Tinker Federal Credit Union v. Joel Caban and Olga Lydia Caban

IN THE DISTRICT COURT OF CANADIAN COUNTY STATE OF OKLAHOMA TINKER FEDERAL CREDIT UNION, a Federally Chartered Credit Union, Plaintiff, v. JOEL CABAN AND OLGA LYDIA CABAN, HUSBAND AND WIFE, and All Occupants, Defendants. FILED DISTRICT COURT CANADIAN COUNTY, OKLAHOMA April 24, 2026 7:50 AM HOLLY EATON, COURT CLERK Case Number CJ-2026-388 CASE NO. CJ-2026- PETITION FIRST CAUSE OF ACTION The Plaintiff, TINKER FEDERAL CREDIT UNION, a Federally Chartered Credit Union (hereinafter referred to as "Plaintiff"), for its First Cause of Action against the Defendants, JOEL CABAN AND OLGA LYDIA CABAN, husband and wife, (hereinafter referred to as "Defendant"), alleges and states as follows: 1. That on or about 10/29/22, the Defendant, JOEL CABAN AND OLGA LYDIA CABAN for good and valuable consideration, made, executed and delivered a certain promissory note in writing of that date whereby said Defendant promised to pay the principal sum of $50,000.00, together with interest thereon at the rate of 10.74% per annum. A true and correct copy of said note with all modifications thereto is incorporated by reference herein, and attached as Exhibit "1" hereto. Plaintiff has always been the holder of said note. Plaintiff has standing and is the real party in interest, was and is holder of the obligation. Said note provided that in the event that said note was placed in the hands of an attorney for collection, the Defendant, as above stated, agreed to pay all reasonable costs for collection, including reasonable attorney’s fees. 2. There has been a default made upon said note, and the conditions thereof broken, in that said Defendant has wholly failed, neglected and refused to make payment thereon according to the terms thereof, or to cure such default. By reason of such default, Plaintiff has elected to declare the entire indebtedness, both principal and interest, due and payable under the terms of said note and mortgage, given as security therefor, and there is presently due to Plaintiff after allowing all just credits on said note and mortgage the following sums, to-wit: Total Unpaid Principal and Interest of Mortgage Debt $47,675.90 together with interest after 4/10/2026, on the principal balance of $45,365.88, at the rate of 10.74 percent per annum until paid, together with an attorney’s fee, as provided in said mortgage note. 3. Further, Plaintiff has or will incur the aforesaid additional expense in having Abstract of Title to the mortgaged premises herein described extended to date, plus advances for taxes and insurance during the pendency hereof, security preservation expenses during the pendency hereof, and, by the terms of said note and mortgage given as security therefor, is entitled to a judgment for such expenses. WHEREFORE, Plaintiff prays that it have judgment against the Defendant, JOEL CABAN AND OLGA LYDIA CABAN, in the sum of $47,675.90 together with interest after 4/10/2026, on the principal balance of $45,365.88, at the rate of 10.74 percent per annum until paid, together with an attorney’s fee, accruing to judgment, and thereafter at the said interest rate, until paid, together with abstracting and other expenses incurred during the pendency hereof, security preservation costs, all costs of this action, and all other proper relief. SECOND CAUSE OF ACTION The Plaintiff, for its Second Cause of Action against the Defendants, JOEL CABAN AND OLGA LYDIA CABAN, husband and wife, and All Occupants, as stated in the caption, and each of them, alleges and incorporates all allegations contained in any previous cause of action and in addition thereto alleges and states as follows: 1. As a part of the lending transaction, and to secure the payment of said promissory note as set forth in the First Cause of Action, the Defendant, JOEL CABAN AND OLGA LYDIA CABAN, husband and wife (hereinafter referred to as “Defendant”), executed, acknowledged and delivered a Real Estate Mortgage incorporated herein by reference, 10/29/22 and recorded in the records Book 5598 Page 213 of Canadian County (Mortgage Tax Prepaid), which is now in favor of the Plaintiff, thereby granting and mortgaging to Plaintiff, its successors and assigns, all right, title, interest and estate in and to the following described real property, situated in Tulsa County, State of Oklahoma, to-wit: Lot Ten (10), Block Seventeen (17), BROOKSTONE RIDGE PHASE 3, an Addition to the City of Oklahoma City, Canadian County, Oklahoma, according to the recorded plat thereof. which has the address of 3508 Furrow Drive, Yukon, Oklahoma 73099 (herein "Property Address"); 2. That said mortgage provides if any default occurred under the promissory note for which it was security, the holder thereof is entitled to foreclose said mortgage. Plaintiff is entitled to a decree of foreclosure of its mortgage upon the above described real property and to have such premises sold to satisfy the above stated debt. 3. The Plaintiff as mortgagee will elect to have said property sold with or without appraisement at the time judgment is rendered. 