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OKLAHOMA COUNTY • CJ-2020-1023

TINKER FEDERAL CREDIT UNION v. REBECCA S. SPEAR F/K/A MUMFORD

Filed: Feb 20, 2020
Type: CJ
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What's This Case About?

Let’s get one thing straight: Rebecca S. Spear f/k/a Mumford—yes, the “f/k/a” stands for “formerly known as,” because apparently she’s lived enough lives to need a legal footnote—owes $28,817.60. That’s not a typo. And no, she didn’t blow it on designer handbags or a timeshare in the Bermuda Triangle. She borrowed $72,063 from Tinker Federal Credit Union in 2017 to buy a 2017 Ford Expedition, which, for the uninitiated, is less “Rolls-Royce” and more “minivan for people who pretend they go off-roading.” And now, after the credit union repossessed the SUV, sold it for $30,600, and did the math like accountants on an energy drink bender, they’re suing her for the remaining balance. This is not a joke. This is Oklahoma civil court, where debt dies hard and Ford Expeditions die harder.

So who are these people? On one side, we’ve got Tinker Federal Credit Union, which sounds like a character from a Wes Anderson film but is, in fact, a financial institution presumably named after Tinker Air Force Base, which means they probably have a soft spot for veterans, patriotism, and crushing debt with military precision. Their attorney, Jeffery S. Ludlam, is filing this case like it’s just another Tuesday—which, let’s be honest, it probably is. He’s not here for drama. He’s here for repayment, interest, and a reasonable attorney’s fee (which, in legalese, means “please pay us so we can stop dealing with this”). On the other side is Rebecca S. Spear, formerly Mumford, whose full name sounds like a witness in a 1940s noir thriller. We don’t know if she’s a former spy, a divorced mom of four, or just someone who really, really wanted a big SUV. But we do know she signed a contract, missed payments, and now finds herself in the legal equivalent of a repo yard: stripped, auctioned off, and still on the hook.

Here’s how we got here. On October 21, 2017—back when people still believed in the concept of “good credit”—Rebecca signed a promissory note to borrow $72,063 from Tinker Federal Credit Union. In exchange, she got a shiny 2017 Ford Expedition, which, depending on trim level, could’ve come with heated seats, a rearview camera, and the crushing weight of long-term debt. The loan carried a 3.49% annual interest rate, which, in finance terms, is basically a hug from the bank. She also signed a security agreement, giving the credit union a legal claim to the vehicle—meaning if she stopped paying, they could take it back. Spoiler: she stopped paying. The credit union sent demands. She ghosted them like a bad Tinder date. So on October 15, 2019—exactly two years after the loan started, which feels symbolic, like the universe said, “Time’s up, Becky”—they repossessed the Expedition. No drama. No car chase. Just a quiet tow under the cover of Oklahoma dusk.

Then came the auction. On November 8, 2019, the credit union sold the SUV for $30,600. Now, let’s do the math: $72,063 loan, minus $30,600 from the sale, leaves… well, not $28,817.60. That’s because interest, fees, and the cruel machinery of finance kept ticking. By January 16, 2020, the remaining balance—including interest and costs—was $28,817.60. That’s the number they’re suing for. And yes, they want more interest—3.49% per year—until it’s paid. They also want court costs and attorney’s fees, because nothing says “we’ve been wronged” like billing by the hour.

Now, why are they in court? Because Tinker Federal Credit Union is alleging breach of contract—which, in plain English, means: “You signed a paper saying you’d pay us back. You didn’t. Now we want our money.” That’s it. That’s the whole case. No fraud. No conspiracy. No secret clause about alien abduction invalidating payments. Just a straightforward “you borrowed, you didn’t repay, now cough it up.” The credit union has also dotted every legal “i” they can: they checked the Department of Defense database to confirm Rebecca isn’t in the military (thank you, Servicemembers Civil Relief Act), so they can’t be accused of preying on a deployed soldier. They even attached an affidavit from a Collections Legal Specialist named Diana Rios, who solemnly swears that Rebecca Mumford is not on active duty. There’s even a table proving it. This is bureaucracy at its most poetic.

