CJ-2026-891 - KEYS LANDING HOMEOWNER'S ASSOCIATION, INC. v. AVELARDO E. RUIZ, JR.

What's This Case About?

Let’s cut straight to the absurdity: a homeowners association in Owasso, Oklahoma, is trying to foreclose on a house over $2,167.53. That’s not a typo. We’re talking about a potential property seizure — a legal nuclear option — because someone didn’t pay their HOA dues. And not even three grand’s worth. This isn’t a mortgage default. It’s not a tax lien. It’s not even a high-stakes dispute over architectural violations or unapproved flamingos in the front yard. No, this is a full-blown foreclosure petition over what amounts to less than a decent used car down payment. Welcome to the wild, petty, and slightly unhinged world of HOA justice.

So who are we dealing with here? On one side, you’ve got the Keys Landing Homeowner’s Association, Inc., a not-for-profit corporation that sounds like it should manage a gated community with a suspiciously overstaffed golf cart valet. They’re based in Tulsa County and, according to their own filings, have the legal authority to slap liens on homes when owners fall behind on assessments. On the other side is Avelardo E. Ruiz, Jr., the homeowner allegedly in arrears, and his mysteriously unnamed spouse (listed only as “Spouse of Avelardo E. Ruiz, Jr.” — we don’t even know if they exist, let alone their name). Then there’s the usual cast of corporate ghosts: Mortgage Electronic Registration Systems, Inc. (a.k.a. MERS, the Frankenstein of mortgage paperwork), First United Bank and Trust Company, and the delightfully vague “Occupants of the Premises” — which could be Avelardo, his cousin, a raccoon with a lease agreement, or all three. The relationship here is simple: Ruiz owns a house in the Keys Landing I subdivision. The HOA says he agreed to pay dues. He didn’t. Now they want the house. Or at least, they want the threat of taking the house to be very, very real.

Here’s how we got here. Ruiz bought a home at 12211 E 70th St N in Owasso — a quiet, suburban part of Tulsa County where the biggest crime is probably someone mowing their lawn on a Sunday. Like most HOA-governed neighborhoods, Keys Landing comes with rules, regulations, and, most importantly, monthly or quarterly fees to maintain common areas, landscaping, and the collective peace of mind that your neighbor isn’t parking a rusted-out RV in plain sight. According to the HOA, Ruiz stopped paying. Not just the base assessment, but all the little add-ons that pile up when you ignore the bills: interest, collection costs, attorney fees. By February 18, 2026, the total owed had ballooned to $2,167.53. That’s not nothing, sure — but it’s also not exactly a financial catastrophe. For context, that’s about six months of Netflix, Spotify, Hulu, and a subscription to something called “Meat of the Month Club.” But the HOA didn’t send a sternly worded email. They didn’t knock on the door. They didn’t even start with a small claims suit. No, they went straight for the legal equivalent of a flamethrower: a foreclosure action.

And they weren’t subtle about it. On January 9, 2025, they filed an official lien against Ruiz’s property — a legal claim that basically says, “If you don’t pay, we get paid first if this house ever sells.” That lien was for $1,116.04 at the time, broken down into $220 for unpaid assessments, $11.04 in interest, $800 in attorney fees and collection costs (yes, eight hundred dollars to chase down two hundred bucks), and $85 in “other charges.” Let that sink in: the cost of collecting the debt was nearly four times the actual unpaid dues. Then, less than a year later, they filed this petition, seeking to foreclose — to force a sale of the house — over the full $2,167.53. They cited Oklahoma law, their Governing Documents (fancy HOA-speak for “the rules you agreed to when you bought the house”), and even dropped a Fair Debt Collection Practices Act disclaimer, as if they were a debt collector calling at 3 a.m. to ask about a delinquent Kohl’s card.

Now, legally, they can do this. Oklahoma law — specifically Title 60, Section 851 and onward — allows homeowners associations to place liens on properties for unpaid assessments and, under certain conditions, to foreclose on those liens. It’s a powerful tool meant to protect communities from deadbeats who benefit from shared amenities without contributing. But here’s the thing: most HOAs use this as a last resort, after warnings, payment plans, and maybe a tense Zoom call with the board president. Keys Landing didn’t just skip to the end — they sprinted there. And they’re not just asking for the money. They’re asking the court to sell the house, apply the proceeds to the debt, and forever bar Ruiz and anyone else from claiming ownership. All over two grand.

And what do they actually want? Money, obviously. They’re demanding judgment for $2,167.53, plus more if the debt grows before the case wraps up — which it might, because interest and fees keep ticking. They also want attorney fees, court costs, and the full machinery of foreclosure: a court-ordered sale, appraisement, the whole nine yards. Is $2,167.53 a lot? In the grand scheme of real estate, no. The average home in Owasso is worth well over $300,000. This debt is less than 1% of the property’s value. It’s like a parking meter issuing a repossession notice because you owe $3.50. It’s disproportionate. It’s theatrical. It’s the legal version of using a sledgehammer to crack a dry-roasted peanut.

