PITTSBURG COUNTY • CJ-2026-00028

The Dawn Michelle Testa Revocable Trust dated November 16, 2007 v. Kathleen Howry

Filed: Feb 13, 2026

Type: CJ

What's This Case About?

Let’s get one thing straight: this is not a murder mystery. There are no masked intruders, no missing persons, no dramatic courtroom confessions. But what we do have? A woman named Kathleen Howry who borrowed $55,000 from a revocable trust named after someone else—a trust called The Dawn Michelle Testa Revocable Trust, Dated November 16, 2007—and now, less than two years later, that trust wants to take her land. And not just her land—her entire property, down to the dirt and the easement for the road, because she missed a single mortgage payment in June 2025. That’s right. One. Late. Payment. And now, boom: foreclosure. Welcome to the wild, wild world of Oklahoma real estate law, where a promissory note signed in good faith can turn into a legal guillotine faster than you can say “balloon payment.”

So who are these people? Well, on one side, we’ve got Kathleen Howry—a real human, presumably living somewhere in McAlester, Oklahoma, with a mailing address on Church Road and a dream of owning land. On the other side? The Dawn Michelle Testa Revocable Trust, which sounds like the name of a limited liability company from a Succession spinoff, but is actually just… a trust. A legal entity created by someone named Dawn Michelle Testa back in 2007, probably to manage her own finances or estate. Now, nearly two decades later, that same trust is acting like a mortgage lender, handing out $55,000 loans secured by Oklahoma farmland and charging 9% interest—because apparently, 2023 was the year Dawn Michelle Testa decided to pivot into private lending. Or maybe Dawn isn’t even involved at all. That’s the thing with trusts—they’re like legal ghosts. The person behind the curtain might be long gone, or might just be collecting interest from a beach in Belize. We don’t know. All we know is: the trust is now the plaintiff, and it’s being represented by a lawyer named Richard C. Lerblance, who filed this lawsuit on February 11, 2026, from a P.O. Box in Hartshorne, Oklahoma. It’s all very small-town legal drama, with just enough intrigue to make you wonder: who is Dawn Michelle Testa, and why is her trust foreclosing on Kathleen Howry?

Here’s how it all went down. On August 2, 2023, Kathleen Howry signed a promissory note promising to pay $55,895 (yes, $895 more than the original $55,000—finance charges, baby!) in monthly installments of $495, starting September 1, 2023. The loan was secured by a mortgage on a specific tract of land in Pittsburg County—Section 31, Township 5 North, Range 16 East—basically a patch of Oklahoma dirt big enough for a house, a garden, and maybe a goat or two. The mortgage was recorded, the tax paid, the notary stamped, the trust handed over the money, and Kathleen presumably got her cash and went on her way. Everything looked fine. For a while.

But here’s the kicker: this wasn’t a normal 30-year fixed mortgage. No, this was a 20-year loan with a balloon payment due in five years—meaning that after 60 months of paying $495, Kathleen would suddenly owe nearly $49,000 all at once in September 2028. That’s like eating a whole cake and being told at the last bite, “Oh, and here’s the entire pan—lick it clean or we’re calling the cops.” It’s brutal. And now, just 10 months in—before even hitting the two-year mark—Kathleen missed her June 2025 payment. Just one. Maybe she forgot. Maybe she lost her job. Maybe her goat got sick and ate the rent money. We don’t know. But according to the filing, she didn’t pay. And because the note says that any missed payment can trigger acceleration—meaning the entire balance becomes due immediately—the trust didn’t just send a reminder. They lawyered up. Fast.

Now they’re in court, demanding $62,211.20—$55,895 in principal, plus interest, plus attorney’s fees, plus late charges, plus costs. And they’re not just asking for money. They want the land. They want to foreclose. They want the court to declare their mortgage the “valid first, prior and superior lien,” sell the property at auction, and wipe Kathleen out of the title forever. Forever. That’s how serious this is. One missed payment, and poof—your home could be gone. And let’s be real: $62,000 isn’t chump change, but in the world of real estate, it’s not exactly a king’s ransom either. For context, the average home in Pittsburg County sells for around $150,000. So this property might be worth more than what’s being demanded—but if it sells at a foreclosure auction, it might not. And Kathleen could end up losing everything while still owing money. That’s how these things go.

