Gateway One Lending & Finance LLC v. Raziyan (In re Raziyan)
Opinion
Lead Opinion
Donovan, J.
MEMORANDUM DECISION
On August 15, 2007, Platinum Auto Haus entered into a retail sales contract (Contract) for the purchase of a 2003 Mercedes Benz (VIN WDBLK70G53144109) with Defendant Sara Raziyan (Raziyan). Platinum Auto Haus immediately assigned the Contract to Gateway One Lending & Finance, LLC (Plaintiff). Pursuant to the Contract, Raziyan agreed not to sell, rent, lease, or transfer any interest in the car or the Contract without permission. Tr. Ex. 1, Contract, paragraph 2(b). She also agreed not to expose the car to misuse, seizure, confiscation, or involuntary transfer. Id. According to the Contract, Razi-yan was required to make monthly payments of $508.16 beginning September 14, 2007, through August 14, 2013. Raziyan failed to complete all of the monthly payments. She made her last payment to Plaintiff in February 2011. After this default, and without Plaintiffs knowledge or permission, Raziyan did not return the car to Plaintiff but instead turned over possession of the car to her husband, Ali Lavas-sani, from whom she was separated; they were living separately and in the process of divorce.