Our take? The most absurd part isn’t even the amount — it’s the sheer escalation. This isn’t about recovering dues. This is about sending a message. To Ruiz? Sure. But also to every other homeowner in Keys Landing: We are not a charity. We are not a suggestion. We are a lien-filing, foreclosure-petitioning machine of fiscal accountability. And while we’re not here to defend deadbeat homeowners, we also have to ask: is this really the hill you want to die on? Eight hundred dollars in legal fees to collect two hundred in dues? A foreclosure over a debt that could be settled with a single side hustle weekend? And let’s not ignore the irony: the HOA’s own actions — hiring a law firm, filing documents, initiating foreclosure — are what turned a minor arrears into a $2,100+ liability. They’re literally making the problem worse to solve it.

We’re not rooting for anyone to lose their home over this. But if we had to pick a side? We’re quietly cheering for Avelardo E. Ruiz, Jr. — not because he’s innocent, but because this feels less like justice and more like bureaucratic overkill. Maybe he’s behind on payments. Maybe he ignored notices. But this? This is HOA tyranny dressed up as legal procedure. And if there’s any justice in Tulsa County, the judge will take one look at this filing, raise an eyebrow, and suggest everyone sit down for a very awkward neighborhood meeting instead. Because seriously — foreclosure over $2,167? That’s not a legal strategy. That’s a cry for help.

Case Overview

Petition

Jurisdiction

District Court of Tulsa County, Oklahoma

Filing Attorney

Timothy D. Geary

JONES PROPERTY LAW, PLLC

Relief Sought

$2,168 Monetary

Plaintiffs

KEYS LANDING HOMEOWNER'S ASSOCIATION, INC. business
Rep: Timothy D. Geary, OBA No. 36121

Defendants

AVELARDO E. RUIZ, JR. individual
SPOUSE OF AVELARDO E. RUIZ, JR. individual
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. business
FIRST UNITED BANK AND TRUST COMPANY business
OCCUPANTS OF THE PREMISES AT 12211 E 70 ST N OWASSO, OK 74055 individual

Claims

#	Cause of Action	Description
1	Foreclosure of Owners Association Lien	Plaintiff seeks to foreclose on a lien for unpaid homeowners association fees and assessments.

