each of uswill be . obligated, the Buyer(s). Brandon Vijay Maraj 1170 Nameoke separately and together, foUall sums due you and the St Far NV 11691 performanceof allagreements asprovidedin this Contract Rockaway Name(s) · Address(es) Zip Code(s) Description of Vehicle:(See"InsuranceRequirements" section) N/U Yearand Make Series Acet. No. Body Style .No.Cyl Color/Color SerialNumber Used Date n /7i /9n99 2014 Jeep Grand Cherokee SPORT UTIlRTY 4-DR Bil let Silver Me M4RJFBtMC302807 IfRrni7ation of Amnunt Financed Equipped O A.T. O P.S. OAM-FM Radio Other CashPrice with O A.C. OP.B. OP.W. $ 18, 945. 0 I havetraded in the inlinwingvehicle N/A CashDownpayment Yearand Make -$ 500. Du Description Trade-In Property insurance: I am requiredto obtain and maintain insuranceon THEAGENTORBROKER0F MYC 0ICE. the·Collateral,endorsedto protect you as loss-payee,BUTI MAYCHO0SE Valueof Trade-In . 0. 00 TITLEHOLDER0F COLLATERAL: r -$ d0K REGISTRANT H do PHYSICAL DAMAGE: OM/ Lien Payoffto: N/A Com rehensive$ 100040 deductible. Collin $ 1000. deducti . INSURANCE +$ 0.00 Policy Number. $ COMPANY: O EffectiveDate Unpaid CashPriceBalance AGENT!Name: h/ /8 * Address: l /H TelephoneNumber: " I guaranteethat the required insurancecoverageas shownin 1 =$ 18, 445. On the "InsuranceRequirements"sectionwas obtainedfrom the agent namedabove. To Credit InsuranceCompany* Liability inSurance coverage for bodily injury and property damage iS not included or provided for in thiS Contract. 2 +$ Vendor'sSingle Interest Insurance:If this box is checked Q you o m , requireVendors SingleInterest Insurance.I whomVendors SingleInterestInsuranceis to be obtained.Thisinsuranceis may choosethe personthrough To PropertyInsuranceCompany for the soleprotectionof the Assigneeand my interestis not covered.If 3 +$ obtainedthrough you,the costof such insuranceis $ 0. 00 . 0. 00 Promise to Pay: I promise to pay you (the "Assignee"),the Total Sale Price To Public Officials for the Vehicle by making the cash Trade-In, if shown above, on or before the date of this Contract,and downpayment, assigning the 4 +$ "interest" paying you the Amount Financed, plus the credit service charge (called 737 qp in this Contract) at the Annual PercentageRate shown above.·l promise to make payments on or before the payment due shownin the PaymentScheduleabove. dates 5 +$ 175. 0( Maxim Capital Enterprises P.O. Box Inc., 297158, Brooklyn; NY 11229 "Assigneel REQUEST AND SCHEDULEoF GRoUPINSURANCE I understand that Group Credit 1.Ifeinsurance and Group Credit Accident and Health Insuranceare voluntary and are not required to this loan. I further understandthat I may select another insurer to obtain 1r 681 provide this coverage. If I chooseto become Insured, I understand that insurance AmountFinanced will be proyIded in accordancewith the certificate of given to me: 1also reservethe right to terminate group insurance that will be (1 thru 7)=$ my coverageat an^ time by notifying you in writing. The cost of insurance for the entire 21, 568 . 87 of this loan are shownbelow. . term *you mayberetaininga portiondftheseamounts. I WANToptional Group Credit Life insurance. $ 0.00 Insured Buyers presentage 2 WEWANToptional Group Credit Joint Life Insurance: N/A $ Q 00 Insured Co-Buyerspresentage I WANToptional Group Accident and Health Insurance. N/A $ 0.00 N/A Signatureof Buwer Signatureof Co-Buyer(ForJoint Life Only) Insurer N/ A FILED: QUEENS COUNTY CLERK 09/20/2023 03:19 PM INDEX NO. 719509/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/20/2023 Security Agreement:As security for this Contract (to protect you if I don't pay), I give you a security interest in the Vehicle being purchased. A security interestmeansthat, if one of th· events of default occurs, you can take the Vehicle and under certain circumstancessell as is more Full' "Vehicle" it, fully explainedin the "Right to