The legal claim here is straightforward: foreclosure of mortgage. In plain English? “She didn’t pay. We want our money. If she can’t pay, we want the house.” That’s it. No fraud. No breach of contract drama. No hidden clauses about llamas or moon rocks. Just a simple, old-fashioned mortgage default. But the mechanics are intense. The note allows the lender to accelerate the debt after a default. The mortgage waives the right to appraisement—meaning the court doesn’t have to determine the property’s value before selling it. And it even says that Kathleen has to pay 10% in attorney’s fees just for filing the lawsuit, which gets tacked onto the debt and becomes part of the lien. So not only does she owe the money, she owes more money for the privilege of being sued. It’s like being charged a convenience fee for getting sued. And the trust? It’s not even a bank. It’s a revocable trust—a legal shell—acting like a predatory lender with the full force of Oklahoma law behind it.

Now, here’s the part where we, the people, have to ask: really? Is this what we want our legal system to be for? One late payment—no evidence of a pattern, no years of delinquency—and we’re already at foreclosure? Where’s the grace period? The mediation? The “hey, let’s work something out”? The trust could have sent a demand letter. Could have offered a payment plan. Could have waited a few more months. But no. They went straight for the jugular. And sure, the contract allows it. The law allows it. But just because you can foreclose over one missed payment doesn’t mean you should. Especially when the person on the other end might just be down on their luck, not a deadbeat. And let’s not forget: Dawn Michelle Testa isn’t some big bank. She’s not shareholders. She’s not a faceless corporation. This is a trust, likely set up for personal estate planning, now being used to squeeze every dollar out of a struggling borrower. It’s not evil. It’s not illegal. But it’s… cold. It’s the financial equivalent of serving a eviction notice because your roommate didn’t do the dishes one time.

So what are we rooting for? Honestly? We’re rooting for a settlement. We’re rooting for Kathleen to show up with a stack of receipts, a sob story, and a cashier’s check for $5,000, and for the trust to say, “Fine. We’ll reinstate the loan. But don’t do it again.” Because this feels less like justice and more like overkill. A $55,000 loan turning into a $62,000 foreclosure after one missed payment? That’s not lending. That’s leverage. And while we’re entertainers, not lawyers, we do know this: the law is a tool. It can build or destroy. And sometimes, the most powerful move isn’t to use it all the way. Maybe Dawn Michelle Testa’s trust could use a little mercy. Or at least a payment extension. Otherwise, this case won’t be remembered for its legal precedent—but for the time a trust named after a woman who may not even be involved decided that $495 was worth taking someone’s land over. And that’s not just petty. That’s Oklahoma dramatic.

Case Overview

$62,111 Demand Petition

Jurisdiction

District Court of Pittsburg County, Oklahoma

Filing Attorney

Richard C. Lerblance

Relief Sought

$62,111 Monetary

Plaintiffs

The Dawn Michelle Testa Revocable Trust dated November 16, 2007 business
Rep: Richard C. Lerblance