4. The parties, and each of them as above named in the caption, and any occupants thereto claim some right, title, lien, estate, encumbrance, claim, assessment or interest in and to the real property involved herein, adverse to Plaintiff, which constitutes a cloud upon the title of Plaintiff, and said parties have no right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or equity, in and to the real property involved herein, and such claim may be set forth more specifically below. Further the Plaintiff has or will file a judgment lien in case CJ-2025-7226 of Oklahoma County and requests the court set up this lien in proper priority. 5. In this regard, however, Plaintiff asserts that whatever right, title, lien, estate, encumbrance, claim, assessment or interest may be claimed by any party hereto, as stated herein, such claims, titles or interests in and to the premises herein being foreclosed are junior and inferior and subject to Plaintiff's mortgage lien, and the said parties, as above stated, should be required to set forth their rights or claims upon said real property as above described, if any, or they should be forever barred and foreclosed from asserting any right, title, claim, lien, estate, encumbrance, assessment, or interest in and to the same. 6. Plaintiff has complied with all of the terms, conditions and provisions of said note and mortgage. 7. Plaintiff reserves the right to supplement this Petition upon discovering other parties, if any, that may claim an interest in the above real property. WHEREFORE, Plaintiff prays that it have judgment of foreclosure of its mortgage lien against all Defendants and to have said mortgage declared a valid, prior and superior lien upon the real property and improvements thereon, as hereinabove described, for and in the amounts above set forth, and ordering said real property and premises sold with or without appraisement as it may elect at judgment, as provided in said mortgage and by law, subject to unpaid ad valorem taxes and tax sales, if any, to satisfy said indebtedness secured thereby, and forever barring all parties, or any of them, if applicable, from any right, title, equity, lien, estate, encumbrance, claim, assessment or interest in or to said real estate therein described adverse to the title of the purchaser at said sale, and for such other and further different relief as it may be entitled to in equity and good conscience. THIRD CAUSE OF ACTION The Plaintiff for its Third Cause of Action against the Defendant JOEL CABAN, alleges and states as follows: 1. That the Defendant is the owner of Account number 9949115 S0002 ("Account") at TINKER FEDERAL CREDIT UNION, a Federally Chartered Credit Union. 2. That on or about December 2025, the Defendant withdrew funds from the Account thereby causing an overdraft to occur and creating a negative balance on the Account in the sum of $687.96. 3. That despite notice and demand by Plaintiff to the Defendant to reimburse Plaintiff for the negative balance, Defendant has failed, neglected and refused to reimburse Plaintiff and the negative balance remains unpaid and outstanding. 4. That Defendant is liable to Plaintiff for the full amount of the overdraft pursuant to the contract between Plaintiff and the Defendant. 5. Pursuant to 40 O.S. §4-508(D), Plaintiff requests Judgment be entered that at any time or times subsequent to the filing of the Judgment requested to be rendered herein, the Oklahoma Employment Security Commission shall produce, within thirty (30) days of receipt of the Judgment requested to be rendered herein, employment information of the Defendants. WHEREFORE, Plaintiff prays for judgment on its First Cause of Action against the Defendant, JOEL CABAN, in the amount of $687.96, together with interest at the statutory rate from the date judgment is rendered, until paid, at the Oklahoma statutory rate per annum, court costs and a reasonable attorney’s fee. FOURTH CAUSE OF ACTION The Plaintiff for its Fourth Cause of Action against the Defendant JOEL CABAN AND OLGA LYDIA CABAN, husband and wife alleges and states as follows: 1. That on 6/15/18, the Defendant, JOEL CABAN AND OLGA LYDIA CABAN, husband and wife, obtained a credit card from Plaintiff, whereby the Defendants promised to pay sums advanced, together with interest. The credit card is incorporated by reference herein. Plaintiff is the holder of the card obligation. The credit card agreement provides that in the event that it is placed in the hands of an attorney for collection, the Defendant agrees to pay all costs for collection, including reasonable attorney’s fees. 2. The Defendant is in default under the terms of the credit card and Plaintiff has accelerated the payment. There is now due to the Plaintiff from the Defendant the sum of $3,778.49 together with interest on the balance, until paid, together with the reasonable attorney’s fees and costs as provided in the note. WHEREFORE, Plaintiff prays that it recover judgment on its First Cause of Action against the Defendants, JOEL CABAN AND OLGA LYDIA CABAN, in the amount of $3,778.49 together with interest on the balance, until paid, together with reasonable attorney’s fees and costs as provided in the note. Respectfully submitted, Hall & Ludlam, P.L.L.C. 210 Park Avenue, Suite 3001 Oklahoma City, Oklahoma 73102 Phone: (405) 600-9500 Fax: (405) 871-5403 Email: [email protected] ______________________________ BART A. BOREN O.B.A. NO. 970 ATTORNEYS FOR PLAINTIFF ATTORNEY’S LIEN CLAIMED This is an attempt to collect a debt. Any information obtained will be used for that purpose. This communication is from a debt collector. NOTE October 29, 2022 [Yukon] [Date] [City] 3508 Furrow Drive, Yukon, OK 73099 [Property Address] Oklahoma [State] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $50,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Tinker Federal Credit Union. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay Interest at a yearly rate of 10.740%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 4(B) of this Note. 3. PAYMENTS I will pay principal and interest by making payments each month of U.S. $560.16. I will make my payments on the 1st day of each month beginning on January 1, 2023. I will make these payments every month until I have paid all of the principal and interest and any other charges, described below, that I may owe under this Note. Each monthly payment will be applied to interest before Principal. If, on December 01, 2037, I still owe amounts under this Note, I will pay all those amounts, in full, on that date, which is called the "Maturity Date." I will make my monthly payments at Tinker Federal Credit Union, PO Box 45750, Tinker AFB, OK 73145 or at a different place if required by the Note Holder. 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 10 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the late charge will be 5.000% of my overdue payment. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice from Note Holder If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or, if it is not mailed, 30 days after the date on which it is delivered to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 5. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgage, dated October 29, 2022, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Mortgage describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. Some of those conditions are described as follows: Anno 1580 [?][?] c[?] ho [?]i[?] If all or any part of the Property or any Interest in It is sold or transferred (or if a beneficial Interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment, unless the Note Holder agrees in writing to those changes. 7. BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain things. Those things are; (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as a "protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under this Note, or who signs this Note to transfer it to someone else also waives these rights. These persons are known as "guarantors, sureties and endorsers." 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail addressed to me at the Property Address above. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. Any person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surely, or endorser of this Note (as described in Section 7 above) is also obligated to keep all of the promises made in this Note. NOTICE TO BORROWER Do not sign this Note if it contains blank spaces. All spaces should be completed before you sign. Loan #: 45996 WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Borrower Joel Caban (Seal) Borrower Olga Lydia Caban (Seal) (Sign Original Only) Origination Company: Tinker Federal Credit Union NMLSR ID: 490973 Originator: Amber M King NMLSR ID: 2162723