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Case Number: CACE-15-021373 Division: 08
Filing # 35144304 E-Filed 12/03/2015 06:32:50 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA.
MIAMI AUTO MAX, INC., a CASE NO.:
Florida Corporation d/b/a
Car Depot of Miramar,
Plaintiff,
v.
ANTWANI J. MISE GORDON,
an individual, YOLANDA NICOLE
WATKINS-GORDON, an individual,
and OCEAN HARBOR CASUALTY
INSURANCE COMPANY, a Florida
Corporation,
Defendants.
/
COMPLAINT
COMES NOW, Plaintiff, Miami Auto Max, Inc. d/b/a Car Depot of Miramar, (“Miami
Auto”), by and through its undersigned counsel, and files this Complaint suing Defendants
ANTWANI J. MISE GORDON (“Antwani Gordon”), an individual, YOLANDA NICOLE
WATKINS-GORDON (“Yolanda Gordon”), an individual, and OCEAN HARBOR CASUALTY
INSURANCE COMPANY (“Ocean Harbor’), (collectively “Defendants”), a Florida Corporation,
and hereby alleges as follows:
JURISDICTIONAL ALLEGATIONS
1. This is an action for damages which exceed $15,000, exclusive of attorney’s fees, costs and
interest.
2. Allacts material to this Complaint occurred in Broward County, Florida.
3. This Court has jurisdiction over the parties in that the parties either conduct business within
Broward County, Florida and/or the acts complained of herein occurred in Broward County,
Florida.
4. Accordingly, jurisdiction and venue for this Complaint are properly within this Court.
1
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 12/3/2015 6:32:49 PM.****10.
11.
PARTIES
Miami Auto is a Florida Corporation organized and existing in the State of Florida
conducting business as a car dealership in Broward County, Florida.
Ocean Harbor is a Florida Corporation organized and existing in the State of Florida
conducting business as an insurance company providing, amongst other things, automobile
insurance in Broward County, Florida.
. Antwani Gordon is an individual and resident of Miami- Dade County, Florida, and is sui
juris. Antwani Gordon purchased the subject vehicle hereto from Miami Auto and was upon
information and belief, at all times material hereto, the owner and driver of the subject vehicle
hereto.
Yolanda Gordon is an individual and resident of Miami-Dade County, Florida, and is sui
juris. Yolanda Gordon was, at all times material hereto, the insured under the insurance
policy with Ocean Harbor for the subject vehicle hereto.
CONDITIONS PRECEDENT
All conditions precedent to the institution of this lawsuit and the Counts contained herein
have either occurred and/or have been excused and/or waived by the Defendants,
FACTUAL BACKGROUND
On or about May 18, 2014, Antwani Gordon contracted with Miami Auto for the purchase
of a bright white 2007 Toyota Corolla, VIN: a «: “Subject Vehicle”).
A copy of the Retail Installment Sale Contract Simple Finance Charge (the “Contract”) is
attached hereto as Exhibit A.
On or about May 31, 2014, the Subject Vehicle was insured by Yolanda Gordon with Ocean
Harbor, policy number a. as evidenced by the Florida Automobile Insurance
ID Card, a copy of which is attached as Exhibit B hereto.
212.
13.
14,
15.
17.
On or about September 19, 2014, Antwani Gordon entered into a new contract for the original
transaction for the purchase of the Subject Vehicle with Miami Auto. A copy of the Retail
Buyer’s Order for the new contract is attached hereto as Exhibit C.
Somewhere between September 19, 2014 and December 16, 2014, the Subject Vehicle was
involved in an incident, (the “Incident”), whereby the Subject Vehicle suffered significant
damages. It is unknown whether the Incident was a motor vehicle accident as there was no
report filed for the Incident and Miami Auto was not aware of it until it regained possession
of the Subject Vehicle.
On or about December 16, 2014, a repossession order was issued to Antwani Gordon for the
Subject Vehicle due to Antwani Gordon’s failure to make the payments for the Subject
Vehicle as required under the Contract, Exhibit A hereto.
On or about December 16, 2014, the Subject Vehicle was repossessed by Overall Recovery,
Inc. A copy of the invoice and car condition report for the repossession of the Subject
Vehicle, a picture report showing the Subject Vehicle’s physical damages existing before
repossession, and the repossession notification are all attached hereto as Composite Exhibit
D.
. On or about December 16, 2014, after repossession of the Subject Vehicle, Miami Auto
learned that the Subject Vehicle had been significantly damaged.
Miami Auto, through its undersigned legal counsel, sent a letter via Regular and Certified
Mail Receipt on or about January 29, 2015 to Antwani Gordon. In this letter, Exhibit E
hereto, Antwani Gordon was told to notify the Subject Vehicle’s insurance company of the
Incident leading to the Subject Vehicle’s damages and to also forward to the undersigned’s
office information about the Subject Vehicle’s insurance policy coverage. Neither the
undersigned nor Miami Auto received a response to this letter.
318.
19.
20.
21,
22.
On or about February 5, 2015, Miami Auto, through its undersigned legal counsel, sent Maria
Long, a representative of Pearl Holding Group, which was the company manager for Ocean
Harbor, a letter notifying of the damages to and repossession of the Subject Vehicle and
telling her that the Subject Vehicle was located at Overall Recovery, Inc., ready to be
inspected and appraised at their earliest convenience. A copy of this letter is attached hereto
as Exhibit F. In same letter, the undersigned also requested insurance coverage information
for the Subject Vehicle.
. On or about March 5, 2015, after receiving no response to the February 5, 2015 letter, the
undersigned legal counsel resent to Maria Long the same letter from February 5, 2015, a
copy of which is attached hereto as Exhibit G.
On or about March 30, 2015, Pearl Holding, as managing general agent for Ocean Harbor,
sent a letter to Yolanda Gordon explaining that it needed more information to determine if it
would cover the damages to the Subject Vehicle, and further claimed that the Date of Loss
was January 1, 2015. A copy of this letter is attached hereto as Exhibit H. Additionally, Pearl
Holding stated in same letter that the insurance policy for the Subject Vehicle was not in
effect at the time of the loss. However, prior to the Subject Vehicle being repossessed on or
about December 16, 2014, the Subject Vehicle was already significantly damaged.
Therefore, the Date of Loss could not be January 1, 2015 as Pearl Holding claimed on its
March 30 letter, Exhibit H hereto.
Accordingly, the Date of Loss, and/or the date of the Incident, occurred prior to the date of
repossession, December 16, 2014.
On or about April 27, 2015, Pearl Holding, as managing general agent for Ocean Harbor,
sent Yolanda Gordon a letter alleging to be in the midst of processing the claim filed for the
loss of the Subject Vehicle. In this letter, Exhibit I hereto, Pearl Holding continued to claim
423.
24.
25,
26.
the Date of Loss was January 1, 2015. Notwithstanding the error in the Date of Loss, Pearl
Holding arranged for Yolanda Gordon to submit a telephonic recorded statement on May 7,
2015 to cooperate with Pearl Holding’s investigation regarding the Subject Vehicle’s
substantial damages.
On or about June, 2015, the undersigned legal counsel’s office contacted Pearl Holding
through telephone and inquired as to the telephonic recorded statement Yolanda Gordon was
supposed to submit on May 7, 2015. The Pearl Holding’s claims adjuster who answered the
phone call said that Yolanda Gordon was no longer required to submit the recorded statement
as, according to this Pearl Holding’s claims adjuster, the insurance policy for the Subject
Vehicle was not in effect at the time of the loss, again erroneously believing the Date of the
Loss was January 1, 2015.
On or about May 8, 2015, Pearl Holding, as managing general agent of Ocean Harbor, sent
Yolanda Gordon a letter, Exhibit J hereto, whereby Pearl Ocean stated that it reserved its
tights to disclaim coverage due to Yolanda Gordon’s lack of cooperation as well as due to
the policy allegedly not being in effect at the time of the loss, again improperly referring to
the Date of the Loss as January 1, 2015.
To date, Antwani Gordon has failed to make the required payments due under the Contract,
Exhibit A hereto. Additionally, neither Ocean Harbor, nor Pearl Holding as the managing
general agent for Ocean Harbor, has provided the requested insurance coverage information
of the Subject Vehicle, nor has either one made any payments to cover the repair for the
substantial damages the Subject Vehicle suffered while it was insured by Ocean Harbor
under the management of Pearl Holding.
Miami Auto has been damaged by Antwani Gordon and Yolanda Gordon for their failure to
satisfy the balance due to Miami Auto under the Contract, Exhibit A hereto; and by Ocean
527.
28.
29.
30.
31.
32,
33,
34,
Harbor for its failure to cover the damages the Subject Vehicle sustained while insured by
Ocean Harbor, managed by Pearl Holding.
By virtue of Ocean Harbor’s failure to provide Miami Auto the insurance coverage for the
Subject Vehicle and/or cover the expenses associated with repairing the Subject Vehicle,
Miami Auto has been damaged.
Ocean Harbor’s delay in payment and failure to cover the Subject Vehicle’s damages is
significantly affecting Miami Auto’s business which Ocean Harbor is aware of or should be
aware of.
Miami Auto has been forced to retain the undersigned counsel to bring this action and has
agreed to pay said law firm its reasonable fees and costs in handling the matter.
Miami Auto is entitled to receive the full amount of attorney’s fees and costs to prosecute
this Complaint on all counts pursuant to Florida Statute §57.105 as Defendants do not have
any justifiable defense to this action.
Miami Auto demands a trial by jury on all counts so triable in this Court.
COUNT I
BREACH OF CONTRACT
AS TO ANTWANI GORDON ONLY
Miami Auto realleges and incorporates each and every allegation contained in Paragraphs 1
through 31 as if fully stated herein.
On or about May 18, 2014, Miami Auto entered into the Contract, Exhibit A hereto, with
Antwani Gordon whereby Antwani Gordon agreed to pay $24,071.92 for the Subject
Vehicle.
On or about May 18, 2014, Miami Auto delivered possession of the Subject Vehicle to
Antwani Gordon and Antwani Gordon left Miami Auto with the Subject Vehicle in her
possession.35, Under the Contract, Exhibit A hereto, Antwani Gordon was to make monthly payments to
satisfy the amount due for the Subject Vehicle.
36. Antwani Gordon started making the monthly payments due under the Contract until on or
about December 2014.
37. On or about December 16, 2014, the Subject Vehicle was repossessed.
38. On or about December 16, 2014, at the time of the Subject Vehicle’s repossession by Overall
Recovery, Inc., the Subject Vehicle was found significantly damaged, as evidenced by
Composite Exhibit D, attached hereto,
39. Antwani Gordon breached the terms of the Contract she entered into with Miami Auto as
follows:
a. Antwani Gordon ceased making monthly payments for the Subject Vehicle as
required under the Contract, Exhibit A hereto.
b. The Subject Vehicle, purchased by Antwani Gordon, was involved in the Incident
and suffered substantial damages as a result thereof. Miami Auto was not notified
of the Incident leading to the Subject Vehicle’s substantial damages.
ce. Antwani Gordon did not report the Incident which caused the damages to the
Subject Vehicle, and there is no report on record showing when the Incident took
place.
d, Antwani Gordon failed to insure and keep insured the Subject Vehicle.
e. Antwani Gordon failed to cooperate with the adjustment of the claim.
40. Miami Auto has suffered damages as a result of Antwani Gordon’s actions and inactions as
follows:
a. Miami Auto has not been fully paid for the Subject Vehicle as contracted for under
the Contract.b. Miami Auto recovered the Subject Vehicle through repossession but the Subject
Vehicle was found crashed, substantially damaged, and in a condition which made
same useless in the car dealership business.
c. Miami Auto had to hire a repossession company, Overall Recovery, Inc. to
repossess the Subject Vehicle and in doing so incurred additional costs.
d. Miami Auto had to retain the undersigned’s services to solve this matter and has
agreed to pay the undersigned its reasonable attorney’s fees and costs.
e. By Antwani Gordon’s failure to insure, keep insured, and/or cooperate with the
adjustment of the claim.