DemandPaymentin andthe "Rightto Repossess sectionson the backof this Contract. shall include tires, parts, equipment,replacementparts or additionsto the Vehicleor any vehicle insurancerefundsor any proceedsresultin from lossor damageto the Vehicle. If I default (see"Right to DemandPaymentin Full" section),you havethe right to apply any sumsthat I haveon depositwithyouand anygroup insuranc refundswhich you receiveagainst any balancethat I owe.TheVehicl also secures any advancesmadeto protect your interest in the Vehicle. . . . I AGREETHATTHEPROVISIONS oN THEBACKAREPART0F THISCONTRACT. (Continuedon reverseside NOTICE TO THE BUYER: 1. Do not sign this Agreement before you read it or if it contains any blank space. 2. You are entitled to a completely filled-il copy of this Agreement. 3. Under the law, you have the right to pay off in advance the full amount due. If you do so, you may, depending on the nature o the credit service charge, either: (a) prepay without penalty, or (b) under certain circumstances, obtain a rebate of the credit service charge. 4. Accordin; to law, you have the privilege of purchasmg insurance on the motor vehicle provided for.in this Contract from an agent or broker of your own selection. Seller agrees to this Contract, including terms and conditions on back, 1 HAVE, RECEiVED A CDPY OF THIS CONTRACT SIGNED BY THE SELLER and assigns It to the Assignee named above in accordance with the first RETAIL INSTALMENT CONTRACT. Assignment printed on the reverse side, unless otherwise marked. .. Seller Was . cont h Buyer (Firm Name) By Co-Buyer N/A CO-SIGNER NOTICE I agree to pay the debt identified above, although I may not personally receive any property, services or money. I may be sued for payiitent, although the person who receives the property, services or money is capable of paying the debt. This notice is not the writing that obligates me to pay the debt. I should know that the Total of Payments listed above does not include Finance Charges resulting from delinquency, late charges, attorneys' FepoSsession or foreclosure costS, court coSts or fees, or other charges that are stated in the Contract. I will also have to pay some or all of these costs and charges as required by the terms of the Contract. I have read the Retail Instalment Contract, which contains the exact terms of my obligation, and the Co-Signer(s) Notice. I have been given a completed copy of this Notice and each writing that obligates me or the Buyer on this Contract. N/A g/3 Co-Signer'sSignature Date Co-SignersSignature Date CO-SIGNER:I SHOULDREADTHENOTICETO CO-SIGNER,ABOVE,BEFoRESIGNINGTHECo-SIGNER'SAGREEMENT. "Co-Signer," co-SIGNER'SAGREEMENT: I, the person (or persons)signing below as proinise to pay to you all sums due on this Contract and to perform all agreementsin this Contract. Intend to be legally bound by all the terms of this Contract,separately and together, with the Buyer. I am making this promiseto induce you to makethis Contractwith the Buyer,ever though you will usethe proceeds only for the Buye s benefit. I agreeto pay eventhough you may not havemade any prior demand for paymenton the Buyeror exercisedyour securit: interest. I also acknowledgereceiving a completed copy of this Contract. X N/A NI/A Co-SignersSignature . Address Date X N/A . N/A Co-SignersSignature Address Date "Co-0witer,"together with the Buyer or otherwise you a security interest Co-ÔWNER'SSECuRITYAGREEMENT: 1,the person signing below as being all of the Ownersof the Vehiclegive Pay"section. I am the Vehicle identified above. I agree to be bound by the terms of the Security Agreementand all other parts of this Contract except the "PromiseTo giving you it deficism security interest to induce you·to make this Contract with the Buyer, and to securethe payment by the Buyer of all sumsdue on this Contract I will not beresponsiblefor any which might