Defendants

Kathleen Howry individual

Claims

#	Cause of Action	Description
1	foreclosure of mortgage

Petition Text

2,653 words

IN THE DISTRICT COURT OF PITTSBURG COUNTY STATE OF OKLAHOMA THE DAWN MICHELLE TESTA REVOCABLE TRUST DATED NOVEMBER 16, 2007, Plaintiff, vs. KATHLEEN HOWRY, Defendant. PETITION COMES NOW, Dawn Michelle Testa, Trustee of The Dawn Michelle Testa Revocable Trust dated November 16, 2007, by and through its attorney Richard C. Lerblance and for its cause of action against the Defendant named above, alleges and states as follows: 1. That Kathleen Howry for a good and valuable consideration, made, executed and delivered to Dawn Michelle Testa, Trustee of The Dawn Michelle Testa Revocable Trust dated November 16, 2007, a certain written promissory note; a true copy of said note is hereto attached, marked Exhibit "A", and made a part hereof by reference. 2. That as a part of the same transaction and to secure the payment of the note above described, and the indebtedness represented thereby, Kathleen Howry, the owner of the real estate hereinafter described, made, executed and delivered to The Dawn Michelle Testa Revocable Trust dated November 16, 2007, the Payee of the note, a certain real estate mortgage in writing encumbering the following described real property, to-wit: Section 31, Township 5 North, Range 16 East A tract of Land in the SW 1/4 NW 1/4 of Sec. 31-T5N-R16E, more particularly described as follows: Beginning 547 feet South and 460 feet West of the Northeast Corner of Lot 2 of Section 31 for the True Point of Beginning: Thence West a Distance of 225 feet; thence North a distance of 100 feet; Thence East a Distance of 225 feet; Thence South a Distance of 100 feet to the Point of Beginning. And A Roadway Easement beginning 574 feet South of the Northeast Corner of Lot 2 of said Section 31 for the True Point of Beginning; thence West a distance of 460 feet; Thence North a Distance of 20 feet; thence East a Distance of 460 feet; Thence South a Distance of 20 feet to the Point of Beginning. 3. That said mortgage was duly executed and acknowledged according to law, the mortgage tax duly paid thereon, and was recorded on August 2, 2023, in Book 2662 at Page 569-571 in the office of the County Clerk of Pittsburg County, Oklahoma, a true and correct copy of which is attached hereto as Exhibit “B” and the record thereof is incorporated herein by reference. That the Plaintiff was the person entitled to enforce the Note on and before the date this action was filed. That Plaintiff has complied with all the terms, conditions precedent and provisions of said note and mortgage, and is duly empowered to bring this suit. 4. That said note and mortgage provided that if default be made in the payment of any of the monthly installments, or on failure or neglect to keep or perform any of the other conditions or covenants of the mortgage, that the entire principal sum and accrued interest, together with all other sums secured by said mortgage, shall at once become due and payable, at the option of the person entitled to enforce the Note, and the person entitled to enforce the Note shall be entitled to foreclose said mortgage and recover the unpaid principal thereon and all expenditures of the mortgagee made thereunder, with interest thereon, and to have said premises sold and the proceeds applied to the payment of the indebtedness secured thereby, together with attorney fees and all costs. 5. That default has been made upon said note and mortgage in that the monthly installment due on June 1, 2025, and thereafter have not been paid. 6. That said note and mortgage provide that in case of a foreclosure of said mortgage as often as any proceedings shall be taken to foreclose the same, the maker will pay an attorney’s fee as therein provided, and that the same shall be further charge and lien on said premises. 7. That after allowing all just credits there is due to Plaintiff on said note and mortgage the sum of: Sixty-Two Thousand Two Hundred Eleven Dollars and Twenty Cents, ($62,211.20), plus interest, court costs, and Plaintiff’s attorney fees. 8. That the mortgage specifically provides that appraisement of the property is expressly waived or not waived at the option of the mortgagee. 9. That the Defendant, Kathleen Howry, is the present record owner of the subject property. 10. That the Defendant, Kathleen Howry, is personally obligated on the Note herein sued upon unless the liability has been discharged or released. WHEREFORE, premises considered, Plaintiff prays for judgment in personam against the Defendant Kathleen Howry in the sum listed above in paragraph 7. That the mortgage be foreclosed and that the same be declared a valid first, prior and superior lien upon the property, for and in the amounts above set forth and ordering said real estate and premises sold, for cash, with or without appraisement, as the Plaintiff shall elect, and as provided in said mortgage and by law, subject to unpaid taxes, advancements by Plaintiff for taxes, insurance premiums, or expenses necessary for the preservation of the subject property, if any, to satisfy said judgment, and that the proceeds arising therefrom be applied to the payment of the costs herein, and the payments and satisfaction of the judgment, mortgage and lien of this Plaintiff, and that the surplus, if any, be paid into Court to abide the further order of the Court. That all