41. Antwani Gordon’s actions and inactions constitute material breaches of the Contract.
42. Miami Auto is entitled to receive the full amount of attorney’s fees and costs to prosecute
this Complaint on all counts pursuant to Florida Statute §57.105 as Antwani Gordon has no
justifiable defense to this action.
43. Miami Auto demands a trial by jury on all issues triable in this Court including this Count.
WHEREFORE, Miami Auto requests that this Honorable Court enters judgment for
damages against Antwani Gordon, award Miami Auto pre judgment and post judgment interest,
attorney’s fees and costs, and any other and further relief this Honorable Court deems just and
proper under the circumstances.
COUNT II
UNJUST ENRICHMENT
AS TO ANTWANI GORDON ONLY
44, Miami Auto realleges and incorporates each and every allegation contained in Paragraphs 1
through 31 as if fully stated herein.45.
46.
47,
48.
49,
50.
Sl.
52,
53.
54.
Miami Auto conferred a benefit upon Antwani Gordon by virtue of providing the Subject
Vehicle to Antwani Gordon in exchange for $24,071.92, to be paid in monthly installments
in accordance to the Contract, Exhibit A hereto.
Antwani Gordon had knowledge of said benefit as she accepted and/or retained the Subject
Vehicle for which Miami Auto had not been fully paid.
Miami Auto was never fully paid for the Subject Vehicle, which Antwani Gordon utilized
for her own respective use and benefit.
At the time of repossession, the Subject Vehicle was found substantially damaged, as
evidenced by Composite Exhibit D attached hereto.
Upon information and belief, Antwani Gordon either crashed the Subject Vehicle or
otherwise allowed the Subject Vehicle to be substantially damaged.
Antwani Gordon used the Subject Vehicle up and until the Subject Vehicle was substantially
damaged.
Antwani Gordon stopped making payments due under the Contract, Exhibit A hereto, on or
about the time when the Subject Vehicle was significantly damaged.
The time of the Incident is unknown as Antwani Gordon did not report said incident, did not
notify Miami Auto about the Subject Vehicle’s damages, nor did she respond to the
undersigned’s correspondence sent on or about January 29, 2015, Exhibit E hereto.
To this date, Miami Auto has not heard from Antwani Gordon regarding the Subject Vehicle
and/or her debt for same due under the Contract.
The circumstances are such that it would be inequitable for Antwani Gordon to have used
and enjoyed the Subject Vehicle to her benefit without fully paying for same and thereafter
allowing the Subject Vehicle to be substantially damaged, to Miami Auto’s detriment, and
without compensating Miami Auto for same losses.
955. Antwani Gordon has been unjustly enriched as follows:
a, Antwani Gordon obtained possession of the Subject Vehicle, owing a substantial
amount of money for same, due in monthly payments under the Contract.
b. Antwani Gordon ceased making the monthly payments due under the Contract after
fully using, enjoying, and allowing the Subject Vehicle to be substantially damaged.
c, After obtaining possession of the Subject Vehicle, Antwani Gordon allowed it to be
substantially damaged, did not report these damages to Miami Auto, did not take
action to repair these damages, did not properly insure, keep insured and/or
cooperate with the adjustment of the subject insurance policy, all to the detriment
of Miami Auto as Miami Auto now has possession of the damaged Subject Vehicle
and has to repair the Subject Vehicle in order to continue doing business with it.
56. Miami Auto is entitled to receive the full amount of attorney’s fees and costs to prosecute
this Complaint on all counts pursuant to Florida Statute §57.105 as Antwani Gordon has no
justifiable defense to this action.
57. Miami Auto demands a trial by jury on all issues triable in this Court including this Count.
WHEREFORE, Miami Auto requests that this Honorable Court enters judgment for
damages against Antwani Gordon, award Miami Auto pre judgment and post judgment interest,
attorney’s fees and costs, and any other and further relief this Honorable Court deems just and
proper under the circumstances.
COUNT IIL
NEGLIGENCE
AS TO ANTWANI GORDON AND YOLANDA GORDON
58. Miami Auto realleges and incorporates each and every allegation contained in Paragraphs 1
through 31 as if fully stated herein.
1059.
60.
61.
62.
63.
64,
At all times material hereto, both Antwani Gordon and Yolanda Gordon, as the owner of the
Subject Vehicle and as the insured under the Subject Vehicle, respectively, owed a duty to
others, including Miami Auto, to operate the Subject Vehicle in a safe and diligent manner.
Upon information and belief, the Subject Vehicle was being driven by Antwani Gordon,
Yolanda Gordon, and/or by an unknown third party with the consent of Antwani Gordon
and/or Yolanda Gordon.
Both Antwani Gordon and Yolanda Gordon breached said duty by causing the Subject
Vehicle to be damaged, on an unknown date, and in an unknown manner, which caused
damages to the Subject Vehicle thereto.
Antwani Gordon’s and Yolanda Gordons’s negligent actions were the direct and proximate
cause of the damages caused to the Subject Vehicle, which have not been paid for.
Miami Auto has suffered damages as a result of Antwani Gordon’s and Yolanda Gordon’s
negligence.
Miami Auto demands a trial by jury on all issues triable in this Court including this Count.
WHEREFORE, Miami Auto prays that this Honorable Court enters judgment in its favor
against Antwani Gordon and Yolanda Gordon, both jointly and severally, for compensatory and
special damages, award Miami Auto pre and post judgment interests, attorney’s fees and costs,
and any other and further relief this Honorable Court deems just and proper under the
circumstances,
65.
COUNT IV
BREACH OF CONTRACT
AS TO OCEAN HARBOR ONLY
Miami Auto realleges and incorporates each and every allegation contained in Paragraphs 1
through 31 as if fully stated herein.
1166.
67.
68.
69.
70.
71.
22.
73.
Miami Auto is a third party beneficiary specifically identified, contemplated, and intended
by the parties in the agreement for insurance of the Subject Vehicle between Ocean Harbor,
managed by Pearl Holding, and Yolanda Gordon, which was to provide substantial and
specific insurance coverage on the Subject Vehicle which Miami Auto financed and is a
beneficiary as lien holder and thus a loss payee.
Upon information and belief, Ocean Harbor was paid all sums of money due and owing for
the insurance coverage of the Subject Vehicle and issued a Florida Automobile Insurance ID
Card to Yolanda Gordon, Exhibit B hereto, for which Miami Auto was to be protected as a
loss payee under same insurance policy.
Ocean Harbor, at all times material hereto, had a duty to comply with the terms and
conditions of the insurance policy, including but not limited to paying any and all damages
resulting to the Subject Vehicle from any incident to the appropriate party.
Ocean Harbor breached its duty by failing to cover the damages caused to the Subject Vehicle
after being put on notice on or about February 5, 2015, Exhibit F hereto, of the Incident, date
unknown.
At all times material hereto, Miami Auto fully complied with the terms of the insurance
agreement applicable to it as a third party beneficiary.
The breaches of the insurance agreement are material as to Miami Auto.
Miami Auto has been severely damaged by Ocean Harbor’s material breaches of the
insurance agreement.
Miami Auto is entitled to recover compensatory and special damages in excess of the
minimal jurisdiction of this Court. Damages to Miami Auto are the refusals of Ocean Harbor
to pay any sums due under the insurance agreement which have, as a consequence, caused
Miami Auto lost profits which Ocean Harbor is responsible for.
1274,
75.
. Miami Auto is entitled to receive the full amount of attorney’s fees and costs to prosecute
this Complaint on all counts pursuant to Florida Statute §57.105 as Ocean Harbor does not
have any justifiable defense to this action.
Miami Auto demands a trial by jury on all issues triable in this Court including this Count.
WHEREFORE, Miami Auto requests that this Honorable Court enters judgment for damages
against Ocean Harbor, awards Miami Auto pre judgment and post judgment interest, attorney’s
fees and costs, and any other and further relief this Honorable Court deems just and proper under
the circumstances.
COUNT V
BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
76.
77.
78.
79.
80.
AS TO OCEAN HARBOR ONLY
Miami Auto realleges and incorporates each and every allegation contained in Paragraphs 1
through 31 as if fully stated herein.
Every contract includes an implied covenant that the parties will perform in good faith.
Ocean Harbor breached the implied covenant of good faith and fair dealing between the
patties by failing to pay sums to Miami Auto for damages due under the insurance agreement
for the Subject Vehicle to which Miami Auto was an intended third party beneficiary.
Ocean Harbor refused and failed to discharge its contractual responsibilities under the
insurance agreement for the Subject Vehicle claiming that the insurance policy for the
Subject Vehicle was no longer in effect as it had expired on July 31, 2014 and the date of the
loss was, according to Ocean Harbor and Pearl Holding, January 1, 2015.
However, the date of the loss cannot be January 1, 2015 as Ocean Harbor and Pearl Holding
claim because on or about December 16, 2014, before the Subject Vehicle was repossessed,
the Subject Vehicle was already substantially damaged.81.
Said breaches by Ocean Harbor were not prompted by honest mistake, bad judgment or
negligence, but rather by consciolis and deliberate acts which unfairly frustrate the agreed
common purpose and disappoint the reasonable expectation of Miami Auto that have
deprived Miami Auto of the benefits due under the insurance agreement for the Subject
/ Vehicle and the value of said insurance agreement.
82.
83.
84,
85.
86
87.
Ocean Harbor’s failures to discharge its contractual responsibilities have precluded Miami
Auto from obtaining its rights, benefits and value of the insurance agreement for the Subject
Vehicle.
Ocean Harbor knowingly failed to resolve or rectify the above breaches, which could only
have been accomplished by Ocean Harbor.
Ocean Harbor acted in a way to promote its own self-interest in lieu of its duty to act in good
faith and acted capriciously to contravene the reasonable contractual expectations of Miami
Auto by failing to pay for the damages incurred by Miami Auto and which were due under
the insurance agreement for the Subject Vehicle.
Miami Auto is entitled to recover compensatory and special damages in excess of the
minimal jurisdiction of this Court. Damages to Miami Auto are the refusals of Ocean Harbor
to pay any sums to Miami Auto due under the insurance agreement for the Subject Vehicle,
which have, as a consequence, caused Miami Auto lost profits, which Ocean Harbor is
responsible for.
. Miami Auto is entitled to receive the full amount of attorney’s fees and costs to prosecute
this Complaint on all counts pursuant to Florida Statute §57.105 as Ocean Harbor does not
have any justifiable defense to this action.
Miami Auto demands a trial by jury on all issues triable in this Court including this Count.
14WHEREFORE, Miami Auto requests that this Honorable Court enters judgment for damages
against Ocean Harbor, awards Miami Auto pre judgment and post judgment interest, attorney’s
fees and costs, and any other and further relief this Honorable Court deems just and proper under
the circumstances.
TRIAL BY JURY
Miami Auto demands a trial by jury on all issues so triable in this Court.
Dated this 3 of December, 2015.
15
Respectfully submitted,
MARCUS LAW CENTER, LLC
2600 Douglas Rd
Suite 1111
Coral Gables, FL 33134
Tel: (305) 507-1203
See
Alan K. Marcus, Esq.
FL Bar 266116
amarcus! @marcuslaweenter. comRETAIL INSTALLMENT SALE CONTRACT
SIMPLE FINANCE CHARGE
Dealer Number Contract Number
Co-Buyer Name and Address
Buyer Name and Address
(Including County and Zip Code)
(roe GARY RGB
18811 NW 39 Court
buyer RAR ASBEGENS, flac A055-
Co-Buyer's Birth Month:
Seller-Creditor (Name and Address)
MIAMI AUTO MAX, INC,
3530 S STATE ROAD 7
MIRAMAR, FL 33023
contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule
a
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
below, We will figure your finance charge on a daily
Late Charge. If payment is not received in full within _10
of 5% of each installment.
Prepayment. If you pay off all your debt early, you may have to pay a penalty.