be due after repossessionand sale of the Vehicle. Co-0wner s/A Date BANCoNsUMER FoRMNYS23WsLc·3415/05) · NOTicE: stE REVERSE SIDEFoRIMPoRTANTINFoRMATloN. " 2005eANCoNsuMER IN sERVICE, ORIGINAL FILED: QUEENS COUNTY CLERK 09/20/2023 03:19 PM INDEX NO. 719509/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/20/2023 HowThe FinanceChargeis figured: The finance Charge,whichconsists been computedupon the basisthat I will only of sterest, has 6. I file bankruptcyor if pay all instalmentson the scheduleddue dates.If any proceedingis institutedto seekreheIfrom any instalmentis receivedlater than 7. I die or become mydebts,or additional amountsas thescheduled due date, I will be obligatedto legallyunableto managemyaffairs;or may become payable by reasonof the accrual of pay such B. You, in goodtaith, believe thatthe prospectsof paymentor other . daily upon the unpaid balanoeof the Amount interest calculated Contractis impaired;or perforrnance underthis madein advanceof the scheduleddue Financed.In the event that any instalmentis 9. The Vehicle is seized a date, the interestchargeswill be reduced by third party (including.without a municipalityor Theamountof this decreaseor other governmental or limitation, increasewill be reflectedin the final payment.I accordingly. quasi-governmentalentity) because01theVehicle's right to prepay the unpaid principal shallhavethe actual involvement m actual or allegedor balance in fult or in part at alleged paymentsarelirst appliedto accrued any time provided that forfeiture proceedinghas been instituted criminal or unlawful activityand/or where a interestas of the dateof prepayment. in/before any federal,state o r local courtor Ilow PaymentIn AdvanceOf Credit admmistrativebody. any Insurance is Figured: It 1 pay all amounts Right to Repossess:You can repossess this Contractin advance,I will receive a under refund for GroupCredit Insurance owing (listed in the "Right to Demand (take)the full" Vehicleif oneoHheevents of default you, as specified on the Iront of this Contract premiumsfrom InsuranceDepartment calculated by a tormula approved the deliver the Vehicle,upon your Paymentin section) occus.Mtermy default,I will or you can enter the premises by request, whereit is kept and takeit yourselt(as permitted LateCharge:If I fail to by law),and you neednot nobly mebefore sell the Vehiclealter repossession you do this.Youcan pay any instalmentfor more than 10 daysfrom the date and apply the proceedsto thebalance pay a late chargeof 15%of the unpaid instalment. it is due, I will of what I oweafter deducting your reasonablerepossession, Return Check Charge: 11 expenses.Youwill sendme reasonablenotice storage,repair, preparation for sale and selling any check, draft or other Item I send you in consistssolelyof a (ailureto make by mailof anysaleoftheVehicle.l( myDefault obligation on this Contractis returned for payment of my timely payments,I may havecertain insufficient funds, I agreeto pay you a Return of my Vehicleevenafter you oghtsto stopthe sale CheckChargeof $20.00 repossessrt if I maketimely tender01theamountrequired redeemthe Vehicle. to Collection Costs: If you hire an TorecoveranyarticlesI claimarenot under this Contract,I will attorney to bring a (awsuitto collect any amount partof theVehiclebut werecontainedin pay you attorney's (ees up to 15%of the amountthen owmg notify,youin writingwithin 10 daysafter the Vehicle,I must court costs,or such lesseramountsasthe due, plus theseitemspromptlywill bean repossession. Failuretoclaimandlake possession of court allows· abandonment of them. PaymentAfter All Amounts 11the saledoesnot coverall thatI BacomeImmediatelyDue:Undercertain owe,I will be responsiblefor theamoMstillowed.11thereis can declareall amounts Owing circumstances. you anysurplusmoneyit mil be refundedto me. owingunder this Contractimmediatelydue.It you do andall