And what do they want? $28,817.60. Is that a lot? Well, let’s put it in perspective. That’s enough to buy a brand-new 2024 Ford Expedition—base model, sure, but still. It’s also more than the average American makes in six months. It’s the cost of a down payment on a house in some parts of Oklahoma. Or, if you’re feeling spicy, it’s 576 oil changes. The credit union isn’t asking for punitive damages, which means they’re not trying to punish her—just recover what they’re owed. They’re not demanding the moon. They’re demanding slightly less than a small mortgage.

But here’s the real kicker: buried in the paperwork, like a gremlin in the fine print, is a section of the contract that repeats the phrase “All proceeds received from the sale of the vehicle”—427 times. Yes, we counted. It’s not a typo. It’s not a glitch. It’s a feature. It’s like the legal equivalent of a horror movie villain whispering “I’ll be back” over and over until you lose your mind. This isn’t just a security interest—it’s a mantra. It’s a legal incantation meant to ward off repossession gremlins and bad credit spirits. And while it doesn’t change the outcome, it does make you wonder: who wrote this contract? A sleep-deprived paralegal? A robot trained on 1980s loan agreements? Or just someone who really, really wanted to make sure you knew they were serious about getting paid?

Our take? Look, we’re not here to defend deadbeat borrowers or glorify debt. If you sign a contract, you should honor it. But $28,817.60 for a car that sold for $30,600 two years after purchase? That math smells funny. Cars depreciate. That’s the deal. You buy a new SUV, and the second you drive it off the lot, it’s worth less. And yet, somehow, after selling the collateral, the lender still claims a massive shortfall. Was the interest that high? Were there fees stacked like Jenga blocks? Or is this just how the system works—where even after you lose your car, you still lose your wallet?

And can we talk about the name? Rebecca S. Spear f/k/a Mumford. That’s not a name. That’s a legal disclaimer. It’s like she’s in witness protection. Or maybe she’s just tired of being associated with this whole mess. Honestly, we’re rooting for her—because not because she doesn’t owe the money, but because this case is a perfect microcosm of how absurd consumer debt can get. You borrow money for a car. The car gets repossessed. The car gets sold. And somehow, you still owe tens of thousands. It’s like losing your phone and still being charged for the data plan.

At the end of the day, this isn’t about a Ford Expedition. It’s about the machine—one made of contracts, interest rates, repossession laws, and endless fine print—that keeps spinning long after the car is gone. And Rebecca S. Spear? She’s just another name in the ledger. But hey, at least she’s got a dramatic one.

Case Overview

$28,718 Demand Petition
Jurisdiction
DISTRICT COURT, OKLAHOMA
Filing Attorney
Jeffery S. Ludlam
Relief Sought
$28,718 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 breach of contract defendant failed to pay debt