right, title and interest of said Defendant, in and to the property be adjudged subject, junior and inferior to the mortgage lien and judgment of this Plaintiff, and that upon confirmation of such sale, the Defendant herein, and all persons claiming by, through or under them since the commencement of this action, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to the property, or any part thereof; and, That The Dawn Michelle Testa Revocable Trust dated November 16, 2007, be granted such other and further relief as may be just and equitable. Respectfully submitted, RICHARD C. LERBLANCE, OBA # 5385 P. O. Box 1011 Hartshorne, OK 74547 Telephone: 918-297-2501 Facsimile: 918-297-2941 [email protected] [email protected] ATTORNEY FOR PLAINTIFF STATE OF OKLAHOMA ) COUNTY OF PITTSBURG ) ss: Richard C. Lerblance being of lawful age and duly sworn upon oath deposes and says: That I am the attorney for the Plaintiff in the above-entitled action, that I prepared the above and foregoing pleading, know the contents thereof, and that to the best of my knowledge and belief, the matters set forth are true and correct. I state under penalty of perjury on this // day of February 2026, under the laws of Oklahoma that the foregoing is true and correct. RICHARD C. LERBLANCE The foregoing instrument was acknowledged before me on this 11 day of February 2026, by Richard C. Lerblance J. REBECKAH CRAVINES Notary Public, State of Oklahoma Commission # 18001265 My Commission Expires: 02-06-2030 My Commission Expires: 02/06/2030 Notary Public My Commission Number: 18001265 THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PROMISSORY NOTE $55,000.00 McALESTER, OKLAHOMA FOR VALUE RECEIVED, the undersigned ("BORROWER") promises to pay THE DAWN MICHELLE TISTA REVOCABLE TRUST DATED NOVEMBER 16, 2007, 2905 South Quaker Avenue, Tulsa, Oklahoma, or order, the principal sum of Fifty-Five Thousand Eight Hundred Ninety-Five Dollars and 00/100 Cents ($55,895.00) with interest on the unpaid principal balance from the date of this Note until paid, at the rate of Nine (9.0%) percent per annum. Principal and interest shall be payable at 2905 South Quaker Avenue, Tulsa, OK, 74114 or such other places as the Note holder may designate, in Two Hundred Forty consecutive monthly installments of Four Hundred Ninety-Five Dollars ($495.00) on the ___1st____ day of each month beginning September 2023. Such monthly installments shall continue until the entire indebtedness by this Note is fully paid, except that any remaining indebtedness, if not sooner paid, shall be due and payable on September 1, 2028. (BALLOON IN FIVE (5) YEARS). If any monthly installment under this Note is not paid when due and remains unpaid after a date specified by a notice to Borrower, the entire principal amount outstanding and accrued interest thereon shall at once become due and payable at the option of the Note holder. The date specified shall not be less than thirty (30) days from the date such notice is mailed. The Note holder may exercise this option to accelerate during any default by Borrower regardless of any prior forbearance. If suit is brought to collect this Note, the Note holder shall be entitled to collect all reasonable costs and expenses of suit, including, but not limited to, reasonable attorney's fees. Borrower shall pay to the Note holder a late charge of IEN (10%) percent of any monthly installment not received by the Note holder with FIFTEEN (15) days after the installment is due. Borrower may prepay the principal amount outstanding in whole or in part. The Note holder may require that any partial prepayments (i) be made on the date monthly installments are due and (ii) be in the amount of that part of one or more monthly installments which would be applicable to principal. Any partial prepayment shall be applied against the principal amount outstanding and shall not postpone the due date of any subsequent monthly installments or change the amount of such installments unless the Note holder shall otherwise agree in writing. IF PREPAYMENT IS PRIOR TO THREE (3) YEARS FROM ____________________________, THE PREPAYMENT PENALTY IS THREE (3) YEARS OF INTEREST Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors, and endorsers hereof. This Note shall be joint and several obligation of all makers, sureties, guarantors, and endorsers Any notice to Borrower provided for in this Note shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address stated below, or to such other address as Borrower may designate by notice to the Note holder. Any notice to the Note holder shall be given by mailing such notice by certified mail, return receipt requested, to the Note holder at the address stated in the first paragraph of this Note, or at such address as may have been designated by notice to Borrower. The indebtedness evidenced by this Note is secured by a Mortgage, dated this 2nd day of August 2023 KATHLEEN HOWRY MORTGAGE OF REAL ESTATE Know All Men By These Presents: Made this 1st day of August, 2023, between KATHLEEN HOWRY, 354 Church Road McAlester, OK, 74501 party of the first part, and, THE DAWN MICHELLE TESTA REVOCABLE TRUST DATED NOVEMBER 16, 2007, 2905 South Quaker Avenue, Tulsa, Oklahoma, party of the second part. Witnesseth that said party of the first part in consideration of the sum of Fifty-Five Thousand and 00/100 ($55,000.00) Dollars, the receipt of which is hereby acknowledged, does hereby