Security Interest. You are giving a security interest in the vehicle being purchased,
Additional Information: See this contract for mote information including information about nonpayment,
default, prepayment penalties, any required repayment in full bofore the scheduled dato and security interest.
days after it is due, you will pay a late charge
ITEMIZATION OF AMOUNT FINANCED,
1 Cash Price (including $ 7 sales tax)
2 Total De it =,
cee 001 Infiniti
$__15638. 52 (1)
130
Trade-In
(Year) (Make) (Model)
Tadon_________ jie
(VIN)
Gross Trade-In Allowance $_1000.00_
Less Pay Off Made By Seller $___N/A _
Equals Net Trade In $_1000, 00 _
+Cash $_1500, 00 _
+Other $ N/A
(If total downpayment is negative, enter “0” and see 4J below) $2500. 00_ (2)
3 Unpaid Balance of Cash Price (1 minus 2) $_13138. 52. (3)
4 Other Charges Including Amounts Paid to Others on Your Behalf
(Seller may Keep patt of these amounts):
basis at the Base Rate of ___“% per year. The Truth-In-Lending Disclosures below are part of this contract.
; Make Weight
New/Used/Demo| Year | andModel | —_(lbs.) Vehicle Identification Number Primary Use For Which Purchased
Toyotal EX ersonal, family or housshold
— on Corollp fe Bees
6 agricultural go
FEDERAL TRUTH-IN-LENDING DISCLOSURES Insurance, You may buy the physical damage Insur-
ANNUAL FINANCE Amount Total of Total Sale ance this contract requires (see back) from anyone
PERCENTAGE | CHARGE Financed Payments Price eae Bar at Ghat eiate petee
RATE The dollar The amount of | The amount you | The tolal cost of Teauld to buy ary other Insurance to obtain erat
The cost of amount the credit provided | will have paid after | your purchase on uniess the box Inccatng Hendors Single iat
your credit as credit will to you or you have made all | “credit, including Insurance is require are elow. (ou choice 7
a yearly rate, cost you. ‘on your behalf. payments as. your down Insurance providers wil not affect our decision to sel
‘scheduled, payment of you the vehicle or extend credit to yo :
2500.00; If any insurance is checked below, policies, or
$ is cerlificates from the named Insurance companies will
21, 00%} ¢ 7689.75 }§ _13882.17| $_21571, 92 $ 24071. 92 describe the terms and conditions,
Your Payment Schedule Will Be: Check the insurance you want and sign below:
Ruaber of Amount of ‘When Payments Optional Credit Insurance
ayments, ayments Are Due CO Credit Lite: C2 Buyer [J Co-Buyer C1 Both
oF 399.48 | Monthly beginning 0671772014 Term a ids
Or As Follows: CO Credit Disabtity (Buyer Only)
Term :
Premium:
Credit lifes N/A
Credit Disabilty$ ______N/A ___
Insurance Company Name
Home Office Address
Crodit life insurance and credit ae insurance are not
Tequired to obtain credit. Your decision fo buy or not fo buy
credit life insurance and credit Gisabity 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, you choose
this insurance, the cost is shown In Item 4A of the Itemization
of fans Financed, Credit ie insurance is based ‘on your
original payment schedule. This insurance may not pay all you
‘owe on Eigcontract yyoumake late payments Creda sally
insuranco doos not cover any inorease in your payment or in
the number of payments,
Ifthe box above is checked to indicate that you want credit life
insurance, ease read and: Signtne folowing acknowledgments:
1, You understand that you have tho option of assigning any
other policy or policies you own or may procure for the purpose
of covering this extension of credit and that the policy need not
be purchased from us in order to obtain the extension of credit.
Buyer Date
x oe
Co-Buyer Date
2, You understand thal the credit life coverage may be
Cltered if atthe time of application, you are unable engage
In amnlrumant ne timahle to "
EXHIBITA Gost of Uptional Great insurance Paid to insurance
Company or Companies,
Life $ N/A
SNA
Disability $ N/A
B Vendors Single Interest Insurance Pald to Insurance Company :
© Other Optional Insurance Paid to Insurance Company or Companies $
D Optional Gap Contract $_695.00 _
E Ofictal Fees Paid to Government Agencies $
F Government Documentary Stamp Taxes $
G Government Taxes Not Included in Cash Price $
? ke age and sax: ‘sign this ‘acknowl
edgement Ifthe proposed credit life insurancs policy does nat
Contain this restriction)
Buyer Date
CoBuyer Date
8. You understand that the benelits under the polioy wil ter
Iminate when you reach a certain age and affirm that your age
is accurately represented on the application or policy.
H Government License and/or Registration Fees Buyer Date
$. N/A X
| Government Certificate of Tille Fees $ N/A Co-Buyer Date
J. Other Charges (Seller must Identify who is pald and Other Optional Insurance
describe purpose) aa ca
fo for Prlor Credit or Lease Balance $ N/A ‘Type of Insurance Ferm
fo for $ N/A Promium $_N}ZA - 7 7
See eee eee for See See E EER Eats oe Ins. Co, Namo & Address
to for _ $ N/A
to for $ N/A _aSeen0
to for $ N/A _aSSeSeSSRnn
to for $ N/A N/JiP0 oF insurance we™
fo for $ N/A Premium $
‘otal Other Charges and Amounts Pald to Others on Your Behalf $143, .65_(4)| | Ins.Co. Nang Amtddress
5 Loan Processing Fee Paid to Seller (Prepaid Finance Charge) $ NZA_ (6)
6 Amount Financed (3 plus 4) $_13882,17 6)
OPTION: [J You pay no finance charge if the Amount Financed, item 6, is paid in full on or before
—__—., Year - SELLER'S INITIALS
OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not equired to obtain credit and will not be provided
unless you sign below and agree to pay the exlra charge. If you choose fo buy a gap contract, the charge is shown in Item 4D of the
Htemization of Amount Financed. See your gap contac or delas onthe terms andl condtions It provides. tis apart of this contact
‘Type of Insurance Term
Premium $
Ins. Co. Name & Address
Wa
Term fir Mos. “Type of Insurance Term
Name of Gap Contract Premium $
Ins, Co, Name & Address
| went to buy a gap coptract.
Buyer Signs Cc. 7
(VENDOR'S SINGLE INTEREST INSURANCE (VSI insurance): If he preceding box is checked, the Creditor © Type of Insurance Term
requires VSI insurance for the initial term of the contract to protect the Creditor for loss or damage {o the vehicle
(collision, fire, theft). 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. N/jou elect to purchase VSI insurance through the Creditor, the cost of this insurance is
——_~— ands also shown in Item 4B of the Itemization of Amount Financed. The coverage is for
the Initial term of the contract,
You authorize us to purchase Vendor's or Lender's Single Interest Insurance.
Premium $
Ins, Co, Name & Address
thor optional insurance is not required fo obtain crit, Your
decision to buy or not buy other optional insurance wil not be
«a facir in the credit approval process. It wil not be provided‘unless you sign and agree to pay the extra cost.
| want the insurance checked above,
Buyer Signs X Co-Buyer Signs X Date:
Returned Check Charge: If any check or order of payment you give us is dishonored, you will pay a charge if we make demand that you do Buyer Signatur = r
So. Tha cago wl be $25 the check amounts $50 ores; $30 I thecheckis ove $60 but nt mor than$300; $40 tho checkamounig {| 222" Slanaiue nae
over $300, or such amount as permitted by law, xX Sanne
Co-Buyer Signature Daio
SE
LIABILITY INSURANCE COVERAGE FOR
BODILY INJURY AND PROPERTY DAMAGE
CAUSED TO OTHERS IS NOT INCLUDED IN
THIS CONTRACT.
Florida documentary stamp tax required by law in the amount of $
dirocly to the Department of Revenue
Certilate of Registration No.
has been pald or will be paid
=
SELLER'S ry ANCEL - If Buyer and Co-buyer sign here, the provisions of the Seller’s Right to Cancel section on the back, which gives
y
the i. th the ri eancel within. days, will apply.
Xx, : xX
Buyer Sign’ “"C“ Co-Buyer Signs
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 enti ment bel apd us relating to this contract. Any change to this conttact must be in wniting and we
must sign it. No oral changes are binding. Buyer Signs Co-Buyer Signs X_ ————
{i any part of this contract is not valid, all other pars stay valid. We may delay or refrain from enforcing any of our tights 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 THE BUYER: a) Do not sign this couuach stare you read it or if it contains any blank spaces. b) You are
entitled to an exact copy of the contract you sign. Keep it to protect your legal rights.
You agree to the terms of tig contract. You confirm that before you signed this contract, we gave it to you, and you were
free to take it andreview jf. You confirm that you received a completely filled-in copy when you signed it.
Buyer Signs pate /18/201 4Co-Buyer Signs X
Go-Buyars and Other Onners — A od buyers a person who is responsible for paying the entre debt, Another over Isa perso
does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract,
—___— Date.
se name is on ihe title to the vehiole but
Other owner signs here X Address a4 —-
: YY
Sollor sign AMT —AUPO iAK;—INC? Feet + A eee
Soller assigns its Interest in this contract fo _ AeBarea| indore terms of Sellers agresmeni(e) with Assignee.
(1 Assigned with recourse (1 Assigned without recourse 1] Assigned with limited recourse
Seller By Z Title
“AU SOREN, EE een arnt a saoaomcabo C4 ;
‘THe Prien akesnounnmeitry exrnesse bur Mee Nee Fo a ORIGINAL LIENHOLDER
FITNESS FOR PURPOSE OF THIS FOR. CONSULT YOUR OWN LEGAL COUNSEL.
4 UILET Uitaryss muy ninwur
“ - cali you
(Seller may keep part of these amount deferre fapplicatic yor
In amnloument nr ninahla in mesFLORIDA AUTOMOBILE INSURANCE ID CARD
Ocean Harbor Casualty Insurance Company
-| Binder | - > + Effective
2007 MERCEDE C280 4Matic AW: VIN;
2007 TOYOTA Corolla CE VIN]
COVERAGES APPLICABLE ARE MARKED’ ~
Zl PROPERTY DAMAGE LIABILITY/ [7] BODILY INJURY LIABILITY
PERSONAL INJURY PROTECTION
Insured: Yolanda Nicole Watkins-gordon
Address; 18814 NW 39th Ct
Chty/Su2Ip: Mlam| Gardens FL. 33055
Not valid mora than ona year from aifactive data
MISREPRESENTATION OF INSURANCE
: ISA FELONY
1 Report all-accidents immediatelyto; ~~~ = =>
Ocean Harbor Casualty Insurance Company
Claims #: (054) 587-2200
2, Obtain full names, addresses and license number of all
othar persons Involved In the'accldent,
4. Obfain full namas, home and businesses of all witnesses
4, Do not admit Hlability or dlacuas the accident with anyane
except the police or Company representative,
5, Keep tha card in your mator vehicle or on your person,
Agency: Outside Sales
417340 NW 27th Ave.
Miami, FL.93066
(305) 621-2930
FLORIDA AUTOMOBILE INSURANCE ID CARD
ualty Insurance Company
Binder aie Effeelive: 06/31/2014
2007 MERCEDE ©280 4Matle AW VIN:
2007 TOYOTA Corolla CE VIN:
COVERAGES APPLICABLE ARE MARKEO
{Z] PROPERTY DAMAGE LIABILITY/ [[] BODILY INJURY LIABILITY
PERSONAL INJURY PROTECTION
Insured: Yolanda Nicole Watkins-gardan
Address; 18841 NW 39th Ct :
Cily/StZip: Miami Gardens FL33085 0 - a
Not valid mora than one year fram effective data
MISREPRESENTATION OF INSURANCE
IS A FELONY
1, Report all aceldenta Immediately to:
Ocean Harbor Casualty Insuranes Company
Claims #: (954) 587-2209
2. Obtain full names, addresses and licanse number of all
other parsons invoivad In the accidant,
8. Obtain full namas, hame and businesses of all witnasees
4, Da not admit liability or dlacues the accident with anyone.
exoept the pollee or Company rapregentalive.