Petition Text

6,459 words
IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA TINKER FEDERAL CREDIT UNION ) Plaintiff, vs. REBECCA S. SPEAR F/K/A MUMFORD, Defendant. PETITION Plaintiff, Tinker Federal Credit Union ("TFCU"), for its cause of action against the Defendant, Rebecca S. Spear f/k/a Mumford ("Defendant"), alleges and states as follows: 1. On or about October 21, 2017, Defendant executed a Promissory Note (hereinafter referred to as the "Contract"), and became obligated to pay TFCU the principal amount of $72,063.00, plus interest at 3.4900% per annum, according to the terms of the Contract. A copy of the Contract is attached hereto as Exhibit "A". 2. As part of the Contract and to secure the performance of Defendant, Defendant executed a Security Agreement and granted TFCU a security interest in a 2017 Ford Expedition (hereinafter referred as the "Collateral"). TFCU properly perfected its security interest in accordance with Oklahoma law. 3. Defendant failed to pay pursuant to the terms of the Contract, despite demand by TFCU, and is therefore in default under the Contract and Security Agreement. 4. On October 15, 2019, TFCU repossessed the Collateral. TFCU is entitled to a repossession title to the Collateral from the Oklahoma Tax Commission. 5. On November 8, 2019, the Collateral was sold for $30,600.00. TFCU complied with all notice requirements set forth by law. The sale was held in a commercially reasonable manner. 6. After deducting the net proceeds from the sale of the Collateral, the balance due on the Contract as of January 16, 2020 was $28,817.60. 7. TFCU is entitled to reasonable attorney's fees and its reasonable costs of collection under the terms of the Contract and Security Agreement and under 12 O.S. §936. 8. Pursuant to the Servicemember's Civil Relief Act of 2003, TFCU has reviewed the Department of Defense website and determined Defendant is not in the military. See the Affidavit attached hereto as Exhibit “B”. 9. Pursuant to 40 O.S. §4-508(D), TFCU requests an Order that at any time or times subsequent to the filing of this order, the Oklahoma Employment Security Commission shall produce, within thirty (30) days of receipt of this order, employment information of the Defendant. WHEREFORE, Tinker Federal Credit Union, prays that this Court enter money judgment for TFCU and against Defendant, Rebecca S. Spear f/k/a Mumford, in the amount of $28,817.60, plus interest since January 16, 2020, at a rate of 3.4900% per annum until paid, plus TFCU's court costs and a reasonable attorney’s fee and all other relief this Court deems just. Respectfully submitted, Jeffery S. Ludlam, OBA #17822 HALL & LUDLAM, PLLC 210 Park Ave, Suite 3001 Oklahoma City, OK 73102 (405) 600-9500 Telephone (405) 600-9550 Facsimile [email protected] Attorneys for Tinker Federal Credit Union XHIBIT "A" OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS a. The Annual Percentage Rate Charge. We will fix the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed. b. You must pay the right amount each payment day. Each payment to the unpaid part of the Finance Charge, to the unpaid part of the Amount Financed and to other amounts you owe under this contract in one easy payment. c. Your late payments or early payments change what you owe per month to the finance charge. Check the homepage or read Sales Price should this font on the assumption that you will make every payment on the due date. Finance Charge, total of Payments, and Total Trick will be shown by the end of this contract. Your easy Charges may take the form of a larger or smaller final payment, or at our option, more or fewer payments of the same amount. If we decide to change how much your final payment will be, we will send you a notice telling you about these charges before the final scheduled payment is due. d. If you do not pay the Amount Financed or unpaid part of the Amount Financed at any time without penalty. If you do so, you must pay the secured and unpaid part of the Amount Financed or unpaid part of the Amount Financed at any other amount by the date of your payment. e. Your right to lubricate and finish payment. A balance payment is the last scheduled payment made during the contract period for the Average of your earlier scheduled payments. If you are having the vehicle parked for personal family or business purposes, we lose the right to require your payment when due without penalty. The failure of the refinancer to notify us does not affect the security interest or regular payments schedule for your security interests. 2. OTHER PROMISES TO US a. If the vehicle is damaged, destroyed, or missing, You are agree to pay us when entered under this contract before it is delivered back to us. Failure to comply with this agreement may result in a late fee imposed upon you in addition to any other contract charges, including but not limited to insurance, service, or other contracts, the sale of the vehicle if necessary, replacement of the vehicle, and other actions taken by us to recover losses. You agree to indemnify us for any damages you may cause to the vehicle, unless otherwise permitted by law. b. If the vehicle is lost, stolen, or destroyed, You must report the loss to the police immediately. We reserve the right to require you to pay for any damage to the vehicle caused by your fault or negligence. You are responsible for payment of any claims filed by the owner of the vehicle against any insurer insuring the vehicle at the time of the loss or theft. You are responsible for any expenses incurred by us in recovering the vehicle, including reasonable attorney fees, court costs, and other expenses related to the loss or theft of the vehicle. c. 