amounts owing are paid or you sue (or them and obtaina Waiverof Liability for Amount-in weregoingto pay in advance. judgment,youwill calculatewhat1oweas11I Gap the eventof a total tossoftheVehicle(which the amountsowedunderthe secures . Contract)causedby its thell, confiscation or physicaldamage,I will not be obligated to Careof Vehicle:I agree:to keepthe Vehiclein goodconditionandrepair;not to pay you the "gap amount' owing undertlieContract which it or useit as collateralin another sellor transfer dilterencebetween:(1) thetotalamount is the transaction;not to usethe Vehiclefor hire,leaseor permitits (2) the sum of: (a) any unpaid payments owingunderthe Contractasollhodateof lolallossand usein . anyillegalmanner;not to allow or other charges on it; andto giveyou immediate . someone elseto seizetheVehicle or createa lien (claim) becauseI failedto fulfill my obligationsunderthe owingasofthedate of totalloss wntten noticeof lossor damageto theVehicle Vehicleas of thedate of total loss. asof the Contract.and (b)theactualcashvalueof the insuranceRequirements:1agreeat all times (f, dateof the total loss,Ihavem ellect a physical damage and theft,and a minimumamountof to keeptheVehicleinsuredwith fire value" insurancepolicycoveringtheVehicleas requiredby the Contract, thenthe "actualcash deductiblecollisioninsurancesatisfactory comprehensive, of theVehicleshallhavethe to protectyouwith a ticensedinsurance to you,endorsed alsoobligatedto pay youthe amountof same·meaning asin the insurance policy, providedthatI am company.11I "deductible" I agreeto pay the cost.I agreethat f ail toinsure myVehicle, y ou may dosoand there is no such insurance any provided forinthe insurancepolicy.If anyinsurancemoneyspayableby reasonof damageto or in policy effect, then the actualcashvalue ofthe Vehicleshallbe of the Vehicleshall be paid loss determmedby you baseduponreasonable directly and solelyto you and maybe usedto paymydebtto you.If the total lossof the Vehicledue to standardsIlial you develop, Thismeansthat upon. theVehicleis lostor damaged,you canuse theft,confiscationor physicaldamage, the insuranceproceeds(money)to replaceor I will be obligatedlo or to repayany amountsI owe repairit, pay you the following:(1) anyamountsthat weoweyou you,and I agreethat, if necessary,youcan settle total tossincludmg:unpaid undertheContract pnor to thedateof claimsor sign any insurancecheckson anyinsurance monthly payments, late chargesandotherlees,and (2) theactual my behalf.I agreethat loss,damageto the Vehicleshall cash value of the Vehicle as of the notallect my duty to makethe payments deductible" date of loss, this sum.to includethe amount·of underthis Contract. providedfot in anyinsurancepokey any FurtherAdvancesSecured:it Llail to coveringthe Vehicte. in good conditionand payfees,taxesor thecostsnecessaryto keepthe Vehicle In case of total loss, I promiseto repair, you may, if you alone choose,advance any sumsnecessaryto '" uest, I will providecopiesof immediatelyreport the theft or tolatloss to you.At your protectyour interestin the Vehicle. relevantinformation,mcludmg:theselliement such advanceswill be secured the Vehicleand e cle appr9aal rom the statementand be subjectto a FinanceChargeat theAny by will pnmaryphysicaldamagemsurancecamerand prool of ·physical AnnualPercentageRateof thisContract. 