by these presents, grant, bargain, sell and convey unto said party of the Second Part, its heirs and assigns all the following described real estate, situate in Pittsburg County, and State of Oklahoma, to-wit: See Legal Description in attached Exhibit "A" To Have and to Hold the Same, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, and warrant the title to the same. THIS MORTGAGE CAN BE PREPAID WITH PREPAYMENT PENALTY. THIS MORTGAGE CANNOT BE TRANSFERRED OR ASSIGNED WITHOUT THE MORTGAGEE'S CONSENT This conveyance is intended as a mortgage to secure the payment of one promissory note of even date herewith, Fifty-Five Thousand ($55,000.00) Dollars, to be financed for a period of Twenty (20) years with the first payment in the amount of Four Hundred Ninety Five and 00/100 ($495.00) on or before the 1st day of September, 2023 and on the same day of each succeeding month for Two Hundred Forty (240) Months with a final balloon payment due on or before September 1, 2028 in the amount of Forty Eight Thousand Seven Hundred and Eighty Eight Dollars and Eighty Eight Cents ($48,788.88) Made payable to THE DAWN MICHELLE TESTA REVOCABLE DATED NOVEMBER 16, 2007, at the rate of Nine (9.0%) Per Cent with first payment on or before September 1, 2023. Said party of the first part hereby covenants that she is the owner in fee simple of said premises and that it is free and clear of all encumbrances. That she has good right and authority to convey and encumber the same and she warrants and will defend the same again lawful claims of all persons whomsoever. Said party of the first part agrees to insure the said property with party of the second part being the loss payee, and to pay all taxes and assessments lawfully assessed on said premises before delinquent. Said party of the first part further expressly agrees that in case of foreclosure of this mortgage, and as often as any proceedings shall be taken to foreclose the same as herein provided, the mortgagor will pay to the said mortgagee 10% as attorney's fees therefore, in addition to all other statutory fees, said fees to be due and payable upon the filing of the petition for foreclosure and the same shall be a further charge and lien upon said premises described in this mortgage, and the amount thereof shall be recovered in said foreclosure suit and included in any judgment or decree rendered in any action as aforesaid, and collected, and the lien thereof enforced in the same manner as the principal debt hereby secured. Now if said party of the first part shall pay or cause to be paid to said party of the second part, its heirs and assigns said sum of money in the above described note mentioned, according to the terms and tenor of said note and shall make and maintain such insurance and pay such taxes and assessments, then these presents shall be wholly discharged and void, otherwise remain in full force and effect. If such insurance is not effected and maintained, or if all taxes are not paid before delinquent, the mortgagee may effect such insurance or pay such taxes and assessments and shall be allowed interest thereon at the rate of ten per cent. per annum until paid, and this mortgage shall stand as security for all such payments, if said sum or sums of money or any part thereof is not and other due and if such insurance is not effected and maintained, or any taxes or assessments are not paid before claim quota the holder of said note and the mortgagee may elect to declare the whole sum of sums and interest due and payable at once and proceed to collect said debt, including attorney's fees and to foreclose this mortgagee, and shall be entitled to possession. Said party of the first party waives notice of election to declare the whole debt due as above stated and the benefit of stay valuation and appraisement laws. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand the day and year first above written: TREASURER'S ENDORSEMENTS I hereby certify that I received $55.00 and issued receipt #155 therefore in payment of Mortgage Tax on the within Mortgage. This 2nd day of November, 2023 JENNIFER LENOX-HACKLER, Pittsburg Cnty., Treas. By [initials] Deputy KATHLEEN HOWRY STATE OF OKLAHOMA ) COUNTY OF PITTSBURG ) ) SS: ) ACKNOWLEDGMENT This instrument was acknowledged before me on this 15th day of September, 2023, by KATHLEEN HOWRY Given under my hand and seal of office the day and year last above written NOTARY PUBLIC My Commission Number ________ My Commission Expires ________ EXHIBIT "A" Section 31, Township 5 North, Range 7 East A tract of Land in the SW 1/4 NW 1/4 of Sec. 31 T5R7E, more particularly described as follows: Beginning at 65 feet South and 405 feet West of the Northeast Corner of Lot 2 of Section 31 for the True Point of Beginning; Thence West a Distance of 490 feet; Thence North a Distance of 198 feet; Thence East a Distance of 490 feet; Thence South a Distance of 198 feet to the Point of Beginning. And A Roadway Easement beginning 24 feet South of the Northeast Corner of Lot 2 of said Section 31 for the True Point of Beginning; thence West a distance of 469 feet; Thence North a Distance of 29 feet; thence East a Distance of 361 feet; Thence South a Distance of 20 feet to the Point of Beginning. 132023 056995 Book 2662 Pg 571 C6:02/2023 12:51PM Pg 0569-0571 Fee $22.00 Doc SO CO Hope Transterl - Pittsburg County Clerk State of OK

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