Date: 03-10-2013

Case Style: Ronald Dean Lake v. Don Brown

Case Number: CJ-2012-6729

Judge: Bill Graves

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Mark L. Hoose

Defendant's Attorney:

Description: Ronald Dean Lake sued Don Brown on a breach of contract theory claiming: 1. Plaintiffs, Ronald Dean Lake and Jeanette Lake, are individuals residi rig in Oklahoma County, State of Oklahoma.

2. Defendant, Don Brown, is a single individual residing in Oklahoma County, State of Oklahoma

3. This Court has jurisdiction and venue for this cause of action.

4. As further described below, this is an action for breach of contract, and foreclosure of Note and Contract for Deed on:

THE N/2 OF THE N/2 OF THE SW/4 OF THE NW/4 OF SECTION FIFTEEN (15), TOWNSHIP 14 NORTH, RANGE lEAST OF THE INDIAN MERIDIAN, OKLAHOMA COUNTY, OKLAHOMA, CONTAINING 10 ACRES, MORE OR LESS,

together with all the tenements, hereditaments and appurtenances to the same belonging to any wise pertaining,

AND

A 1978 CASTLE MOBILE HOME VIN 03246A.

Cause of Action

5. That Defendant, Don Brown, entered into a Contract for Deed dated May 9, 2008 with Plaintiffs, Ronald Dean Lake and Jeanette Lake to purchase the real and personal property described as:

THE N/2 OF THE N/2 OF THE SW/4 OF THE NW/4 OF SECTION FIFTEEN (15), TOWNSHW 14 NORTH, RANGE I EAST OF THE INDIAN MERIDIAN, OKLAHOMA COUNTY, OKLAHOMA, CONTAINING 10 ACRES, MORE OR LESS,

together with all the tenements, hereditaments and appurtenances to the same belonging to any wise pertaining,

AND

A 1978 CASTLE MOBILE HOME VIN 03246A.

6. That as part ofthe transaction described in ParagraphS hereinabove, I )efendant, Don Brown, executed a Promissory Note (“Note”) dated May 9, 2008, in favor ofRonald Dean Lake and Jeanette Lake, promising to pay the sum of Seventy Eight Thousand and No/100 Dollars ($78,000.00), with interest thereon at the rate of zero percent (0.0%) per annum on the unpaid balance of the principal until paid. A true and correct copy of said Note is attached hereto, marked Exhibit “A”, and incorporated herein by reference.

7. That on June 4, 2008, said Contract for Deed was filed of record, with mortgage tax paid thereon, in the office of the County Clerk of Oklahoma County, in Book 10824, Pages 254-258. A true and correct copy of said Contract for Deed is attached hereto, marked Exhibit “B”, and incorporated herein by reference.

8. That default has occurred and that Defendant, Don Brown, has failed to make the regularly scheduled installments and there is due and owing to Plaintiffs the sum of $44,850.00, with interest accruing at zero percent (0%) per annum from October 24, 2012, late fees, reasonable attorney’s fees, and all costs of this action.

9. That Defendant, the Unknown Spouse of Don Brown, if any, may claim some right, title and interest in and to the subject real property pursuant to her relationship with I )efendant, Don Brown. Plaintiff states, however, any such right, title and interest of said Defendani, the Unknown Spouse of Don Brown, if any, and all those claiming by, through, or under her in and to the subject property is junior and inferior to the Contract for Deed lien of the Plaintiff Plaintiff prays that Defendant, the Unknown Spouse of Don Brown, if any, be summoned and required to set up in this suit any right, title or interest in and the lands which are the subject of this lawsuit or be forever barred from asserting any right, title or interest in and to the real estate.

10. Plaintiffs’ undersigned attorneyherebymakes the following disclosures to Defendant in accordance with the Fair Debt Collection Practices Act:

A. I am a debt collector.

B. This is an attempt to collect a debt.

C. Any infonnation obtained will be used for that purpose.

D. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after your receipt of the Plaintiffs’s Summons and Petition, I will assume this debt to be valid. If you notify me in writing within said thirty (30) day period that the debt, or any portion thereof, is disputed, I will obtain verification of the debt and I will mail a copy of such verification to you. Upon written request by you within the thirty (30) day period, I will provide the name and address

of the original creditor, if different from Plaintiffs.

WHEREFORE, Plaintiffs prays for judgment in personam and in rem against Defendant, Don Brown, in the amount of $44,850.00 with interest accruing at zero percent (0.00%) per annum from October 24, 2012, until paid; judgment for all costs and expenses incurred herein; judgment for attorney’s fees.

ANIJ for a further judgment in rem against all said Defendants adjudging that all of said Defendants be required to appear and set forth any right, title or interest which they have, or may have, in and to said real estate and premises; and that said Contract for Deed be foreclosed and that the same be declared a valid first, prior and superior lien upon the real estate described above, for and in the amounts set forth, and ordering said real estate and premises sold, for cash, with or without appraisement, as the Plaintiffs have elected and provided for in said Contract for Deed and by law, subject to unpaid taxes, advancements by Plaintiffs for taxes, expenses necessary for the preservation ofsaidproperty, if any, to satis’ saidjudgment, and that the proceeds arising therefrom be applied to the costs herein and, and the paents and satisfaction of the judgment, Contract for Deed and lien of this Plaintiffs, and that the surplus, if any, be paid to the Court to abide further order of the Court;

That all right, title and interest of said Defendants, and each of them, and all those claiming by, through, or under them since the corm-nencement of this action, in and to the subject property, be adjudged junior and interior to the Contract for Deed lien and judgment of the Plaintiffs, and be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest estate or equity of redemption in of to said premises, or any part thereof; and for such other and further relief which may be deemed just and proper.

