IN THE DISTRICT COURT IN AND FOR TULSA COUNTY
STATE OF OKLAHOMA
BRUNSWICK PLACE HOMEOWNERS ASSOCIATION, INC., an Oklahoma non-profit corporation,
Plaintiff,
vs.
LINDA ADAMS, an individual,
NATIONSTAR MORTGAGE, LLC, a limited liability company, and HOUSING PARTNERS OF TULSA, INC., an Oklahoma non-profit corporation,
Defendants.
VERIFIED PETITION FOR FORECLOSURE OF HOMEOWNERS ASSOCIATION LIENS AND FOR MONEY JUDGMENT AGAINST DEFENDANT
The Plaintiff, BRUNSWICK PLACE HOMEOWNERS ASSOCIATION, INC., an Oklahoma non-profit corporation—by and through its attorneys of record, Andrew A. Shank and William C. Searcy, of Eller & Detrich, P.C.—hereby pleads its Verified Petition for Foreclosure of the Homeowners Association Liens and for Money Judgment against Defendant, LINDA ADAMS. In support, Plaintiff further alleges and states as follows:
JURISDICTION AND VENUE
1. Plaintiff, Brunswick Place Homeowners Association, Inc. ("Plaintiff" or "BPHA") is an Oklahoma non-profit corporation with its principal place of business at 1037 East 57th Place, Unit 3, Attn: Diana Robey, Secretary of BPHA, Tulsa, OK 74105.
2. BPHA did timely file its Declaration of Unit Ownership For BRUNSWICK PLACE ("Brunswick Place") in the Office of the County Clerk of Tulsa County, Oklahoma, on August 9, 1983, in Book 4717, at Page 778, as the same may have been corrected and amended of record from time to time thereafter, the same being hereby incorporated by reference and
made a part hereof as if fully set forth (the "Governing Documents").
3. Defendant, Linda Adams, is the record owner of the real property that is the subject matter of this litigation, the same being legally described as follows:
BUILDING 8, UNIT NINE (9), AND 5.55556 INT IN COMMON ELEMENTS IN BRUNSWICK PLACE BEING PART OF LOTS ONE (1), AND TWO (2), AND PART VAC 57 PLACE BEG SECR LOT TWO (2), THEN 2115, SOUTH 25 EAST 115 NORTH 25, BLOCK ONE (1), RIVERSIDE SOUTH COMPLEX, TULSA COUNTY, OKLAHOMA.
POSTAL ADDRESS: 1035 E 57 PL S, Unit 9, Tulsa, OK 74105
(the “Property”).
4. The Court has jurisdiction over the parties and the subject matter of this action, and venue is proper in Tulsa County pursuant to 12 O.S. § 139 because the facts of this case occurred in Tulsa County, and the parties reside in Tulsa County.
JUDGMENT IN REM AGAINST DEFENDANT AND FORECLOSURE OF HOA LIENS PURSUANT TO TITLE 60 O.S. §852(C), 60 O.S. § 524(b), AND THE GOVERNING DOCUMENTS
5. Plaintiff incorporates the allegations set forth in Paragraphs 1-4, supra, as if set out in full.
6. Pursuant to 60 O.S. §852(C), 60 O.S. § 524(b), and the terms of the Governing Documents, Defendant has become indebted to BPHA for assessments, both regular and special, for common expenses incurred by BPHA in the maintenance, repairs and improvements made to the Property and to the common areas of Brunswick Place. Defendant has continually failed and refused to pay the owner's assessments and other charges levied against the Property as the same have come due.
7. On August 19, 2025—pursuant to Title 60 O.S. §852(C) and the Governing Documents—BPHA filed its NOTICE AND CLAIM OF LIEN against the Property for past-due
assessments chargeable against Defendant, said lien being recorded in the office of the County Clerk for Tulsa, Document Number 2025073885, evidencing a balance owed by Defendant of **$7,857.00**, as of *July 31, 2025*, exclusive of attorney fees and interest ("Assessment Lien"); a copy of the Assessment Lien is attached hereto as **Exhibit A** and made a part hereof by reference.
8. Pursuant to 60 O.S. § 524(b), and the Governing Documents, BPHA hereby seeks foreclosure of its Assessment Lien on the Property referenced above, together with the *additional lien* created by the assessments, both regular and special, that have become due and owing on the Property *since July 31, 2025*, including those which may become past-due during the pendency of this action ("Additional Lien").
9. Pursuant to 60 O.S. § 524(c), "[u]pon sale or conveyance of a unit encumbered by an assessment lien, *such lien shall be paid first, out of the sale proceeds or by the grantee...*." (Emphasis added).
10. Accordingly, Plaintiff has performed all conditions precedent to the filing of this Petition for Foreclosure of its Homeowners Association Liens, and is entitled to a judgment *in rem* against Defendant, as well as to the foreclosure of the Assessment Lien and Additional Lien, which are both superior to, and prioritized above, any liens currently encumbering the Property, except as specifically set forth herein.
PROSECUTION OF *IN PERSONAM* JUDGMENT AGAINST DEFENDANT FOR LIEN AMOUNT(S) PLUS FEES, COSTS AND INTEREST
11. Plaintiff incorporates the allegations set forth in Paragraphs 1-10, *supra*, as if set out in full.
12. Pursuant to Title 60 O.S. §852(C), 60 O.S. § 524(b), and the Governing Documents, BPHA seeks an *in personam* money judgment against Defendant Linda Adams for
an amount equal to the total of: a.) its July 31, 2025, Assessment Lien; b.) the Additional Lien created by regular and special assessments accrued and past-due on the Property since July 31, 2025, through the disposition of this action; and c.) interest, attorney fees, and legal costs incurred by BPHA during the prosecution of this action.
FORECLOSURE OF SMALL CLAIMS LIEN AGAINST PROPERTY
13. Plaintiff incorporates the allegations set forth in Paragraphs 1-12, supra, as if set out in full.
14. On February 15, 2022—in the case styled Brunswick Place Homeowners Association, Inv. v. Linda Adams, Tulsa County District Court Case No. SC-2022-1133—BPHA was awarded a money judgment against Linda Adams for unpaid regular and special assessments accrued and past-due on the Property (up to the date of filing) which totaled $1,085.00 ("HOA Assessments") plus attorney fees of $108.50 and costs of $127.00, for a total judgment amount of $1,320.50; a copy of said Judgment is attached hereto as Exhibit B and made a part hereof by reference.
15. On February 22, 2022, BPHA filed with the Clerk of Tulsa County a STATEMENT OF JUDGMENT on the Property for the HOA Assessments totaling $1,085.00 ("Small Claims Lien"); a copy of the Small Claims Lien is attached hereto as Exhibit C and made a part hereof by reference.
16. Accordingly, Pursuant to Title 60 O.S. §852(C), 60 O.S. § 524(b), and the Governing Documents, Plaintiff is entitled to foreclose its Small Claims Lien, which is superior to, and prioritized above, any liens currently encumbering the Property, except as specifically set forth herein, together with the above-referenced attorney fees and costs associated therewith.
DEFENDANTS NATIONSTAR MORTGAGE LLC & HOUSING PARTNERS OF TULSA, INC.
17. Plaintiff incorporates the allegations set forth in Paragraphs 1-16, supra, as if set out in full.
18. With respect to the additional Defendants, Plaintiff alleges as follows:
a. Additional Defendant, NATIONSTAR MORTGAGE LLC, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of a mortgage recorded at the Tulsa County Clerk’s Office on September 11, 2003, at Book 7127, Page 1759 (the “Nationstar Mortgage”).
b. Additional Defendant, HOUSING PARTNERS OF TULSA, INC., may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Property, by virtue of a mortgage recorded at the Tulsa County Clerk’s Office on September 18, 2003, at Book 7133, Page 2607 (the “Housing Partners Mortgage”).
c. Plaintiff further asserts that, upon information and belief, the claims of the additional Defendants are superior to the Assessment Lien, Additional Lien, and Small Claims Lien (together, the “Combined Liens”) and must be foreclosed in connection with Plaintiff’s pursuit of remedies pursuant to this Petition. Accordingly, Plaintiff requests that each and every Defendant claiming an interest in the Property be required to establish the claimed right herein or be barred forever from further asserting such a claim.
COLLECTION OF A DEBT
18. THIS IS AN ATTEMPT COLLECT 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, unless the person or entity responsible for the payment of the above debt, within thirty (30) days after service of this pleading, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be 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.
PRAYER FOR RELIEF
WHEREFORE, premises considered, Plaintiff, BRUNSWICK PLACE HOMEOWNERS ASSOCIATION, INC. respectfully prays for the following relief:
a. For judgment in rem of and from Defendant, Linda Adams, adjudging the liens of Plaintiff asserted herein to be a valid and subsisting lien against the Property in the amounts prayed for hereunder;
b. For foreclosure—pursuant to 60 O.S. §852(C), 60 O.S. § 524(b), 60 O.S. § 524(c), and the Governing Documents—of Plaintiff's i.) Assessment Lien on the Property; ii.) Additional Lien on the Property; and iii.) Small Claims Lien on the Property, for a total liened amount to be determined, with each of the Combined Liens being superior to, and prioritized above, any liens or claims currently encumbering the Property, save and except the Nationstar Mortgage and the Housing Partners Mortgage;
c. For a [money] judgment in personam—pursuant to Title 60 O.S. §852(C), 60 O.S. § 524(b), and the Governing Documents—against Defendant, Linda Adams, in an amount consisting of: i.) the total Combined Liens; ii.) attorney fees and costs
awarded Plaintiff in the case Brunswick Place Homeowners Association, Inv. v. Linda Adams, Tulsa County District Court Case No. SC-2022-1133; and iii.) all other interest, attorney fees, and legal costs incurred by BPHA during the prosecution of this action, until said judgment is paid in full;
d. For an Order that the Combined Liens be foreclosed and the Subject Property sold, with appraisement, according to law, and the proceeds of said sale to be applied first to the payment in full of the in rem judgment of Plaintiff against Defendant, Linda Adams, 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;
e. For an Order, that upon confirmation of the sale of the Subject Property, Defendant, Linda Adams, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in and to the Property; and
f. For such other and further relief as this Court may deem equitable and necessary in the premises.
Respectfully submitted,
ELLER & DETRICH
A Professional Corporation
By: ________________________________
Andrew A. Shank, OBA #22298
William C. Searcy, OBA #17938
2727 East 21st Street, Suite 200
Tulsa, Oklahoma 74114
(918) 747-8900 – telephone
(918) 747-2665 – facsimile
[email protected]
[email protected]
ATTORNEYS FOR PLAINTIFF
EXHIBIT A
return to:
Eller & Detrich, P.C.
2727 E. 21st St., Suite 200
Tulsa, Oklahoma 74114
NOTICE AND CLAIM OF LIEN
KNOW ALL MEN BY THESE PRESENTS, the BRUNSWICK PLACE OWNERS’ ASSOCIATION, INC., an Oklahoma not-for-profit corporation (the “Association”), has a claim against LINDA ADAMS (“Adams").
The Association is owed a balance of $7,857.00 for common expenses due through the assessment period ending July 31, 2025, pursuant to the Declaration of Unit Ownership Estate for Brunswick Place and the By-Laws of the Association. The amount represented by this Notice and Claim of Lien is in addition to the amount due under the Statement of Judgment Lien recorded with the Tulsa County Clerk as Document No. 2022018506.
This Notice and Claim of Lien shall also secure all unpaid common expenses accruing hereafter, late fees due upon all common expenses previously assessed or accruing hereafter, interest at the highest rate allowable under applicable law and the Declaration, the Association’s costs of collection, and attorneys’ fees.
The Association claims this lien on the following described real property in Tulsa County, State of Oklahoma:
Unit Nine (9), Building B, and an undivided 5.55556 percentage interest in the common elements in BRUNSWICK PLACE, a unit ownership estate under the Declaration of Unit Ownership Estate for Brunswick Place recorded in Book 4717 at Page 778, Tulsa County, Oklahoma,
together with any and all improvements thereon and appurtenances thereto belonging.
The amount due to the Association remains outstanding as of this 19th day of August 2025.
BRUNSWICK PLACE OWNERS’ ASSOCIATION, INC.,
an Oklahoma not-for-profit Corporation
By: [Signature]
Secretary
STATE OF OKLAHOMA { } { }
COUNTY OF Tulsa { } { } SS.
This instrument was acknowledged before me on this 19 day of August 2025, by Diana Robey, as the Secretary of BRUNSWICK PLACE OWNERS' ASSOCIATION, INC.
Patti Wasson
NOTARY PUBLIC
My commission expires: 11-10-28
Commission No. 20013868
EXHIBIT B
IN THE DISTRICT COURT IN AND FOR THE STATE OF OKLAHOMA, COUNTY OF TULSA
Brunswick Place Homeowners Association Inc
vs.
Linda Adams
PLAINTIFF
DEFENDANT
) SMALL CLAIMS CASE NO. SC - 2022-1133
Now on this 15 day of Feb. , 22, this cause comes on regularly to be heard. The Court finds the Defendant(s) have been duly served with notice of this trial as provided by law.
The Defendant(s) did did not appear for trial. THE COURT TAKES THE FOLLOWING ACTION(S):
DISMISSAL OF CASE ☐ With Prejudice
THE COURT HEREBY DISMISSES THE CASE for the following reason(s):
☐ Failure to Present ☐ Assignment ☐ Exceeds $10,000 ☐ Improper Plaintiff
☐ Improper Defendant ☐ Voluntary dismissal by Plaintiff ☐ Notice of Bankruptcy
☐ Claim and/or Issue Preclusion ☐ Improper Venue ☐ Failure to File or Serve Process
☐ Invalid Service/Notice ☐ Other: ____________
FINDINGS AND ORDER
The Court having heard all the evidence, and being fully advised, finds for the: ☑ Plaintiff ☐ Defendant
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that judgment is rendered for the ☑ Plaintiff ☐ Defendant AS AND FOR THE FOLLOWING:
JUDGMENT ☑ A money judgment in the amount of $1085.00, to draw interest:
☑ At the statutory rate, or ☐ at the contractual rate of 10 %
☐ OR Replevin/Return of the Personal Property sought by the Plaintiff.
Plus ☐ Costs of this action accrued and accruing, or
☐ Court costs only or
☐ Costs of $127.00
And ☐ Defendant shall vacate the premises by ___ : _____ M. on ___________________________
☐ Possession of the premises
☐ Possession of the premises ONLY
☐ Other: _______________________________________________________________
IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT, by agreement of the parties, that the ☐ Plaintiff ☐ Defendant is to pay said judgment in installments of $ ________ per ________________, payable on the _______ day of each month until said judgment is paid in full, beginning on ___________________________.
☐ JUDGMENT UNDER ADVISEMENT UNTIL _____ / ____ /20_______.
■ If a Judgment Under Advisement has been agreed upon by both parties and the above conditions have been satisfied by the under advisement date, then the case shall be dismissed and no further action is required.
■ If the Defendant does not comply with the above agreed conditions by the under advisement date, then this Order is granted and will be filed of record and a writ for immediate possession and/or judgment shall be entered.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT, that ATTORNEY FEES if applicable will be awarded to the ☑ Plaintiff ☐ Defendant ☐ Neither Party ☐ in the amount of $ 108.50 OR ☐ in an amount to be set upon formal application and hearing within the time prescribed by law.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT, that a file-stamped copy of this Journal Entry shall be mailed by the ☑ Plaintiff ☐ Defendant to all parties who are not in default for failure to appear, no later than three (3) days form the date of filing or such time as required by statute.
IT IS SO ORDERED this ____ day of _______, 20____.
Brunswick Place HOA
Plaintiff
Shannon D. Taylor OBA #20116
Attorney for Plaintiff, OBA # 7666 E. 61st St Ste 550 Tulsa, OK 74133 918.254.0626 ext 222
Defendant
Attorney for Defendant, OBA #
(Did not appear)
Form 157 (11-19)
EXHIBIT C
IN THE DISTRICT COURT IN AND FOR TULSA COUNTY
STATE OF OKLAHOMA
BRUNSWICK PLACE
HOMEOWNERS ASSOC., INC.;
Plaintiff,
vs.
LINDA ADAMS.
Defendants.
Case No. SC-2022-1133
Judge
STATEMENT OF JUDGMENT LIEN
STATE OF OKLAHOMA )
) ss.
COUNTY OF TULSA )
I, Shannon Taylor, of lawful age, first being duly sworn, depose and state:
1. That on the 15th day of February, 2022, judgment was rendered in the above-styled and numbered cause as follows:
AGAINST IN FAVOR OF AMOUNT NATURE
Linda Adams Brunswick Place $1085.00 judgment Small Claims Case SC-
Homeowners Assoc., plus interest; 2022-1133 on real
Inc. attorney's fees; and property described as:
all costs Building B, Unit Nine
(9), and
5.55556 Int in Common Elements
in Brunswick Place being part of
Lots One (1), and Two (2), and
part vac 57 Place Beg Secr Lot
Two (2) then 2115, South 25 East
115 North 25, Block One (1),
Riverside South Complex, Tulsa
County, Oklahoma, commonly known
as 1035 E. 57th Pl. Unit #b9,
Tulsa, OK 74105
2. That a copy of the subject judgment is incorporated herein by reference (refers to filing with District Court Clerk);
3. That the Court Clerk shall enter on the Judgment docket a statement based on this information, in compliance with 12 O.S. Supp. 1985, section 25;
4. That the County Clerk shall enter on the judgment docket a statement based on this information, in compliance with 12 O.S. Supp. 1988, section 706.
Further, your Affiant sayeth not.
KIVELL, RAYMENT AND FRANCIS
A Professional Corporation
By [Signature]
Shannon Taylor, OBA #20116
Triad Center I, Suite 550
7666 East 61st Street
Tulsa, Oklahoma 74133
Telephone (918) 254-0626
Facsimile (918) 254-7915
E-mail:
[email protected]
ATTORNEYS FOR PLAINTIFF
SUBSCRIBED AND SWORN to before me this 16 day of February, 2022, by Shannon Taylor.
[Signature]
NOTARY PUBLIC
EXHIBIT "A"
Attached hereto and made a part hereof the Statement of Judgment for Brunswick Place Homeowners Assoc., Inc. v. Linda Adams, District Court Case No. SC-2022-1133.
IN THE DISTRICT COURT IN AND FOR THE STATE OF OKLAHOMA, COUNTY OF TULSA
Brunswick Place Homeowners Association Inc
vs.
Linda Adams
SMALL CLAIMS CASE NO. SC-2022-1133
Now on this 15 day of Feby., 22, this cause comes on regularly to be heard. The Court finds the Defendant(s) have been duly served with notice of this trial as provided by law.
The Defendant(s) did / did not appear for trial. THE COURT TAKES THE FOLLOWING ACTION(S):
DISMISSAL OF CASE □ With Prejudice
THE COURT HEREBY DISMISSES THE CASE for the following reason(s):
□ Failure to Present □ Assignment □ Exceeds $10,000 □ Improper Plaintiff
□ Improper Defendant □ Voluntary dismissal by Plaintiff □ Notice of Bankruptcy
□ Claim and/or Issue Preclusion □ Improper Venue □ Failure to File or Serve Process
□ Invalid Service/Notice □ Other: ________________
FINDINGS AND ORDER
The Court having heard all the evidence, and being fully advised, finds for the: □ Plaintiff □ Defendant
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that judgment is rendered for the □ Plaintiff □ Defendant AS AND FOR THE FOLLOWING:
■ JUDGMENT □ A money judgment in the amount of $1,085.00, to draw interest:
at the statutory rate, or □ at the contractual rate of 10 %
OR Repossession/Return of the Personal Property sought by the Plaintiff.
Plus □ Costs of this action accrued and accruing, or
□ Court costs only or
□ Costs of $127.00
DON NEWBERRY, Court Clerk
STATE OF OKLA. TULSA COUNTY
And □ Defendant shall vacate the premises by _______M. on ____________
□ Possession of the premises
□ Possession of the premises ONLY
□ Other: ____________________________________________
IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT, by agreement of the parties, that the □ Plaintiff □ Defendant is to pay said judgment in installments of $ __________ per ____________, payable on the _______ day of each month until said judgment is paid in full, beginning on ____________________.
□ JUDGMENT UNDER ADVISEMENT UNTIL ____/____/20___.
■ If a Judgment Under Advisement has been agreed upon by both parties and the above conditions have been satisfied by the under advisement date, then the case shall be dismissed and no further action is required.
■ If the Defendant does not comply with the above agreed conditions by the under advisement date, then this Order is granted and will be filed of record and a writ for immediate possession and/or judgment shall be entered.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT, that ATTORNEY FEES if applicable will be awarded to the □ Plaintiff □ Defendant □ Neither Party □ in the amount of $1,085.00 or □ in an amount to be set upon formal application and hearing within the time prescribed by law.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT, that a file-stamped copy of this Journal Entry shall be mailed by the □ Plaintiff □ Defendant to all parties who are not in default for failure to appear, no later than three (3) days form the date of filing or such time as required by statute.
IT IS SO ORDERED this ___ day of ___________, 20___.
JUDGE OF THE DISTRICT COURT
Brunswick Place HOA
Plaintiff
Shannon D. Taylor OBA #20166
Attorney for Plaintiff, OBA #
7666 E. 61st St Ste 550
Tulsa, OK 74133
918.254.0626 ext 222
Defendant
(Did not appear)
Form 157 (11-19)
Linda Adams Unit #9
SUMMARY OF BALANCE DUE HOA
Attorney Fees Lien $ 802
10/2021 to 05/2023 $3,800 (20 months at $190)
06/2023 to 04/2024 $2,640 (11 months at $240)
Less payments 2023 ($2,120)
Less payments 2024 ($ 458)
Late fees $2,955
Total Balance due HOA as of 4/30/2024 $7,619
2022 no payments
2023 payments:
January $ 100
February $ 100
March $ 70
April -0-
May -0-
June $ 445
July $ 445 (2 checks- $350 and $95)
August $ 240
September $ 240
October $ 240
November -0-
December $ 240
TOTAL 2023 $2,120
2024 payments:
January $ 123
February -0-
March $ 245
April $ 90
May
June
July
August
September
October
November
December