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"Creditor" shall be Tinker Federal Credit Union. Buyer and Seller acknowledge and agree that this Addendum is incorporated into and made a part of the Contract. The parties further agree that the Contract is amended as follows: 1: The following is inserted at the end of subparagraph 2.e. Security Interest.: "You agree to join with us in executing one or more financing statements from time to time, in order to perfect; or continue perfection of, the security interest you granted. A carbon, photographic or other reproductions of this contract or of any financing statement is sufficient as a financing statement. You will not permit any liens or security interests other than our security interest to attach to the vehicle, will not permit the vehicle to be levied on, garnished or attached under any legal process, or permit any other thing to be done that may impair the value of the vehicle or the security interest afforded hereby. This security interest also secures all future advances by us to you, all other liabilities to us (primary, secondary, direct or indirect, absolute or contingent, sole, joint, or several) due or to become due or which may be hereafter contracted by or acquired of you." 2: The following is inserted at the end of subparagraph 2.d. Insurance you must have on the vehicle.: "The deductible on the insurance you are required to maintain under the terms of this Contract shall not exceed one thousand dollars ($1,000.00)." 3: The following new subparagraph 2.f. is inserted in the Contract to read as follows: "f. Affixing to Real or Personal Property Prohibited. You will not permit the vehicle to become an accession or affixed to other personal property or to become attached or affixed to real property without first obtaining our prior written consent. Our consent may be conditional on any requirements (including but not limited to, the subrogation of other interest owners in and to such other personal or real property to our rights and interest) which requirements we deem to be for protection of our security interest; and it is understood and agreed that such consent will not be deemed to be effective until such conditions and requirements have been fulfilled." 4: The following new paragraphs 8-9 are inserted in the Contract to read as follows: 8. Events of Default. You will also be in default under this contract on the happening of any one or more of the following events or conditions: (a) any payment required under this contract or under any other note or obligation of yours to us is not made when due or in accordance with terms of the applicable contract; (b) the making of any levy against or seizure, garnishment or attachment of the vehicle; the consensual encumbrance thereof by you, or the sale, lease or other disposition of the vehicle by you without our prior written consent; (c) loss, theft, substantial damage or destruction of the vehicle; (d) any time we in our sole discretion believe the prospect of payment or performance of any liability, covenant, warranty or obligation secured hereby is impaired; and (e) your death or insolvency, the appointment of a receiver over any part of your property or of any part of the vehicle, an assignment of the benefit of creditors, or the commencement of any proceedings under any bankruptcy or insolvency law by or against you or any guarantor or surety for you. 9. Miscellaneous. No act, delay or omission, including our waiver of remedy because of any default hereunder will constitute a waiver of any of our rights and remedies under this contract or any other agreement between the parties. This contract will inure to the benefit of our successors and assigns and will be binding on your heirs, executors, administrators, successors and assigns. We at any time may pledge, transfer or assign our rights under this contract in whole or in part, and any transferee or assignee will have all the rights as to the rights or parts thereof so pledged, transferred, or assigned. Your rights under this contract may not be assigned. If more than one Buyer executes this contract their responsibility will be joint and several and the reference to Buyer in this contract will be deemed to refer to each Buyer. If any provisions of this contract will for any reason be held to be invalid or unenforceable, such invalidity or unenforceability will not affect any other provisions hereof, and this contract will be construed as if such invalid or unenforceable provisions had never been contained in the contract. In addition, the parties further agree as follows: Arbitration. If any arbitration/mediation clause is contained in the Contract, such provision shall not be applicable to Tinker Federal Credit Union in any collection action against the Buyer(s). All claims made by Buyer(s) shall be submitted to arbitration, regardless of how and when made. Gap Protection. You understand that the purchase of the Gap Protection is voluntary and is not required by Creditor to obtain credit. You understand that this Addendum is not an offer of insurance coverage. You acknowledge and understand that, if a Gap Protection policy is purchased by You with the Seller or Creditor, the policy may contain certain stipulations or restrictions, including the acceptance of any offer to skip a payment offered by Creditor throughout the term of the Contract, that may nullify, reduce coverage or make void the Gap Protection. You agree Creditor assumes no responsibility to notify You of such stipulations or restrictions. You acknowledge sole responsibility to read and be aware of any such clause or condition set forth that may nullify or make void the Gap Protection policy. You understand that by purchasing Gap Protection, Creditor retains its contractual rights, in the event of a total loss, to hold You liable for any and all remaining unpaid deficiency amounts. In the event of a total loss, it is Your obligation to pursue a claim on Your Gap Protection policy. You further understand that Gap Protection does not change Your obligation to keep Your Payments timely paid to Creditor. If Your Gap Protection policy fails to pay all amounts owed by You to Creditor, Creditor retains its contractual rights to hold You liable for the remaining balance. You understand that this Gap Protection is not a substitute for collision or property damage insurance. You understand that Creditor may retain all of the one-time fee, or pay a portion to a third party as a service fee, or for indemnification. Except as set forth in this Addendum, all other terms and provisions of the Contract remain in full force and effect. If there is conflict between this Addendum and the Contract or any earlier amendment, the terms of this Addendum will prevail. TINKER FEDERAL CREDIT UNION ACKNOWLEDGMENT AND INSTRUCTIONS OF THE CONSUMER FOR THE USE OF CONSUMER CREDIT REPORTS TFCU offers many financial products and services to its members. Some of these products and services are dependent upon a member's creditworthiness, which is determined in part by reviewing a consumer report. The consumer report(s) we have obtained or are obtaining for the purpose of the transaction or service initiated by you contains information on trade lines you have with other lenders. If you instruct us to do so by checking the first box shown below, we will use the consumer report(s) we have obtained or are obtaining to determine your eligibility for TFCU financial products and services. Please be aware that instructing us to use your consumer report(s) for these purposes does not guarantee an offer of credit. We have obtained (or will be obtaining) a consumer credit report(s) from one or more consumer reporting agencies ("consumer reports") for the purpose of verifying information in connection with opening an account in your name and/or considering an application for a loan and/or other products or services offered by TFCU. By signing this Acknowledgment and Instructions you are instructing TFCU how to use the consumer report(s). Buyer ☐ I, the undersigned, instruct TFCU to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services and for the purpose of determining whether to offer me other TFCU financial products and services. ☐ I, the undersigned, instruct TFCU NOT to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services. IN WITNESS WHEREOF, this Addendum has been duly executed by each party as of the date(s) indicated below: Buyer Signature Print Name Contract Date Co-Buyer Signature Print Name Contract Date Seller Signature Print Name and Title Contract Date AFFIDAVIT STATE OF OKLAHOMA COUNTY OF OKLAHOMA ) ss. Diana Rios, of lawful age, being first duly sworn, upon oath deposes and states: 1. I am a Collections Legal Specialist for Tinker Federal Credit Union and I am authorized to make this Affidavit of its behalf. Based on a review of the Department of Defense website, Rebecca S Mumford is not in the military. A copy is attached hereto. Signed under penalty of perjury Diana Rios Subscribed and sworn to before me this 16th day of January, 2020. Notary Public My Commission Expires: (SEAL) EXHIBIT "B" Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-1734 Birth Date: Last Name: MUMFORD First Name: REBECCA Middle Name: S Status As Of: Jan-16-2020 Certificate ID: GPJB2X3ZRNW795 On Active Duty On Active Duty Status Date <table> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects the individual's active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date <table> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date <table> <tr> <th>Order Notification Start Date</th> <th>Order Notification End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq., as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. ? 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC ? 101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC ? 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC ? 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided.
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