Defendant did not appear and/or answer.

Outcome: On this 12th day of February, 2013, the captioned matter came before this Court on the application of Plaintiffs Ronald Dean Lake and Jeanette Lake for final judgment against the above- named Defendants. The Court, having reviewed the Petition, Summons, Returns of Service and Court file, finds:

1. That this Court has jurisdiction and venue for this cause of action.

2. This is an action for breach of contract and foreclosure of mortgage.

3. Defendant Don Brown entered into a Contract for Deed dated May 9, 2008 with Plaintiffs Ronald Dean Lake and Jeanette Lake to purchase the real and personal property described as:

THE N/2 OF THE N/2 OF THE SW!4 OF THE NW/4 OF SECTION FIFTEEN (15), TOWNSHIP 14 NORTH, RANGE 1 EAST OF THE INDIAN MERIDIAN, OKLAHOMA COUNTY, OKLAHOMA, CONTAiNING 10 ACRES, MORE OR LESS, alic/a 21630 Luther Road, Luther, Oklahoma 73054,

together with all the tenements, hereditaments and appurtenances to the same belonging to any wise pertaining,

AND

A 1978 CASTLE MOBILE HOME V1N 03246A.

4. That as part of the transaction described in Paragraph 3 herein above, Defendant Don Brown executed a Promissory Note dated May 9, 2008, in favor of Plaintiffs Ronald Dean Lake and Jeanette Lake, promising to pay the sum of Seventy Eight Thousand and No/100 Dollars ($78,000.00), with interest thereon at the rate of zero percent (0.0%) per annum on the unpaid balance of the principal until paid.

5. That on June 4, 2008, said Contract for Deed was filed of record, with mortgage tax paid thereon, in the office of the County Clerk of Oklahoma County, in Book 10824, Pages 254-25 8.

6. Defendant Don Brown defaulted on the Promissory Note by failing to make the regularly scheduled payment as set forth in said Promissory Note. As such, the Promissory Note has been accelerated and Plaintiffs Ronald Dean Lake and Jeanette Lake have declared all sums immediately due and payable thereunder.

7. As a result of the default, Defendant Don Brown is, as of October 24, 2012, indebted to Plaintiffs Ronald Dean Lake and Jeanette Lake in the sum of $44,850.00, with interest accruing at zero percent per annum, plus all statutory and contractual attorney’s fees, costs, interest, including prejudgment interest and such other relief as the Court deems just and proper.

8. Defendant Don Brown was served with the Petition and Summons in person on December 9, 2012. Said service was valid, legal and proper in all respects.

9. Defendant The Unknown Spouse of Don Brown was not served, as Defendant Don Brown attested to the process server on December 9, 2012 that he was not married, and as such The Unknown Spouse of Don Brown is hereby dismissed without prejudice.

10. Defendant Don Brown has failed to answer or otherwise plead, and is wholly in default.

11. No Defendant has asserted any interest superior to that of Plaintiffs, Ronald Dean Lake and Jeanette Lake.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, Plaintiffs Ronald Dean Lake and Jeanette Lake recover judgment in personam and in rem against Defendant Don Brown in the amount of $44,850.00, with interest accruing at the rate of 0.0% from October 24, 2012 per annum until paid; judgment for all costs and expenses incurred herein, specifically including but not limited to abstracting fees of$ 150.00, filing fees and service fees of$3 38.70, a reasonable attorney’s fee in the amount of $2,500.00 as provided for in said Promissory Note; and the costs of this action accrued and accruing.

AND for a further judgment in rem against said Defendant Don Brown. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that said Contract for Deed of Plaintiffs Ronald Dean Lake and Jeanette Lake be foreclosed and that the same be declared a valid first, prior and superior lien upon the real estate described above, for and in the amounts set forth, and ordering said real estate and premises sold for cash, with appraisement, as the Plaintiffs have elected and proved for in said Contract for Deed and by law, subject to unpaid taxes, advancements by Plaintiff for taxes and expenses necessary for the preservation of said property, if any, to satisfy said judgment, and that the proceeds arising therefrom be applied as follows:

First: To the costs herein accrued and accruing;

Second: To the payments and satisfaction of the Judgment, Contract for Deed and Promissory Note of these Plaintiffs, Ronald Dean Lake and Jeanette Lake, for $44,850.00, with interest accruing at the rate of 0.0% from October 24, 2012 per annum until paid; all costs and expenses incurred herein, specifically including but not limited to abstracting fees of $150.00, filing fees and service fees of $338.70, a reasonable attorney’s fee in the amount of $2,500.00 as provided for in said Promissory Note, the costs of this action accrued and accruing;

Third: The surplus, if any, to be paid to the Court Clerk to await further order of the Court.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all right, title and interest of Defendant Don Brown, and all those claiming by, through or under him since the commencement of this action in and to the subject property, be adjudged junior and inferior to the Judgment, Contract for Deed and Promissory Note of the Plaintiffs Ronald Dean Lake and Jeanette Lake, and be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest estate or equity of redemption in or to said premises, or any part thereof; and for such other and further relief which may be deemed just and proper.

Plaintiff's Experts:

Defendant's Experts:

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