§, Keep the card In your motor vehlele or on your person,
Agency: Outside Sales
17340 NW 27th Ave.
Miami, FL 93086
(305) 624-2939
CA Pechie
Dat.
s|ai|q— 3431 IY ~
EXHIBIT
6‘THEPAnITER HUMES No WasRAdy EXPRESS CR WPLIED, ASTO CONTENT On
‘FESS FOR PURPOSE OF THs FORM, CONSULT YOUR CHR LEGAL COUNSEL
3530 South State Road 7 « Miramar, FL 33023
Office: 954-518-1707
www.cardepotofmiramar.com
Fax: 954-518-1419
" | texteab, police efile,
RETAIL BUYER’S ORDER DATE 09/19/2014
(“AnEwani Gordon [03726703 oom mo
7 7 : eH = ony Tae ar
HHiani dan EL 33955. :
Taare ar a
oo aaa
This used vehiole has been proviously driven by others and Dealer has not made any
Eecncean
Cash Peice of Vehicle
SR
representation regarding the Vehicle's history. Customer edges. that 0
representation has been made by any agent of Dealer: () regarding the history, condition,
prior repair or maintenance, safety system or suinblityof the Vehicle; or Gi} that ithes
or has not ever sustained damages prior to this Order, nor does Dealer have the obligation
Ho make such disclosure, Customer understands the she may retain a thitd-party to
provide information regarding the Vehicle's history and that Dealer encourages Customer
io do so, Customer may also make arrangements to have the Vehicle inspected by a
person of Customer's own choosing. Customer further eckrowledges that Customer has
est diven this Vehicle and it meets Custoxner’s satisfaction or Customer has beea offered
sa. opportnity to do so, and hes declined. Except as otherwise set frth on the window
form (Buyer's Guide), this Vehicle is sold “AS IS ond WITH ALL FAULTS,” without
uy warranty end Deater hereby expressly disclaims all warrants, either express or
Implie, intading any inlied waranty of metchaatbiy or fess for «part
purpose, and neither assumes nor authorizes any person to sssutme for it aay tabiity in
connection wit the sale ofthe Vehicle. The information you see onthe window form for
Eis Vebiole $s pat of this contracVordes. Information on the window overrides eny
contrary provisions inthe contracVorder of sale, ‘The Manufacturer warranty, if any, bas
been flly explained, Ifthe Vebicle is designated es a certified vehicle, that indicates that
it has qualified for listed extension of the Manufacturer's original watcnty asset
forth on the Buyet’s Guide, The certified designation does aot alter or modify any ofthe
sbovd disclaimers and waivers, nor does it crete a Desler warranty, It algo does not
Accessories 7
Subtotal
Less Pre-owned Allowance and/or Discount
[Net Difference aenose
Predelivery Service Fee $858.00
Electronic Registration Filing Fee $89.75
"These cherges represent costs and profit the desler
for ems cuck as inspecting, cleaning snd dusting
‘vehicles and preparing dozuments elated othe sale,
heed Acid Battery Feo
wen
Florida New Tire Feo (Si,00 per ire) NA
NY
mean that the Vehicle, like all used vehictes, will not soffer mechanical breakdowns, nor|
need maintenance dus wear aed tr,
{enter short-term reat,
a HdeTRH, replica or food vehicle)
(Customes
Subtotal 1890.33
Sales Tax 6.00. U3 4
|County Tax 50.00
Lemon Law - Warranty Bnforcement Act (New cars only) a
HLS: ergy gions PURCHASER.
customer Cusumer |
Fie Tie, Regivatonand Liens Fest (New Tras)
‘Oilfboeis cheked this san esas N/A
IGUIA PARA COMPRADORES DB VEHICULOS USADOS. LA INFORMATIGN QUE VB|
EN EL FORMULARIO DELA VENTANILLA PARA ESTS VEHICULO FORMA PARTE DEL,
PRESENTE CONIRATO. LA INFORMACION DELLA VENTANILLA DEVA SIN EFECTO |
TODA DISPOSICION EN CONTRARIO CONTENIDA EN EL CONTRATO DE VENTA.
CPeivaté CO Lease Wall Away
Trede Pay-off/ Balance on Prior Lease N/A
Subtotal 1265395
Motor Vehicle Service Contract x
Vehicle Maintenance Agreement N/A
GAP INSURANCE 595,00
Fear 200L p4aue IMEANIEL y4oge: 130 Color SILVER
Vi Riles 139000
Sales Tax on Other Benefits
N/A
[GRAND TOTAL 13248.75
"Lien to: Amount (Good Thea
Rebate NAA
2 Lien tor ‘Amount Good Tha
}Cash (Receipt # ___) 1800, 00
Authorized by:
Total Cash Down 1800. 00
ness specifically Identified by Customer in writing and signed by the parties, Customer
ons nd wares long resting Tad i () wa ot el aa
dent (i) has not incurred any body or major engine cepa); and (i) wasnot previously
pois veil, a efea shore ete (Cr es than 12 mouths) slo refered 08 &
rental vehicle, a Slood damaged, ome damaged, salvaged or rebuilt vehicle. Subject tothe
Jes ead conden of tus Orde, ‘authorizes Dealer to immediately sell the
Trade-in whether or not the Financing Approvels have been cbisined. Customer agrees thet in|
tho event any inquiry reveels any undisclosed len on the Trade-In, andlor the actuel pay-off for
th disclosed laa on the Trade-in exceeds the Customer's etatement of pay-off Customer will
cause such previously unknown lier(s) andlor the: amount ofthe Tens)
tobe satisfied within 72 hous of Dealer's fie to Customer i wating. Ifthe vebice() sted
isa Lease Walk Away, Castomer understands thet Dealer's agreement to take possession of it
is for convenieace only and Dealer assumes no responsibility for its conten or any other
obligation of Custofer with respect japan exces les oF
eoug to vers tevin waing ad sind by Delt
custome Aas pen
BALANCE DUE ON DELIVERY 11448. 75
‘FINANCING NEGOTIATION / APPROVAL
JCuvtomer may seewe Gnancing trough Desler or a nancieg entity of Customer's choosing and
[Customer may be able fo obtain more feverable financing from third parts. ‘The retail installment
salen contract ("RISC") to he entered between Dealer and Customer unless otherwise indested ta
ortng ty Dest, shal bo inmedially assigned by Dealer o a bank / finance com
or greater) wih shall bo tbe credtor to whom Customer shall bs obligated under the RISC.
Customer elso wersands tha: () the aswel percentage rate (APR) for the asain sls of ot
cob my be mga, ad) Dear may ee sme porn of be Mace cag |
ceive other ing tha financing and selling ofher products and services. Dealer
sy erate Greif Dr cana chin oe ep! Cuaner Deters wa
el th RISC to inal netuton on terms of no less than fce va (chess ets shall be collectively
refered fo 08 "Finalng Approval"). Dealer's right of termination cannot bo waived unless in
wing. Winancing Approvals ae cot ypealy btaied atthe time ofthe Vehlle's delivery and ze|
zon Dealer cent, Siu Chstoer ae ey ofthe ele pio to Deaers etching]
Financing Approvals, Customer’ nd ac shop Fanci Aprons
iva ke lea Gasonr crs veconniaestoCapnroty oni Custos: a
ave, nor wll acy any ight or intrests ix the Yehiolo by suc delivery except Dealer’ permission
TRAN AND LIMITATION ACKNOWLEDGEMENTS:
reverse side. Customer hos read end understands paragraph H, In a dispute between the
parties, Customec shall not bo entitled to recover fiom Decler any special damages,
consequential dameges, damages to property, damages for loss of use, los of time, loss of
profits or income ox ny ther incidental damages inelnding, but not limite to vehicle rental
cage, This Order isnot erdesao anys pan. Ca pays ac edn
paar a serve to hold the Vebele ftom sale to another for
24 hours oy
ne Sp Customer:
th parties agree to submit all claims to Binding arbitration asset forth in paragraph H on the | $2
owen which pennson con be rote, ririg the eile mete return a Dealer de
im conden a exited he elvered ta Cstoner. Addenaly, belts othe Foateleg
preva conten svequet otha enforcement and val ofthe RISC, wih t Dede
option, shell be deemed null end void if such condition subsequent is not met. If the RISC contains a |
Str Right to Cane provision roe provision tht obanly dees therbtaes fe
‘Approval, eft povin t Gly completed and exes, then the coon
Sbsequn decries hs seton tall copy, Uthe RISC dees et conn Sci’ Right
avec” provision that subantlyaddrenes the abitne of te Frsacog Approvals ori
enfin sacha provi, buts tga completed an exeted rs eigen som aner
thppleabs, hen hf eon ine desl apy gover and eon.
cwtonee( Aff Customer
UTED.
AND ACCURATE, CUSTOMERDINS READ,
5 CONTAINED
Ran AS THAT OU HAE NOE KEE ON
DY DEALERS MANAG
UNDERSTANDS
Se Lo ae OTe
{ORAL RETKESESTATION TROMISE OR AGREEMENT NOY o|
‘rans Te ROVTOED 70 04
sais onoEn BNP OOP ren
SS AND ACCEPTS ALL PROVES
Co-Coriomer's Signatre
‘Manger Dae
EXHIBITON_MULT_FAX (RON Fax Server) _ To:954-518-1419 (19545181419) 12:35 12/17/14 EST Pg 1-4
Overall Recovery Inc Invoice #: 5063
2419 West 3rd. COURT Invoice Date: Labbividlin
7 Case # / Reference#:
Hialeah FL 33010 2035678026 / 5881
Phone: 305-888-3005 Fax: 305-402-2332
TO: CAR DEPOT OF MIRAMAR Debtor: ANTWANI GORDON
3530 SOUTH STATE ROAD . Collateral: 2007 Toyota Corolla
MIRAMAR, FL 33023 VN:
Phone: 954-518-1707 Fax: 954-518-1419
Assigned By:
Phone: Fax:
Account #: Terms:Due Upon Receipt
Date Service QTY Rate Subtotal
42/17/2014 Repossession Fee 1 $350.00 $350.00
CAR DEPOT OF MIRAMAR Account Information:
Current: $700.00 30-60: $0
60-90: $80.00 90-180: $-350,00
Sales Tax : $0.00
Lh ; Total Due Upon Receipt: $350.00
EXHIBIT
Coa P-
Page 1 of 1F:RON_MULTFAX (RUN Fax Server) —To:954-Gt8-1419 (19545181419) 12:35 12/17/14 EST Pg 2-4
Overall Recovery Inc Gar Condition Report
2419 W. 3rd. COURT Hialeah,FL 33010
Phohe: (305) 888-2008 Fax:(305) 402-2332 State License _ |
Client: CAR DEPOT OF MIRAMAR Case #: 2035678026 / 5881
Recovery Date; 2014-12-16 Account #: ATTN: unassigned unassigned
Recovery Time; 11:30 PM Borrower: ANTWANI GORDON
Police Agency: OPA- LOCKA PD
Order Type: Repossess
Recovery Location: 18811 NW 39TH CT MIAMI GARDENS FL 33055
Personals: No
Collateral (Stored At: Main Storage Lot 2419 W3 CT HIALEAH FL 33010 305-888-3005)
Year: 2007 Make: Toyota Model: Corolla Color: WHITE
vi Mileage: Licenses Expires:
General General Condition Mechanical Condition Interior Condition
Collision Damage Unknown Average
Notes:
Keys Ignition Keys No Secondary Keys No Battery N/a
Qptions :
Type Of Vehicle Roof Transmission Stereo
Adr Car Standard Roof Automatic Am/fmfed
Power Windows Power Locks Tilt Wheel AC
Power Seats Power Steering Cruise Contrél Diesel
Leather Seats Alloy Wheels Rear WC
Details: AIRBAGS DEPLOYED
Condition Body Paint Able To Drive
Dented Scratched No
Driver's Side
Front Quarter Panel Front Door Rear Door Rear Quarter Panel
Collision Damage Scratched And Dinged Average Average
Passenger's Side
Front Quarter Panel Front Door Rear Door Rear Quarter Panel
Collision Damage Scratched And Dinged Average Average
Top Hood Roof Trunk Hatchback
Collision Damage Average Average Nia
Bumper Front Rear
Collision Damage Scratch
Glass Good
Tires LftFrt Left Rear Right Front | RightRear Spare Wheel Covers
Average Average Average Average
Completed By: MAYTE GONZALEZ Received By:
Date: 12/17/2014 Received On:
Page 1 of 1RON_MULT_FAX (RON Fax Server) — T0:954-518-1419 (19545181419) 12:36 12/17/14 EST Pg 3-4
Picture Report
42/17/2014
oe W. te ate Case #: 2035678026
Hialeah, FL 33010 Reference #: 5881
Phone: 305-888-3005 Fax: 305-402-2332 Acct #:
State License No efjffrr
Client Lien Holder
CAR DEPOT OF MIRAMAR CAR DEPOT OF MIRAMAR
3530 SOUTH STATE ROAD 7
MIRAMAR, FL 33023
Phone: 954-518-1707 Fax: 954-518-1419
Debtor Vehicle
ANTWANI GORDON wo |
VIN:
The following pictures were taken of the above listed vehicle and are hereby provided in this report. The pictures
below are representations of the state of the vehic
Preview
Case Number: CACE-15-021373 Division: 08 Filing # 35144304 E-Filed 12/03/2015 06:32:50 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. MIAMI AUTO MAX, INC., a CASE NO.: Florida Corporation d/b/a Car Depot of Miramar, Plaintiff, v. ANTWANI J. MISE GORDON, an individual, YOLANDA NICOLE WATKINS-GORDON, an individual, and OCEAN HARBOR CASUALTY INSURANCE COMPANY, a Florida Corporation, Defendants. / COMPLAINT COMES NOW, Plaintiff, Miami Auto Max, Inc. d/b/a Car Depot of Miramar, (“Miami Auto”), by and through its undersigned counsel, and files this Complaint suing Defendants ANTWANI J. MISE GORDON (“Antwani Gordon”), an individual, YOLANDA NICOLE WATKINS-GORDON (“Yolanda Gordon”), an individual, and OCEAN HARBOR CASUALTY INSURANCE COMPANY (“Ocean Harbor’), (collectively “Defendants”), a Florida Corporation, and hereby alleges as follows: JURISDICTIONAL ALLEGATIONS 1. This is an action for damages which exceed $15,000, exclusive of attorney’s fees, costs and interest. 2. Allacts material to this Complaint occurred in Broward County, Florida. 3. This Court has jurisdiction over the parties in that the parties either conduct business within Broward County, Florida and/or the acts complained of herein occurred in Broward County, Florida. 4. Accordingly, jurisdiction and venue for this Complaint are properly within this Court. 1 *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 12/3/2015 6:32:49 PM.****10. 11. PARTIES Miami Auto is a Florida Corporation organized and existing in the State of Florida conducting business as a car dealership in Broward County, Florida. Ocean Harbor is a Florida Corporation organized and existing in the State of Florida conducting business as an insurance company providing, amongst other things, automobile insurance in Broward County, Florida. . Antwani Gordon is an individual and resident of Miami- Dade County, Florida, and is sui juris. Antwani Gordon purchased the subject vehicle hereto from Miami Auto and was upon information and belief, at all times material hereto, the owner and driver of the subject vehicle hereto. Yolanda Gordon is an individual and resident of Miami-Dade County, Florida, and is sui juris. Yolanda Gordon was, at all times material hereto, the insured under the insurance policy with Ocean Harbor for the subject vehicle hereto. CONDITIONS PRECEDENT All conditions precedent to the institution of this lawsuit and the Counts contained herein have either occurred and/or have been excused and/or waived by the Defendants, FACTUAL BACKGROUND On or about May 18, 2014, Antwani Gordon contracted with Miami Auto for the purchase of a bright white 2007 Toyota Corolla, VIN: a «: “Subject Vehicle”). A copy of the Retail Installment Sale Contract Simple Finance Charge (the “Contract”) is attached hereto as Exhibit A. On or about May 31, 2014, the Subject Vehicle was insured by Yolanda Gordon with Ocean Harbor, policy number a. as evidenced by the Florida Automobile Insurance ID Card, a copy of which is attached as Exhibit B hereto. 212. 13. 14, 15. 17. On or about September 19, 2014, Antwani Gordon entered into a new contract for the original transaction for the purchase of the Subject Vehicle with Miami Auto. A copy of the Retail Buyer’s Order for the new contract is attached hereto as Exhibit C. Somewhere between September 19, 2014 and December 16, 2014, the Subject Vehicle was involved in an incident, (the “Incident”), whereby the Subject Vehicle suffered significant damages. It is unknown whether the Incident was a motor vehicle accident as there was no report filed for the Incident and Miami Auto was not aware of it until it regained possession of the Subject Vehicle. On or about December 16, 2014, a repossession order was issued to Antwani Gordon for the Subject Vehicle due to Antwani Gordon’s failure to make the payments for the Subject Vehicle as required under the Contract, Exhibit A hereto. On or about December 16, 2014, the Subject Vehicle was repossessed by Overall Recovery, Inc. A copy of the invoice and car condition report for the repossession of the Subject Vehicle, a picture report showing the Subject Vehicle’s physical damages existing before repossession, and the repossession notification are all attached hereto as Composite Exhibit D. . On or about December 16, 2014, after repossession of the Subject Vehicle, Miami Auto learned that the Subject Vehicle had been significantly damaged. Miami Auto, through its undersigned legal counsel, sent a letter via Regular and Certified Mail Receipt on or about January 29, 2015 to Antwani Gordon. In this letter, Exhibit E hereto, Antwani Gordon was told to notify the Subject Vehicle’s insurance company of the Incident leading to the Subject Vehicle’s damages and to also forward to the undersigned’s office information about the Subject Vehicle’s insurance policy coverage. Neither the undersigned nor Miami Auto received a response to this letter. 318. 19. 20. 21, 22. On or about February 5, 2015, Miami Auto, through its undersigned legal counsel, sent Maria Long, a representative of Pearl Holding Group, which was the company manager for Ocean Harbor, a letter notifying of the damages to and repossession of the Subject Vehicle and telling her that the Subject Vehicle was located at Overall Recovery, Inc., ready to be inspected and appraised at their earliest convenience. A copy of this letter is attached hereto as Exhibit F. In same letter, the undersigned also requested insurance coverage information for the Subject Vehicle. . On or about March 5, 2015, after receiving no response to the February 5, 2015 letter, the undersigned legal counsel resent to Maria Long the same letter from February 5, 2015, a copy of which is attached hereto as Exhibit G. On or about March 30, 2015, Pearl Holding, as managing general agent for Ocean Harbor, sent a letter to Yolanda Gordon explaining that it needed more information to determine if it would cover the damages to the Subject Vehicle, and further claimed that the Date of Loss was January 1, 2015. A copy of this letter is attached hereto as Exhibit H. Additionally, Pearl Holding stated in same letter that the insurance policy for the Subject Vehicle was not in effect at the time of the loss. However, prior to the Subject Vehicle being repossessed on or about December 16, 2014, the Subject Vehicle was already significantly damaged. Therefore, the Date of Loss could not be January 1, 2015 as Pearl Holding claimed on its March 30 letter, Exhibit H hereto. Accordingly, the Date of Loss, and/or the date of the Incident, occurred prior to the date of repossession, December 16, 2014. On or about April 27, 2015, Pearl Holding, as managing general agent for Ocean Harbor, sent Yolanda Gordon a letter alleging to be in the midst of processing the claim filed for the loss of the Subject Vehicle. In this letter, Exhibit I hereto, Pearl Holding continued to claim 423. 24. 25, 26. the Date of Loss was January 1, 2015. Notwithstanding the error in the Date of Loss, Pearl Holding arranged for Yolanda Gordon to submit a telephonic recorded statement on May 7, 2015 to cooperate with Pearl Holding’s investigation regarding the Subject Vehicle’s substantial damages. On or about June, 2015, the undersigned legal counsel’s office contacted Pearl Holding through telephone and inquired as to the telephonic recorded statement Yolanda Gordon was supposed to submit on May 7, 2015. The Pearl Holding’s claims adjuster who answered the phone call said that Yolanda Gordon was no longer required to submit the recorded statement as, according to this Pearl Holding’s claims adjuster, the insurance policy for the Subject Vehicle was not in effect at the time of the loss, again erroneously believing the Date of the Loss was January 1, 2015. On or about May 8, 2015, Pearl Holding, as managing general agent of Ocean Harbor, sent Yolanda Gordon a letter, Exhibit J hereto, whereby Pearl Ocean stated that it reserved its tights to disclaim coverage due to Yolanda Gordon’s lack of cooperation as well as due to the policy allegedly not being in effect at the time of the loss, again improperly referring to the Date of the Loss as January 1, 2015. To date, Antwani Gordon has failed to make the required payments due under the Contract, Exhibit A hereto. Additionally, neither Ocean Harbor, nor Pearl Holding as the managing general agent for Ocean Harbor, has provided the requested insurance coverage information of the Subject Vehicle, nor has either one made any payments to cover the repair for the substantial damages the Subject Vehicle suffered while it was insured by Ocean Harbor under the management of Pearl Holding. Miami Auto has been damaged by Antwani Gordon and Yolanda Gordon for their failure to satisfy the balance due to Miami Auto under the Contract, Exhibit A hereto; and by Ocean 527. 28. 29. 30. 31. 