Petition Text

1,974 words

IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA KEYS LANDING HOMEOWNER'S ASSOCIATION, INC., an Oklahoma Not for Profit Corporation; Plaintiff, vs. AVELARDO E. RUIZ, JR., if living, or the unknown heirs, beneficiaries, successors, executors, administrators, devisees, and assigns, if deceased; SPOUSE OF AVELARDO E. RUIZ, JR., if any, if living, or the unknown heirs, beneficiaries, successors, executors, administrators, devisees, and assigns, if deceased; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for First United Bank and Trust Company; FIRST UNITED BANK AND TRUST COMPANY; OCCUPANTS OF THE PREMISES AT 12211 E 70 ST N OWASSO, OK 74055; Defendants. PETITION FOR FORECLOSURE OF OWNERS ASSOCIATION LIEN Plaintiff, KEYS LANDING HOMEOWNER'S ASSOCIATION, INC., alleges and states as follows: 1. That the Plaintiff is an Oklahoma not for profit corporation with its principal place of business in Tulsa County, Oklahoma. 2. That Plaintiff did timely file Governing Documents titled The Declaration of Covenants, Conditions and Restrictions with the County Clerk for Tulsa County, Oklahoma on July 17, 2007, as Document Number 2007079123 (the “Governing Documents”). 3. That Defendant AVELARDO E. RUIZ, JR., if living, or the unknown heirs, beneficiaries, successors, executors, administrators, devisees, and assigns, if deceased, is the record owner of the Property (the “Property”) that is the subject matter of this action, the same being legally described in Exhibit “A”. 4. That pursuant to the terms of the Governing Documents, Defendant AVELARDO E. RUIZ, JR., if living, or the unknown heirs, beneficiaries, successors, executors, administrators, devisees, and assigns, if deceased, did become indebted to Plaintiff for assessments for common expenses incurred by Plaintiff pursuant to the Governing Documents. 5. That Defendant AVELARDO E. RUIZ, JR., if living, or the unknown heirs, beneficiaries, successors, executors, administrators, devisees, and assigns, if deceased, has failed to pay the assessments and other charges levied against the Property as they came due. As of February 18, 2026, Defendant AVELARDO E. RUIZ, JR., owes a past-due balance of $2,167.53 together with all additional assessments, late fees, interest, attorney fees, special assessments, and other charges that continue to accrue under the Governing Documents during the pendency of this action and other charges commencing to be due and owing the aforementioned dates. 6. That pursuant to Title 60 O.S.A. §851, et seq, and the Governing Documents, Plaintiff filed its assessment lien against the Subject Property for past due assessments chargeable against Defendant AVELARDO E. RUIZ, JR , if living, or the unknown heirs, beneficiaries, successors, executors, administrators, devisees, and assigns, if deceased, and said lien being recorded with the County Clerk for Tulsa County, on January 9, 2025, as Document Number 2025002146, a copy of said lien is attached hereto as Exhibit “B”, and made a part hereof by reference. 7. That pursuant to Title 60 O.S.A. §851, et seq, the Governing Documents, and other applicable Oklahoma law, Plaintiff has the right to bring this action for foreclosure to recoup all unpaid dues, assessments, interest, and other charges owed by Defendant AVELARDO E. RUIZ, JR , if living, or the unknown heirs, beneficiaries, successors, executors, administrators, devisees, and assigns, if deceased, including reasonable attorney fees and costs. 8. That Defendant AVELARDO E. RUIZ, JR, if living, or the unknown heirs, beneficiaries, successors, executors, administrators, devisees, and assigns, if deceased, may claim some right, title, or interest in and to the Property. Plaintiff states, however, that any such right, title, or interest claimed by Defendant is subordinate and inferior to the lien of Plaintiff, and Plaintiff petitions the Court that Defendant be summoned in this case and be required to set up in this suit any right, title, or interest said Defendant may have, or claim to have, in and to the Property, or be forever barred from claiming any such right, title, or interest in and to the Property. 9. That Defendant SPOUSE OF AVELARDO E. RUIZ, JR, if any, if living, or the unknown heirs, beneficiaries, successors, executors, administrators, devisees, and assigns, if deceased, may claim some right, title, or interest in and to the Property. Plaintiff states, however, that any such right, title, or interest claimed by Defendant is subordinate and inferior to the lien of Plaintiff, and Plaintiff petitions the Court that Defendant be summoned in this case and be required to set up in this suit any right, title, or interest said Defendant may have, or claim to have, in and to the Property, or be forever barred from claiming any such right, title, or interest in and to the Property. 10. That the Defendant MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for First United Bank and Trust Company, may have a prior and superior lien to the lien of Keys Landing Homeowner's Association, Inc. upon the Property, which was recorded on August 31, 2021, with the County Clerk of Tulsa, Oklahoma, as Document Number 2021101530, and has not subsequently been released. 11. That Defendant FIRST UNITED BANK AND TRUST COMPANY, may have a prior and superior lien to the lien of Keys Landing Homeowner's Association, Inc. upon the Property, which was recorded on August 31, 2021, with the County Clerk of Tulsa, Oklahoma, as Document Number 2021101530, and has not subsequently been released. 12. That Defendant OCCUPANTS OF THE PREMISES AT 12211 E 70 ST N OWASSO, OK 74055, may claim some right, title, or interest in and to the Property. Plaintiff states, however, that any such right, title, or interest claimed by Defendant is subordinate and inferior to the lien of Plaintiff, and Plaintiff petitions the Court that Defendant be summoned in this case and be required to set up in this suit any right, title, or interest said Defendant may have, or claim to have, in and to the Property, or be forever barred from claiming any such right, title, or interest in and to the Property. 