11t fail to maintainrequired propertyinsurance,you may,if you choose,ablainequivalentfimits Trade-Inand Downpayment:I guaranteethat I of replacementinsurance.This own the vehicletraded in.ii any andthatit is replacementinsurancewill protectyour interestsbut you free kom any henor secuntyinterestnot underno obligationto obtain are shownin the INSURANCE replacementinsurancewhich will alsoprotect my interests.THE AmountFinanced.I alsorepresentthatI havemadethe 'Trade-In section of the Itemizabon of YOUPURCHASE MAYBE SlCNIFICANTLY downpayment andhavenotborrowed it LESSCOVERACE M ORE EXPENSlVE A ND PROVIDE ME Title and SecurityInterest:If theVehicle THANINSURANCE I COULDPURCHASE is alreadytitledor is to belitled,lguaranteethatI be securedby the Vehicleand will be MYSELF. Anyamountyouadvancewill or will be the registeredownerand am subject to a FinanceChargeat the AnnualPercentage your securityinterestshallappear asthe onlysecuntyon Rateof this Contract.At the time of the any certificateof title nowor in the(utureissued.I agree advance,1 will be notifiedin writing of my optionsto title to show your security interest and I that youcan applytor certificatesof repaytheadvance: agreeto assistyou m doingso. I also gweyou permissionto tile a knancmgstatement(noticeof your (it in lull withinten daysof the notice. interestfiledfor pubherecord) covenagyour secuntyinterestwithoutmysignatureonitsecunty (ii) alongwith my monthlypayment the termof the insuranceor for the of the Contractasyou maydecide; during remainingterm Waiversand Releases:Youcan waiveor Youcan waiveor delayenforcmga rightdelay enforcingany of yourrights withoutlosmgthem. (iii) if available, as a single monthly asto oneof us withoutwaiving it as to theother.You payment, one month following paymentof all other need not give anyonenoticeof the Co t waiver,delay or release.Yourfailureto file a interest,fadureto keepthe Vehicleinsured,releaseof a security avalabe s additi_ona monthlypayments,notexceedingthe monthlypayments of timeof paymentshallnot affect securityinterest or grantingextensions theContrac@ -· dueunder my obligationunderthis Contract (v) if availableany otheramortizationplanacceptableto you. Assignee:It the Assigneeassignsthe Contractto a subsequentassignee, thetermalsorefersto Yourpaymentson my behaltwill notcure such subsequentAssignee.Afterthe my failureto performmy promisesin thisContract assignment,all rigfits and benefits of the Sellerin this . Contractandin the SecuntyAgreement shallbelongtoand be enforceable the Assignee. Optional Insurance or Service Contracts: This . Assignee will notifymewhenandif Sellermakesan by The Contract may contamchargesfor optional assignment msuranceor seMce conhacts.If the Vehicleis repossessed, I agreethat you mayclaimbenefits ApplicableLaw:ThisContractshallbe overned underthesecontractsandtermmatethemto by NewYorkLawexcept for its conflictof law obtamrefundsfor unearnedcharges. provisions.If any provisionis foundto be ineffective Right to DemandPaymentin Full: Uponthe will still be bindingandeffective. underany lawor regulation, the remainder entirebalance.ofmy loanbe paid at once,withoutpnor followingeventsof default,youcanrequirethat the noticeor demand,if: (The(eitowingnoticeshallnot L Anyamountowingunder this Contractor applyto anysalelor otherthanpersonal, family, or household use.| notpaid by the day it becomesdue; or any otheramountI oweyounowor in thefutureis NOTICE: ANY HOLDER OF THIS 2 I breakoneof my promisesunderthis CONSUMER CREDIT CONTRACT IS 3 Contract;or St.IBJECT TO ALL CLAIMS AND DEFENSES Itiavemadeanylaiseormisleading statementon thisContractand/or creditapplication;or WHICH THE DEBTOR COULD 4. Yournamedoesnot appear as the "lienholder" ASSERT AGAlHST THE SELLER 0F only (claimlon any certificateof title issued GOODS OR SERWCES OBTAINED noworintheIuture;or PURSUANT HERETO OR WITH THE PROCEEDS 5. TheVehicleis lost,stolenor damaged HERE0F. RECOVERY without adequateinsurancecoverage;or sold,or given HEREUNDER BY THE DEBTOR SHAll NOT away,or seized;or EXCEED AMOUNTS PAID BY FILED: QUEENS COUNTY CLERK 09/20/2023 03:19 PM INDEX NO. 719509/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/20/2023 WARRANTIES: If this Contract involves the sale of a new Vehicle, the seher makes no warranty, either expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, unless Seller has given Buyer a separate written warranty or unless