32, 33, 34, Harbor for its failure to cover the damages the Subject Vehicle sustained while insured by Ocean Harbor, managed by Pearl Holding. By virtue of Ocean Harbor’s failure to provide Miami Auto the insurance coverage for the Subject Vehicle and/or cover the expenses associated with repairing the Subject Vehicle, Miami Auto has been damaged. Ocean Harbor’s delay in payment and failure to cover the Subject Vehicle’s damages is significantly affecting Miami Auto’s business which Ocean Harbor is aware of or should be aware of. Miami Auto has been forced to retain the undersigned counsel to bring this action and has agreed to pay said law firm its reasonable fees and costs in handling the matter. Miami Auto is entitled to receive the full amount of attorney’s fees and costs to prosecute this Complaint on all counts pursuant to Florida Statute §57.105 as Defendants do not have any justifiable defense to this action. Miami Auto demands a trial by jury on all counts so triable in this Court. COUNT I BREACH OF CONTRACT AS TO ANTWANI GORDON ONLY Miami Auto realleges and incorporates each and every allegation contained in Paragraphs 1 through 31 as if fully stated herein. On or about May 18, 2014, Miami Auto entered into the Contract, Exhibit A hereto, with Antwani Gordon whereby Antwani Gordon agreed to pay $24,071.92 for the Subject Vehicle. On or about May 18, 2014, Miami Auto delivered possession of the Subject Vehicle to Antwani Gordon and Antwani Gordon left Miami Auto with the Subject Vehicle in her possession.35, Under the Contract, Exhibit A hereto, Antwani Gordon was to make monthly payments to satisfy the amount due for the Subject Vehicle. 36. Antwani Gordon started making the monthly payments due under the Contract until on or about December 2014. 37. On or about December 16, 2014, the Subject Vehicle was repossessed. 38. On or about December 16, 2014, at the time of the Subject Vehicle’s repossession by Overall Recovery, Inc., the Subject Vehicle was found significantly damaged, as evidenced by Composite Exhibit D, attached hereto, 39. Antwani Gordon breached the terms of the Contract she entered into with Miami Auto as follows: a. Antwani Gordon ceased making monthly payments for the Subject Vehicle as required under the Contract, Exhibit A hereto. b. The Subject Vehicle, purchased by Antwani Gordon, was involved in the Incident and suffered substantial damages as a result thereof. Miami Auto was not notified of the Incident leading to the Subject Vehicle’s substantial damages. ce. Antwani Gordon did not report the Incident which caused the damages to the Subject Vehicle, and there is no report on record showing when the Incident took place. d, Antwani Gordon failed to insure and keep insured the Subject Vehicle. e. Antwani Gordon failed to cooperate with the adjustment of the claim. 40. Miami Auto has suffered damages as a result of Antwani Gordon’s actions and inactions as follows: a. Miami Auto has not been fully paid for the Subject Vehicle as contracted for under the Contract.b. Miami Auto recovered the Subject Vehicle through repossession but the Subject Vehicle was found crashed, substantially damaged, and in a condition which made same useless in the car dealership business. c. Miami Auto had to hire a repossession company, Overall Recovery, Inc. to repossess the Subject Vehicle and in doing so incurred additional costs. d. Miami Auto had to retain the undersigned’s services to solve this matter and has agreed to pay the undersigned its reasonable attorney’s fees and costs. e. By Antwani Gordon’s failure to insure, keep insured, and/or cooperate with the adjustment of the claim. 41. Antwani Gordon’s actions and inactions constitute material breaches of the Contract. 42. Miami Auto is entitled to receive the full amount of attorney’s fees and costs to prosecute this Complaint on all counts pursuant to Florida Statute §57.105 as Antwani Gordon has no justifiable defense to this action. 43. Miami Auto demands a trial by jury on all issues triable in this Court including this Count. WHEREFORE, Miami Auto requests that this Honorable Court enters judgment for damages against Antwani Gordon, award Miami Auto pre judgment and post judgment interest, attorney’s fees and costs, and any other and further relief this Honorable Court deems just and proper under the circumstances. COUNT II UNJUST ENRICHMENT AS TO ANTWANI GORDON ONLY 44, Miami Auto realleges and incorporates each and every allegation contained in Paragraphs 1 through 31 as if fully stated herein.45. 46. 47, 48. 49, 50. Sl. 52, 53. 54. Miami Auto conferred a benefit upon Antwani Gordon by virtue of providing the Subject Vehicle to Antwani Gordon in exchange for $24,071.92, to be paid in monthly installments in accordance to the Contract, Exhibit A hereto. Antwani Gordon had knowledge of said benefit as she accepted and/or retained the Subject Vehicle for which Miami Auto had not been fully paid. Miami Auto was never fully paid for the Subject Vehicle, which Antwani Gordon utilized for her own respective use and benefit. At the time of repossession, the Subject Vehicle was found substantially damaged, as evidenced by Composite Exhibit D attached hereto. Upon information and belief, Antwani Gordon either crashed the Subject Vehicle or otherwise allowed the Subject Vehicle to be substantially damaged. Antwani Gordon used the Subject Vehicle up and until the Subject Vehicle was substantially damaged. Antwani Gordon stopped making payments due under the Contract, Exhibit A hereto, on or about the time when the Subject Vehicle was significantly damaged. The time of the Incident is unknown as Antwani Gordon did not report said incident, did not notify Miami Auto about the Subject Vehicle’s damages, nor did she respond to the undersigned’s correspondence sent on or about January 29, 2015, Exhibit E hereto. To this date, Miami Auto has not heard from Antwani Gordon regarding the Subject Vehicle and/or her debt for same due under the Contract. The circumstances are such that it would be inequitable for Antwani Gordon to have used and enjoyed the Subject Vehicle to her benefit without fully paying for same and thereafter allowing the Subject Vehicle to be substantially damaged, to Miami Auto’s detriment, and without compensating Miami Auto for same losses. 955. Antwani Gordon has been unjustly enriched as follows: a, Antwani Gordon obtained possession of the Subject Vehicle, owing a substantial amount of money for same, due in monthly payments under the Contract. b. Antwani Gordon ceased making the monthly payments due under the Contract after fully using, enjoying, and allowing the Subject Vehicle to be substantially damaged. c, After obtaining possession of the Subject Vehicle, Antwani Gordon allowed it to be substantially damaged, did not report these damages to Miami Auto, did not take action to repair these damages, did not properly insure, keep insured and/or cooperate with the adjustment of the subject insurance policy, all to the detriment of Miami Auto as Miami Auto now has possession of the damaged Subject Vehicle and has to repair the Subject Vehicle in order to continue doing business with it. 56. Miami Auto is entitled to receive the full amount of attorney’s fees and costs to prosecute this Complaint on all counts pursuant to Florida Statute §57.105 as Antwani Gordon has no justifiable defense to this action. 57. Miami Auto demands a trial by jury on all issues triable in this Court including this Count. WHEREFORE, Miami Auto requests that this Honorable Court enters judgment for damages against Antwani Gordon, award Miami Auto pre judgment and post judgment interest, attorney’s fees and costs, and any other and further relief this Honorable Court deems just and proper under the circumstances. COUNT IIL NEGLIGENCE AS TO ANTWANI GORDON AND YOLANDA GORDON 58. Miami Auto realleges and incorporates each and every allegation contained in Paragraphs 1 through 31 as if fully stated herein. 1059. 60. 61. 62. 63. 64, At all times material hereto, both Antwani Gordon and Yolanda Gordon, as the owner of the Subject Vehicle and as the insured under the Subject Vehicle, respectively, owed a duty to others, including Miami Auto, to operate the Subject Vehicle in a safe and diligent manner. Upon information and belief, the Subject Vehicle was being driven by Antwani Gordon, Yolanda Gordon, and/or by an unknown third party with the consent of Antwani Gordon and/or Yolanda Gordon. Both Antwani Gordon and Yolanda Gordon breached said duty by causing the Subject Vehicle to be damaged, on an unknown date, and in an unknown manner, which caused damages to the Subject Vehicle thereto. Antwani Gordon’s and Yolanda Gordons’s negligent actions were the direct and proximate cause of the damages caused to the Subject Vehicle, which have not been paid for. Miami Auto has suffered damages as a result of Antwani Gordon’s and Yolanda Gordon’s negligence. Miami Auto demands a trial by jury on all issues triable in this Court including this Count. WHEREFORE, Miami Auto prays that this Honorable Court enters judgment in its favor against Antwani Gordon and Yolanda Gordon, both jointly and severally, for compensatory and special damages, award Miami Auto pre and post judgment interests, attorney’s fees and costs, and any other and further relief this Honorable Court deems just and proper under the circumstances, 65. COUNT IV BREACH OF CONTRACT AS TO OCEAN HARBOR ONLY Miami Auto realleges and incorporates each and every allegation contained in Paragraphs 1 through 31 as if fully stated herein. 1166. 67. 68. 69. 70. 71. 22. 73. Miami Auto is a third party beneficiary specifically identified, contemplated, and intended by the parties in the agreement for insurance of the Subject Vehicle between Ocean Harbor, managed by Pearl Holding, and Yolanda Gordon, which was to provide substantial and specific insurance coverage on the Subject Vehicle which Miami Auto financed and is a beneficiary as lien holder and thus a loss payee. Upon information and belief, Ocean Harbor was paid all sums of money due and owing for the insurance coverage of the Subject Vehicle and issued a Florida Automobile Insurance ID Card to Yolanda Gordon, Exhibit B hereto, for which Miami Auto was to be protected as a loss payee under same insurance policy. Ocean Harbor, at all times material hereto, had a duty to comply with the terms and conditions of the insurance policy, including but not limited to paying any and all damages resulting to the Subject Vehicle from any incident to the appropriate party. Ocean Harbor breached its duty by failing to cover the damages caused to the Subject Vehicle after being put on notice on or about February 5, 2015, Exhibit F hereto, of the Incident, date unknown. At all times material hereto, Miami Auto fully complied with the terms of the insurance agreement applicable to it as a third party beneficiary. The breaches of the insurance agreement are material as to Miami Auto. Miami Auto has been severely damaged by Ocean Harbor’s material breaches of the insurance agreement. Miami Auto is entitled to recover compensatory and special damages in excess of the minimal jurisdiction of this Court. Damages to Miami Auto are the refusals of Ocean Harbor to pay any sums due under the insurance agreement which have, as a consequence, caused Miami Auto lost profits which Ocean Harbor is responsible for. 1274, 75. . Miami Auto is entitled to receive the full amount of attorney’s fees and costs to prosecute this Complaint on all counts pursuant to Florida Statute §57.105 as Ocean Harbor does not have any justifiable defense to this action. Miami Auto demands a trial by jury on all issues triable in this Court including this Count. WHEREFORE, Miami Auto requests that this Honorable Court enters judgment for damages against Ocean Harbor, awards Miami Auto pre judgment and post judgment interest, attorney’s fees and costs, and any other and further relief this Honorable Court deems just and proper under the circumstances. COUNT V BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING 76. 77. 78. 79. 80. AS TO OCEAN HARBOR ONLY Miami Auto realleges and incorporates each and every allegation contained in Paragraphs 1 through 31 as if fully stated herein. Every contract includes an implied covenant that the parties will perform in good faith. Ocean Harbor breached the implied covenant of good faith and fair dealing between the patties by failing to pay sums to Miami Auto for damages due under the insurance agreement for the Subject Vehicle to which Miami Auto was an intended third party beneficiary. Ocean Harbor refused and failed to discharge its contractual responsibilities under the insurance agreement for the Subject Vehicle claiming that the insurance policy for the Subject Vehicle was no longer in effect as it had expired on July 31, 2014 and the date of the loss was, according to Ocean Harbor and Pearl Holding, January 1, 2015. However, the date of the loss cannot be January 1, 2015 as Ocean Harbor and Pearl Holding claim because on or about December 16, 2014, before the Subject Vehicle was repossessed, the Subject Vehicle was already substantially damaged.81. Said breaches by Ocean Harbor were not prompted by honest mistake, bad judgment or negligence, but rather by consciolis and deliberate acts which unfairly frustrate the agreed common purpose and disappoint the reasonable expectation of Miami Auto that have deprived Miami Auto of the benefits due under the insurance agreement for the Subject / Vehicle and the value of said insurance agreement. 82. 83. 84, 85. 86 87. Ocean Harbor’s failures to discharge its contractual responsibilities have precluded Miami Auto from obtaining its rights, benefits and value of the insurance agreement for the Subject Vehicle. Ocean Harbor knowingly failed to resolve or rectify the above breaches, which could only have been accomplished by Ocean Harbor. Ocean Harbor acted in a way to promote its own self-interest in lieu of its duty to act in good faith and acted capriciously to contravene the reasonable contractual expectations of Miami Auto by failing to pay for the damages incurred by Miami Auto and which were due under the insurance agreement for the Subject Vehicle. Miami Auto is entitled to recover compensatory and special damages in excess of the minimal jurisdiction of this Court. Damages to Miami Auto are the refusals of Ocean Harbor to pay any sums to Miami Auto due under the insurance agreement for the Subject Vehicle, which have, as a consequence, caused Miami Auto lost profits, which Ocean Harbor is responsible for. . Miami Auto is entitled to receive the full amount of attorney’s fees and costs to prosecute this Complaint on all counts pursuant to Florida Statute §57.105 as Ocean Harbor does not have any justifiable defense to this action. Miami Auto demands a trial by jury on all issues triable in this Court including this Count. 14WHEREFORE, Miami Auto requests that this Honorable Court enters judgment for damages against Ocean Harbor, awards Miami Auto pre judgment and post judgment interest, attorney’s fees and costs, and any other and further relief this Honorable Court deems just and proper under the circumstances. TRIAL BY JURY Miami Auto demands a trial by jury on all issues so triable in this Court. Dated this 3 of December, 2015. 15 Respectfully submitted, MARCUS LAW CENTER, LLC 2600 Douglas Rd Suite 1111 Coral Gables, FL 33134 Tel: (305) 507-1203 See Alan K. Marcus, Esq. FL Bar 266116 amarcus! @marcuslaweenter. comRETAIL INSTALLMENT SALE CONTRACT SIMPLE FINANCE CHARGE Dealer Number Contract Number Co-Buyer Name and Address Buyer Name and Address (Including County and Zip Code) (roe GARY RGB 18811 NW 39 Court buyer RAR ASBEGENS, flac A055- Co-Buyer's Birth Month: Seller-Creditor (Name and Address) MIAMI AUTO MAX, INC, 3530 S STATE ROAD 7 MIRAMAR, FL 33023 contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule a 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 below, We will figure your finance charge on a daily Late Charge. If payment is not received in full within _10 of 5% of each installment. Prepayment. If you pay off all your debt early, you may have to pay a penalty. Security Interest. You are giving a security interest in the vehicle being purchased, Additional Information: See this contract for mote information including information about nonpayment, default, prepayment penalties, any required repayment in full bofore the scheduled dato and security interest. days after it is due, you will pay a late charge ITEMIZATION OF AMOUNT FINANCED, 1 Cash Price (including $ 7 sales tax) 2 Total De it =, cee 001 Infiniti $__15638. 52 (1) 130 Trade-In (Year) (Make) (Model) Tadon_________ jie (VIN) Gross Trade-In Allowance $_1000.00_ Less Pay Off Made By Seller $___N/A _ Equals Net Trade In $_1000, 00 _ +Cash $_1500, 00 _ +Other $ N/A (If total downpayment is negative, enter “0” and see 4J below) $2500. 00_ (2) 3 Unpaid Balance of Cash Price (1 minus 2) $_13138. 52. (3) 4 Other Charges Including Amounts Paid to Others on Your Behalf (Seller may Keep patt of these amounts): basis at the Base Rate of ___“% per year. The Truth-In-Lending Disclosures below are part of this contract. ; Make Weight New/Used/Demo| Year | andModel | —_(lbs.) Vehicle Identification Number Primary Use For Which Purchased Toyotal EX ersonal, family or housshold — on Corollp fe Bees 6 agricultural go FEDERAL TRUTH-IN-LENDING DISCLOSURES Insurance, You may buy the physical damage Insur- ANNUAL FINANCE Amount Total of Total Sale ance this contract requires (see back) from anyone PERCENTAGE | CHARGE Financed Payments Price eae Bar at Ghat eiate petee RATE The dollar The amount of | The amount you | The tolal cost of Teauld to buy ary other Insurance to obtain erat The cost of amount the credit provided | will have paid after | your purchase on uniess the box Inccatng Hendors Single iat your credit as credit will to you or you have made all | “credit, including Insurance is require are elow. (ou choice 7 a yearly rate, cost you. ‘on your behalf. payments as. your down Insurance providers wil not affect our decision to sel ‘scheduled, payment of you the vehicle or extend credit to yo : 2500.00; If any insurance is checked below, policies, or $ is cerlificates from the named Insurance companies will 21, 00%} ¢ 7689.75 }§ _13882.17| $_21571, 92 $ 24071. 92 describe the terms and conditions, Your Payment Schedule Will Be: Check the insurance you want and sign below: Ruaber of Amount of ‘When Payments Optional Credit Insurance ayments, ayments Are Due CO Credit Lite: C2 Buyer [J Co-Buyer C1 Both oF 399.48 | Monthly beginning 0671772014 Term a ids Or As Follows: CO Credit Disabtity (Buyer Only) Term : Premium: Credit lifes N/A Credit Disabilty$ ______N/A ___ Insurance Company Name Home Office Address Crodit life insurance and credit ae insurance are not Tequired to obtain credit. Your decision fo buy or not fo buy credit life insurance and credit Gisabity 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, you choose this insurance, the cost is shown In Item 4A of the Itemization of fans Financed, Credit ie insurance is based ‘on your original payment schedule. This insurance may not pay all you ‘owe on Eigcontract yyoumake late payments Creda sally insuranco doos not cover any inorease in your payment or in the number of payments, Ifthe box above is checked to indicate that you want credit life insurance, ease read and: Signtne folowing acknowledgments: 1, You understand that you have tho option of assigning any other policy or policies you own or may procure for the purpose of covering this extension of credit and that the policy need not be purchased from us in order to obtain the extension of credit. Buyer Date x oe Co-Buyer Date 2, You understand thal the credit life coverage may be Cltered if atthe time of application, you are unable engage In amnlrumant ne timahle to " EXHIBITA Gost of Uptional Great insurance Paid to insurance Company or Companies, Life $ N/A SNA Disability $ N/A B Vendors Single Interest Insurance Pald to Insurance Company : © Other Optional Insurance Paid to Insurance Company or Companies $ D Optional Gap Contract $_695.00 _ E Ofictal Fees Paid to Government Agencies $ F Government Documentary Stamp Taxes $ G Government Taxes Not Included in Cash Price $ ? ke age and sax: ‘sign this ‘acknowl edgement Ifthe proposed credit life insurancs policy does nat Contain this restriction) Buyer Date CoBuyer Date 8. You understand that the benelits under the polioy wil ter Iminate when you reach a certain age and affirm that your age is accurately represented on the application or policy. H Government License and/or Registration Fees Buyer Date $. N/A X | Government Certificate of Tille Fees $ N/A Co-Buyer Date J. Other Charges (Seller must Identify who is pald and Other Optional Insurance describe purpose) aa ca fo for Prlor Credit or Lease Balance $ N/A ‘Type of Insurance Ferm fo for $ N/A Promium $_N}ZA - 7 7 See eee eee for See See E EER Eats oe Ins. Co, Namo & Address to for _ $ N/A to for $ N/A _aSeen0 to for $ N/A _aSSeSeSSRnn to for $ N/A N/JiP0 oF insurance we™ fo for $ N/A Premium $ ‘otal Other Charges and Amounts Pald to Others on Your Behalf $143, .65_(4)| | Ins.Co. Nang Amtddress 5 Loan Processing Fee Paid to Seller (Prepaid Finance Charge) $ NZA_ (6) 6 Amount Financed (3 plus 4) $_13882,17 6) OPTION: [J You pay no finance charge if the Amount Financed, item 6, is paid in full on or before —__—., Year - SELLER'S INITIALS OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not equired to obtain credit and will not be provided unless you sign below and agree to pay the exlra charge. If you choose fo buy a gap contract, the charge is shown in Item 4D of the Htemization of Amount Financed. See your gap contac or delas onthe terms andl condtions It provides. tis apart of this contact ‘Type of Insurance Term Premium $ Ins. Co. Name & Address Wa Term fir Mos. “Type of Insurance Term Name of Gap Contract Premium $ Ins, Co, Name & Address | went to buy a gap coptract. Buyer Signs Cc. 7 (VENDOR'S SINGLE INTEREST INSURANCE (VSI insurance): If he preceding box is checked, the Creditor © Type of Insurance Term requires VSI insurance for the initial term of the contract to protect the Creditor for loss or damage {o the vehicle (collision, fire, theft). 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. N/jou elect to purchase VSI insurance through the Creditor, the cost of this insurance is ——_~— ands also shown in Item 4B of the Itemization of Amount Financed. The coverage is for the Initial term of the contract, You authorize us to purchase Vendor's or Lender's Single Interest Insurance. Premium $ Ins, Co, Name & Address thor optional insurance is not required fo obtain crit, Your decision to buy or not buy other optional insurance wil not be «a facir in the credit approval process. It wil not be provided‘unless you sign and agree to pay the extra cost. | want the insurance checked above, Buyer Signs X Co-Buyer Signs X Date: Returned Check Charge: If any check or order of payment you give us is dishonored, you will pay a charge if we make demand that you do Buyer Signatur = r So. Tha cago wl be $25 the check amounts $50 ores; $30 I thecheckis ove $60 but nt mor than$300; $40 tho checkamounig {| 222" Slanaiue nae over $300, or such amount as permitted by law, xX Sanne Co-Buyer Signature Daio SE LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED IN THIS CONTRACT. Florida documentary stamp tax required by law in the amount of $ dirocly to the Department of Revenue Certilate of Registration No. has been pald or will be paid = SELLER'S ry ANCEL - If Buyer and Co-buyer sign here, the provisions of the Seller’s Right to Cancel section on the back, which gives y the i. th the ri eancel within. days, will apply. Xx, : xX Buyer Sign’ “"C“ Co-Buyer Signs 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 enti ment bel apd us relating to this contract. Any change to this conttact must be in wniting and we must sign it. No oral changes are binding. Buyer Signs Co-Buyer Signs X_ ———— {i any part of this contract is not valid, all other pars stay valid. We may delay or refrain from enforcing any of our tights 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 THE BUYER: a) Do not sign this couuach stare you read it or if it contains any blank spaces. b) You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights. You agree to the terms of tig contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it andreview jf. You confirm that you received a completely filled-in copy when you signed it. Buyer Signs pate /18/201 4Co-Buyer Signs X Go-Buyars and Other Onners — A od buyers a person who is responsible for paying the entre debt, Another over Isa perso does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract, —___— Date. se name is on ihe title to the vehiole but Other owner signs here X Address a4 —- : YY Sollor sign AMT —AUPO iAK;—INC? Feet + A eee Soller assigns its Interest in this contract fo _ AeBarea| indore terms of Sellers agresmeni(e) with Assignee. (1 Assigned with recourse (1 Assigned without recourse 1] Assigned with limited recourse Seller By Z Title “AU SOREN, EE een arnt a saoaomcabo C4 ; ‘THe Prien akesnounnmeitry exrnesse bur Mee Nee Fo a ORIGINAL LIENHOLDER FITNESS FOR PURPOSE OF THIS FOR. CONSULT YOUR OWN LEGAL COUNSEL. 4 UILET Uitaryss muy ninwur “ - cali you (Seller may keep part of these amount deferre fapplicatic yor In amnloument nr ninahla in mesFLORIDA AUTOMOBILE INSURANCE ID CARD Ocean Harbor Casualty Insurance Company -| Binder | - > + Effective 2007 MERCEDE C280 4Matic AW: VIN; 2007 TOYOTA Corolla CE VIN] COVERAGES APPLICABLE ARE MARKED’ ~ Zl PROPERTY DAMAGE LIABILITY/ [7] BODILY INJURY LIABILITY PERSONAL INJURY PROTECTION Insured: Yolanda Nicole Watkins-gordon Address; 18814 NW 39th Ct Chty/Su2Ip: Mlam| Gardens FL. 33055 Not valid mora than ona year from aifactive data MISREPRESENTATION OF INSURANCE : ISA FELONY 1 Report all-accidents immediatelyto; ~~~ = => Ocean Harbor Casualty Insurance Company Claims #: (054) 587-2200 2, Obtain full names, addresses and license number of all othar persons Involved In the'accldent, 4. Obfain full namas, home and businesses of all witnesses 4, Do not admit Hlability or dlacuas the accident with anyane except the police or Company representative, 5, Keep tha card in your mator vehicle or on your person, Agency: Outside Sales 417340 NW 27th Ave. Miami, FL.93066 (305) 621-2930 FLORIDA AUTOMOBILE INSURANCE ID CARD ualty Insurance Company Binder aie Effeelive: 06/31/2014 2007 MERCEDE ©280 4Matle AW VIN: 2007 TOYOTA Corolla CE VIN: COVERAGES APPLICABLE ARE MARKEO {Z] PROPERTY DAMAGE LIABILITY/ [[] BODILY INJURY LIABILITY PERSONAL INJURY PROTECTION Insured: Yolanda Nicole Watkins-gardan Address; 18841 NW 39th Ct : Cily/StZip: Miami Gardens FL33085 0 - a Not valid mora than one year fram effective data MISREPRESENTATION OF INSURANCE IS A FELONY 1, Report all aceldenta Immediately to: Ocean Harbor Casualty Insuranes Company Claims #: (954) 587-2209 2. Obtain full names, addresses and licanse number of all other parsons invoivad In the accidant, 8. Obtain full namas, hame and businesses of all witnasees 4, Da not admit liability or dlacues the accident with anyone. exoept the pollee or Company rapregentalive. §, Keep the card In your motor vehlele or on your person, Agency: Outside Sales 17340 NW 27th Ave. Miami, FL 93086 (305) 624-2939 CA Pechie Dat. s|ai|q— 3431 IY ~ EXHIBIT 6‘THEPAnITER HUMES No WasRAdy EXPRESS CR WPLIED, ASTO CONTENT On ‘FESS FOR PURPOSE OF THs FORM, CONSULT YOUR CHR LEGAL COUNSEL 3530 South State Road 7 « Miramar, FL 33023 Office: 954-518-1707 www.cardepotofmiramar.com Fax: 954-518-1419 " | texteab, police efile, RETAIL BUYER’S ORDER DATE 09/19/2014 (“AnEwani Gordon [03726703 oom mo 7 7 : eH = ony Tae ar HHiani dan EL 33955. : Taare ar a oo aaa This used vehiole has been proviously driven by others and Dealer has not made any Eecncean Cash Peice of Vehicle SR representation regarding the Vehicle's history. Customer edges. that 0 representation has been made by any agent of Dealer: () regarding the history, condition, prior repair or maintenance, safety system or suinblityof the Vehicle; or Gi} that ithes or has not ever sustained damages prior to this Order, nor does Dealer have the obligation Ho make such disclosure, Customer understands the she may retain a thitd-party to provide information regarding the Vehicle's history and that Dealer encourages Customer io do so, Customer may also make arrangements to have the Vehicle inspected by a person of Customer's own choosing. Customer further eckrowledges that Customer has est diven this Vehicle and it meets Custoxner’s satisfaction or Customer has beea offered sa. opportnity to do so, and hes declined. Except as otherwise set frth on the window form (Buyer's Guide), this Vehicle is sold “AS IS ond WITH ALL FAULTS,” without uy warranty end Deater hereby expressly disclaims all warrants, either express or Implie, intading any inlied waranty of metchaatbiy or fess for «part purpose, and neither assumes nor authorizes any person to sssutme for it aay tabiity in connection wit the sale ofthe Vehicle. The information you see onthe window form for Eis Vebiole $s pat of this contracVordes. Information on the window overrides eny contrary provisions inthe contracVorder of sale, ‘The Manufacturer warranty, if any, bas been flly explained, Ifthe Vebicle is designated es a certified vehicle, that indicates that it has qualified for listed extension of the Manufacturer's original watcnty asset forth on the Buyet’s Guide, The certified designation does aot alter or modify any ofthe sbovd disclaimers and waivers, nor does it crete a Desler warranty, It algo does not Accessories 7 Subtotal Less Pre-owned Allowance and/or Discount [Net Difference aenose Predelivery Service Fee $858.00 Electronic Registration Filing Fee $89.75 "These cherges represent costs and profit the desler for ems cuck as inspecting, cleaning snd dusting ‘vehicles and preparing dozuments elated othe sale, heed Acid Battery Feo wen Florida New Tire Feo (Si,00 per ire) NA NY mean that the Vehicle, like all used vehictes, will not soffer mechanical breakdowns, nor| need maintenance dus wear aed tr, {enter short-term reat, a HdeTRH, replica or food vehicle) (Customes Subtotal 1890.33 Sales Tax 6.00. U3 4 |County Tax 50.00 Lemon Law - Warranty Bnforcement Act (New cars only) a HLS: ergy gions PURCHASER. customer Cusumer | Fie Tie, Regivatonand Liens Fest (New Tras) ‘Oilfboeis cheked this san esas N/A IGUIA PARA COMPRADORES DB VEHICULOS USADOS. LA INFORMATIGN QUE VB| EN EL FORMULARIO DELA VENTANILLA PARA ESTS VEHICULO FORMA PARTE DEL, PRESENTE CONIRATO. LA INFORMACION DELLA VENTANILLA DEVA SIN EFECTO | TODA DISPOSICION EN CONTRARIO CONTENIDA EN EL CONTRATO DE VENTA. CPeivaté CO Lease Wall Away Trede Pay-off/ Balance on Prior Lease N/A Subtotal 1265395 Motor Vehicle Service Contract x Vehicle Maintenance Agreement N/A GAP INSURANCE 595,00 Fear 200L p4aue IMEANIEL y4oge: 130 Color SILVER Vi Riles 139000 Sales Tax on Other Benefits N/A [GRAND TOTAL 13248.75 "Lien to: Amount (Good Thea Rebate NAA 2 Lien tor ‘Amount Good Tha }Cash (Receipt # ___) 1800, 00 Authorized by: Total Cash Down 1800. 00 ness specifically Identified by Customer in writing and signed by the parties, Customer ons nd wares long resting Tad i () wa ot el aa dent (i) has not incurred any body or major engine cepa); and (i) wasnot previously pois veil, a efea shore ete (Cr es than 12 mouths) slo refered 08 & rental vehicle, a Slood damaged, ome damaged, salvaged or rebuilt vehicle. Subject tothe Jes ead conden of tus Orde, ‘authorizes Dealer to immediately sell the Trade-in whether or not the Financing Approvels have been cbisined. Customer agrees thet in| tho event any inquiry reveels any undisclosed len on the Trade-In, andlor the actuel pay-off for th disclosed laa on the Trade-in exceeds the Customer's etatement of pay-off Customer will cause such previously unknown lier(s) andlor the: amount ofthe Tens) tobe satisfied within 72 hous of Dealer's fie to Customer i wating. Ifthe vebice() sted isa Lease Walk Away, Castomer understands thet Dealer's agreement to take possession of it is for convenieace only and Dealer assumes no responsibility for its conten or any other obligation of Custofer with respect japan exces les oF eoug to vers tevin waing ad sind by Delt custome Aas pen BALANCE DUE ON DELIVERY 11448. 75 ‘FINANCING NEGOTIATION / APPROVAL JCuvtomer may seewe Gnancing trough Desler or a nancieg entity of Customer's choosing and [Customer may be able fo obtain more feverable financing from third parts. ‘The retail installment salen contract ("RISC") to he entered between Dealer and Customer unless otherwise indested ta ortng ty Dest, shal bo inmedially assigned by Dealer o a bank / finance com or greater) wih shall bo tbe credtor to whom Customer shall bs obligated under the RISC. Customer elso wersands tha: () the aswel percentage rate (APR) for the asain sls of ot cob my be mga, ad) Dear may ee sme porn of be Mace cag | ceive other ing tha financing and selling ofher products and services. Dealer sy erate Greif Dr cana chin oe ep! Cuaner Deters wa el th RISC to inal netuton on terms of no less than fce va (chess ets shall be collectively refered fo 08 "Finalng Approval"). Dealer's right of termination cannot bo waived unless in wing. Winancing Approvals ae cot ypealy btaied atthe time ofthe Vehlle's delivery and ze| zon Dealer cent, Siu Chstoer ae ey ofthe ele pio to Deaers etching] Financing Approvals, Customer’ nd ac shop Fanci Aprons iva ke lea Gasonr crs veconniaestoCapnroty oni Custos: a ave, nor wll acy any ight or intrests ix the Yehiolo by suc delivery except Dealer’ permission TRAN AND LIMITATION ACKNOWLEDGEMENTS: reverse side. Customer hos read end understands paragraph H, In a dispute between the parties, Customec shall not bo entitled to recover fiom Decler any special damages, consequential dameges, damages to property, damages for loss of use, los of time, loss of profits or income ox ny ther incidental damages inelnding, but not limite to vehicle rental cage, This Order isnot erdesao anys pan. Ca pays ac edn paar a serve to hold the Vebele ftom sale to another for 24 hours oy ne Sp Customer: th parties agree to submit all claims to Binding arbitration asset forth in paragraph H on the | $2 owen which pennson con be rote, ririg the eile mete return a Dealer de im conden a exited he elvered ta Cstoner. Addenaly, belts othe Foateleg preva conten svequet otha enforcement and val ofthe RISC, wih t Dede option, shell be deemed null end void if such condition subsequent is not met. If the RISC contains a | Str Right to Cane provision roe provision tht obanly dees therbtaes fe ‘Approval, eft povin t Gly completed and exes, then the coon Sbsequn decries hs seton tall copy, Uthe RISC dees et conn Sci’ Right avec” provision that subantlyaddrenes the abitne of te Frsacog Approvals ori enfin sacha provi, buts tga completed an exeted rs eigen som aner thppleabs, hen hf eon ine desl apy gover and eon. cwtonee( Aff Customer UTED. AND ACCURATE, CUSTOMERDINS READ, 5 CONTAINED Ran AS THAT OU HAE NOE KEE ON DY DEALERS MANAG UNDERSTANDS Se Lo ae OTe {ORAL RETKESESTATION TROMISE OR AGREEMENT NOY o| ‘rans Te ROVTOED 70 04 sais onoEn BNP OOP ren SS AND ACCEPTS ALL PROVES Co-Coriomer's Signatre ‘Manger Dae EXHIBITON_MULT_FAX (RON Fax Server) _ To:954-518-1419 (19545181419) 12:35 12/17/14 EST Pg 1-4 Overall Recovery Inc Invoice #: 5063 2419 West 3rd. COURT Invoice Date: Labbividlin 7 Case # / Reference#: Hialeah FL 33010 2035678026 / 5881 Phone: 305-888-3005 Fax: 305-402-2332 TO: CAR DEPOT OF MIRAMAR Debtor: ANTWANI GORDON 3530 SOUTH STATE ROAD . Collateral: 2007 Toyota Corolla MIRAMAR, FL 33023 VN: Phone: 954-518-1707 Fax: 954-518-1419 Assigned By: Phone: Fax: Account #: Terms:Due Upon Receipt Date Service QTY Rate Subtotal 42/17/2014 Repossession Fee 1 $350.00 $350.00 CAR DEPOT OF MIRAMAR Account Information: Current: $700.00 30-60: $0 60-90: $80.00 90-180: $-350,00 Sales Tax : $0.00 Lh ; Total Due Upon Receipt: $350.00 EXHIBIT Coa P- Page 1 of 1F:RON_MULTFAX (RUN Fax Server) —To:954-Gt8-1419 (19545181419) 12:35 12/17/14 EST Pg 2-4 Overall Recovery Inc Gar Condition Report 2419 W. 3rd. COURT Hialeah,FL 33010 Phohe: (305) 888-2008 Fax:(305) 402-2332 State License _ | Client: CAR DEPOT OF MIRAMAR Case #: 2035678026 / 5881 Recovery Date; 2014-12-16 Account #: ATTN: unassigned unassigned Recovery Time; 11:30 PM Borrower: ANTWANI GORDON Police Agency: OPA- LOCKA PD Order Type: Repossess Recovery Location: 18811 NW 39TH CT MIAMI GARDENS FL 33055 Personals: No Collateral (Stored At: Main Storage Lot 2419 W3 CT HIALEAH FL 33010 305-888-3005) Year: 2007 Make: Toyota Model: Corolla Color: WHITE vi Mileage: Licenses Expires: General General Condition Mechanical Condition Interior Condition Collision Damage Unknown Average Notes: Keys Ignition Keys No Secondary Keys No Battery N/a Qptions : Type Of Vehicle Roof Transmission Stereo Adr Car Standard Roof Automatic Am/fmfed Power Windows Power Locks Tilt Wheel AC Power Seats Power Steering Cruise Contrél Diesel Leather Seats Alloy Wheels Rear WC Details: AIRBAGS DEPLOYED Condition Body Paint Able To Drive Dented Scratched No Driver's Side Front Quarter Panel Front Door Rear Door Rear Quarter Panel Collision Damage Scratched And Dinged Average Average Passenger's Side Front Quarter Panel Front Door Rear Door Rear Quarter Panel Collision Damage Scratched And Dinged Average Average Top Hood Roof Trunk Hatchback Collision Damage Average Average Nia Bumper Front Rear Collision Damage Scratch Glass Good Tires LftFrt Left Rear Right Front | RightRear Spare Wheel Covers Average Average Average Average Completed By: MAYTE GONZALEZ Received By: Date: 12/17/2014 Received On: Page 1 of 1RON_MULT_FAX (RON Fax Server) — T0:954-518-1419 (19545181419) 12:36 12/17/14 EST Pg 3-4 Picture Report 42/17/2014 oe W. te ate Case #: 2035678026 Hialeah, FL 33010 Reference #: 5881 Phone: 305-888-3005 Fax: 305-402-2332 Acct #: State License No efjffrr Client Lien Holder CAR DEPOT OF MIRAMAR CAR DEPOT OF MIRAMAR 3530 SOUTH STATE ROAD 7 MIRAMAR, FL 33023 Phone: 954-518-1707 Fax: 954-518-1419 Debtor Vehicle ANTWANI GORDON wo | VIN: The following pictures were taken of the above listed vehicle and are hereby provided in this report. The pictures below are representations of the state of the vehic