13. That after allowing all just credits, there is due and owing to Plaintiff KEYS LANDING HOMEOWNER’S ASSOCIATION, INC., on the recorded lien, the sum of $2,167.53 as of February 18, 2026. Defendant AVELARDO E. RUIZ, JR., owes a past-due balance of $2,167.53, representing past-due payments, accrued interest, and other charges, together with ongoing dues, late fees, and interest that will continue to accrue through the date of final disbursement of proceeds in this action. 14. That unless expressly stated otherwise herein, any right, title, or interest claimed by all named Defendants are subordinate and inferior to the lien claimed by KEYS LANDING HOMEOWNER’S ASSOCIATION, INC. 15. That Plaintiff has performed all condition precedent to the filing of this Petition including mailing of required notices pursuant to applicable Oklahoma Law and the Governing Documents and is entitled to the relief requested herein. 16. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C.A. Sec. 1692 (FDCPA), unless the person or entity responsible for the payment of the above debt, within (30) days after service of this pleading, disputes the validity of the debt, or any portion thereof, the debt will be assumed valid. If such person or entity notifies the undersigned attorney for the creditor in writing within said thirty (30) day period that the debt, or any portion thereof, is disputed, said attorney will obtain verification of the debt and a copy of such verification will be mailed to said person or entity by the undersigned attorney for the creditor; and upon written request by you within the thirty (30) day period, the undersigned attorney for the creditor will provide the name and address of the original creditor, if different from the current creditor. WHEREFORE, premises considered, Plaintiff petitions for judgment in personam of and from Defendant, AVELARDO E. RUIZ, JR., if living, or the unknown heirs, beneficiaries, successors, executors, administrators, devisees, and assigns, if deceased, in the present amount of $2,167.53 as of February 18, 2026, said amount representing the total amount due on the Property for past due assessments, and other charges owing to Plaintiff by Defendant, and for further judgment in personam for such additional amounts representing future assessments, that come due and owing and remain unpaid from and after the dates of each outstanding balance, during the pendency of this action, together with late fees, finance charges, and Plaintiff's reasonable attorney fees and court costs incurred in the prosecution of this action, with interest on all thereof as allowed by law until said judgement is paid in full, for judgement in rem of and from all Defendants, and each of them, adjudging the liens of Plaintiff asserted herein to be a valid and subsisting lien against the Property in the amounts petitioned hereunder, and ordering that the liens be foreclosed and the Property be sold, with appraisement, according to law, and the proceeds of said sale to be applied to the payment of the judgement of Plaintiff entered herein, and the balance of said proceeds, if any, to be paid into the Court to abide by the further order of the Court. Plaintiff further prays that upon confirmation of the sale of the Property, the Defendants herein, and each of them, be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate, or equity or redemption in and to the Property, and for such other and further relief as this Court may deem equitable and necessary in the premises. Respectfully Submitted: Timothy D. Geary, OBA No. 36121 JONES PROPERTY LAW, PLLC 517 Liberty Lane, STE 100 Edmond, OK 73034 P: 405-888-2744 E: [email protected] Attorney for Plaintiff EXHIBIT "A" LOT THIRTY-ONE (31) OF BLOCK ONE (1) OF KEYS LANDING I, AN ADDITION TO TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. 12211 E 70TH ST N, OWASSO, OKLAHOMA 74055-7256 EXHIBIT B RECORD AND RETURN TO: Schwartz Vays 7215 NE 4th Ave, #101 Miami, FL 33138 CLAIM OF LIEN BEFORE ME, the undersigned notary public, personally appeared, Richelle Rocazella, who was duly sworn and says that he/she is the authorized agent of the Lienor, Keys Landing Homeowner’s Association, Inc., a Oklahoma not for profit corporation (the “Association”), whose address is 12810 E 69th St. N, Owasso, 74055 and that in accordance with Oklahoma Statutes and the Association’s Declaration, together with all subsequent supplements and amendments thereto (collectively, the “Covenants”), and the articles of incorporation and bylaws of the Association, said Association is owed the following amounts for shares of the common expenses: <table> <tr> <th>Assessments:</th> <td>$220.00</td> </tr> <tr> <th>Interest:</th> <td>$11.04</td> </tr> <tr> <th>Late Fees:</th> <td>$0.00</td> </tr> <tr> <th>Collection Cost and Attorneys fees:</th> <td>$800.00</td> </tr> <tr> <th>Other Charges</th> <td>$85.00</td> </tr> <tr> <th>TOTAL:</th> <td>$1,116.04</td> </tr> </table> plus, interest at the rate of 6 % per annum from the date due until paid. This claim of Lien shall also secure all unpaid assessments, interest, late fees, collection costs and attorney’s fees subsequent to the date of this Claim of Lien and before entry of a certificate of title. The Lienor claims this lien on the following described property Tulsa County, Oklahoma: Property Description: 12211 E 70 ST N Owasso, OK 74055 Folio # 61321-14-32-48600. The record owner(s) of the Subject Property is/are AVELARDO E RUIZ JR. The amount due to the Lienor remains outstanding as of 1/6/2025. Witness 1: Print Name: Victor Buzg Witness 2: Print Name: Jorge Porrata State of Florida County of Miami-Dade The foregoing instrument was acknowledged before me on this 10 day of January, 2025 by Richelle Rocazella, Authorized Agent of Keys Landing Homeowner’s Association, Inc., who [ ] produced ___________________________ as identification or [X] is personally known to me and who did take an oath that the matters contained herein are true and correct. Keys Landing Homeowner's Association, Inc. Richelle Rocazella, Authorized Agent of Keys Landing Homeowner's Association, Inc. Notary Public State of Florida at Large Notary Public State of Florida Ariana Viglione My Commission HH 594040 Expires 9/16/2028 LEGAL DESCRIPTION: THE FOLLOWING DESCRIBED REAL PROPERTY AND PREMISES SITUATED IN TULSA COUNTY, STATE OF OK, TO WIT: LOT THIRTY-ONE (31) OF BLOCK ONE (1) OF KEYS LANDING I, AN ADDITION TO TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF.