ACH DIH PROPERTIES, LLC v. HOME DEPOT USA, INC.

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA ACH DIH PROPERTIES, LLC, a Delaware limited liability company, ACRE CONSTRUCTION, II, LLC, an Oklahoma limited liability company, Plaintiffs, vs. HOME DEPOT USA, INC., a Georgia company, And XTREME EXTERIORS ROOFING & SIDING, LLC, a Missouri limited liability company, Defendants. Filed DISTRICT COURT OKLAHOMA COUNTY, OKLAHOMA February 19, 2026 11:45 AM RICK WARREN, COURT CLERK Case No.: Case Number CJ-2026-1314 Judge: VERIFIED PETITION TO QUIET TITLE Plaintiffs ACH DIH Properties, LLC ("ADP") and ACRE Construction, LLC ("ACRE") (collectively, "Plaintiffs") hereby submit its Verified Petition to Quiet Title against Defendant, Home Depot USA, Inc. ("Home Depot") pursuant to Okla. Stat. tit. 12 § 1141 et seq., and for its causes of actions against Defendant Xtreme Exteriors Roofing & Siding, LLC ("Xtreme") (collectively, "Defendants"), and further states as follows: The Parties 1. Plaintiff ADP is a Delaware limited liability company with a principal place of business located at 4400 Westway Ave., Dallas, TX 75205. 2. Plaintiff ACRE is an Oklahoma limited liability company with its principal place of business located in Tulsa County, State of Oklahoma. 3. Defendant Home Depo is an Atlanta based company incorporated within the State of Georgia. 4. Upon information and belief, Defendant Xtreme is a Missouri limited liability company with its principal place of business located in Christian County, State of Missouri. 5. The property at issue in this case is located at 3100 N. Sooner, Rd., Edmond, Oklahoma 73034, Oklahoma County, State of Oklahoma, more particularly described as follows: The West Half(W/2) of the Southwest Quarter (SW/4) and the West 10Acres of the East Half (E/2) of the Southwest Quarter (SW/4) of Section Sixteen (16), Township Fourteen(14)North, Range Two (2) West of the Indian Meridian, Oklahoma County, Oklahoma, according to the U.S. Government Survey thereof; sometimes described as the West 90 Acres of the Southwest Quarter (SW/4) of Section Sixteen (16), Township Fourteen(14)North, Range Two(2) West of the Indian Meridian, Oklahoma County, Oklahoma according to the U.S. Government Survey thereof. LESS AND EXCEPT those lands taken by the State of Oklahoma, ex rel Department of Highways of the State of Oklahoma as shown in Report of Commissioners recorded in Book 2201, Page371 and Journal Entry recorded in Book 2306, Page 92; and LESS AND EXCEPT those lands conveyed to Oklahoma County in Warranty Deed recorded in Book 296,Page 435; and LESS ANDEXCEPT apart of the Southwest Quarter(SW/4) of Section 16, Township 14N, Range 2 West of the Indian Meridian in Oklahoma County, Oklahoma, more particularly described as follows: BEGINNING at a point 100.00 feet North and 50.00 feet East of the Southwest corner (SW/C) of said Southwest Quarter(SW/4), point being the intersection of existing Right-of-Way for public roads; thence N89°47'45"E along said Right-of-Way a distance of 60.00 feet; thenceN00°39'31*W and parallel to the West Section line of said Southwest Quarter (SW/4) a distance of 350.82 feet; thenceN11°53°45*W a distance of 179.61 feet; thence N00°39'31"W and parallel to the West Section line of said Southwest Quarter (SW/4)a distance of 437.03 feet; thence $89°20'29*W a distance of 25.00 feet to a point on existing Right-of-Way for public road; thence $00°39'31"E along said Right-of-Way a distance of 963.54 feet to the Point of Beginning; and LESS AND EXCEPT Beginning at a point 50.00 feet East of the Northwest Corner (NW/C)of said Southwest Quarter (SW/4), point being on existing Right-of-Way for public road; thence $00°39'31"E along said Right-of-Way a distance of 473.03 feet; thence N17°48°40"E a distance of 141.49 feet; thence N02°12'14"E a distance of 339.26 feet to a point on the North line of said Southwest Quarter (SW/4); thence $89°20*29*W along said North line a distance of61.77 feet to the Point of Beginning. And being more particularly described as follows: Part of the Southwest Quarter (SW/4) of Section Sixteen (16), Township Fourteen (14) North, Range Two (2) West of the Indian Meridian, Oklahoma County, Oklahoma; COMMENCING at the SW corner of said SW/4; THENCE N00°39'25"W along the West line of said SW/4 for a distance of 100.00 feet; THENCE N89°20'17"E and parallel with the South line of said SW/4 for a distance of 110.00 feet to the Point or Place of Beginning; THENCE N00°39*25*W and parallel with the West line of said SW/4 for a distance of 350.82 feet; THENCE N11°55'26*W for a distance of 179.14 feet; THENCEN00°39'25"W and parallel with said West line of SW/4 for a distance of 437.03 feet; THENCE S89°20°35*W for a distance of 25.00 feet to a point being 50.00 feet East of the West line of said SW/4; THENCE N00°39°25"W and parallel with said West line SW/4 for a distance of1097.75 feet; THENCEN17°48°46"E for a distance of 141.49feet: THENCEN02°2°20°E for a distance of 339.30 feet to a point on the North line of said SW/4 said point being 111.77 feet East of the NW corner of said SW/4;THENCE N89°17'50"E along the North line of said SW/4 for a distance of 1374.86 feet to the NE corner of said West 90 acres SW/4; THENCE $00°37°34"E along the East line of said West 90 acres for a distance of 2532.06 feet to a point being 103.28 feet North of the SE comer of said West 90 acres; THENCE S86°28'33*W for a distance of 65.78 feet to a point being100.00feet North line of said SW/4; THENCES89°20°17"W and parallel with said South line SW/4 for a distance of 1309.57 feet to the Point or Place of Beginning. ("Property"). Jurisdiction and Venue 6. The actions giving rise to this suit occurred in Oklahoma County, State of Oklahoma. 7. This Court has subject matter jurisdiction over the claims alleged herein and may properly exercise personal jurisdiction over Defendants. 8. Venue is proper in Oklahoma County, State of Oklahoma. Factual Background 9. ACRE is a trusted leader in construction management, specializing in delivering luxury, single and multifamily rental communities. 10. According to its website, Home Depot is the world's largest home improvement retailer with approximately 475,000 orange-blooded associates and more than 2,300 stores in the U.S., Canada and Mexico. The typical store today averages 105,000 square feet of indoor retail space, interconnected with an e-commerce business that offers more than one million products for the DIY customer, professional contractors, and the industry's largest installation business for the Do-It-For-Me customer. 11. Xtreme holds itself out as premier home exterior contractors with decades of siding installation experience and expertise across roofing, decking, windows, doors and more. 12. By Special Warranty Deed dated April 4, 2024, ADP, purchased the Property in order to contract and have constructed one-hundred and two (102) townhomes called, “The Oaks at Covell” (the “Project”). 13. On November 13, 2024, in order to construct the Project, ACRE entered into a contract with Xtreme to serve as a subcontractor on its behalf and provide various labor, materials, and services in exchange for monetary payments in the amount of $289,445.56 (the “Contract”). 14. In order to provide ACRE with its labor, materials, and services, Xtreme maintained an open account with Home Depot, wherein Extreme was able to streamline business operations, offering perks in like bulk volume pricing, purchase tracking for tax preparation, and dedicated support for large, Pro-level material orders. 15. Despite being paid by ACRE and obtaining various materials from Home Depot, Xtreme wholly failed to reimburse Home Depot pursuant to the terms of its open account for said materials and, pursuant to its Contract with ACRE. 16. As a result, on January 27, 2026, Home Depot prepared and recorded with the Oklahoma County Clerk the Lien, which is identified as Doc #: 2026012201010757 B: 16358 P: 729 in the amount of $130,351.56 (the “Lien”). 17. However, the Lien is entirely wrongful and seeks to perjure this Court based on intentional misrepresentations. 18. Specifically, the Lien provides in relevant part as follows: [Home Depot] began providing the “Work or Materials for Property Improved” for the improvement of the “Property” on or about 05-29-2025, and last furnished the “Work or Materials for Property Improved” on or about 07-04-2025. This statement of lien being filed with the County Clerk with four (4) months of said date. (emphasis added). 19. The Lien was filed January 27, 2026, approximately two-hundred and seven (207) days, after it admittedly last furnished the “Work or Materials for Property Improved,” on July 4, 2025 (nearly 7 months after providing the last work or materials for the Project). 20. Pursuant to 42 Okl.St.Ann § 143, "any person furnishing material or equipment used on said land to, such subcontractor may obtain a lien upon such land, or improvements, or both, for the same time, in the same manner, and to the same extent as the subcontractor, for the amount due for such material, equipment used on said land and labor, as well as any applicable profit and overhead costs due to the person, by filing with the county clerk of the county in which the land is situated, within ninety (90) days after the date upon which material or equipment used on said land was last furnished or labor last performed under such subcontract, a statement, verified by affidavit." 21. Clearly, Home Depot is well outside its right to file a Lien against the Property. 22. On February 3, 2026, pursuant to 12 O.S. § 1141.3, counsel for Plaintiffs provided a proper notice (“Notice”), by certified mail, to Home Depot that their fraudulent Lien is a cloud on title of the subject Property, and requested that it execute a lien release, an acceptable form of which was included with the request (“Lien Release”). 23. However, as of the date of the filing of this Petition, Home Depot has not signed and filed the Lien Release. 24. As a result of Home Depot’s failure to execute the Lien Release, ACRE is at risk of being unable to drawdown on its construction loan ("Drawdown"). 25. As a result of being unable to Drawdown, ACRE is at risk of incurring additional interest rates at a higher value and, being able to complete the Project pursuant to contractual terms. 26. Defendants may claim some right, title or interest in the Property by virtue of Xtreme’s failure to pay Home Depot pursuant to its open account, which is adverse to the right, title, and interest claimed by Plaintiffs. 27. Defendants have no right, title, or interest in the Property contrary to the ownership of Plaintiff, and such claims, if any, are without foundation and the Property is owned by ADP in fee simple absolute, and its title there to should be quieted and confirmed. 28. This is an action to judicially determine any right, title, or interest of Defendants, if any, to exclude Defendants from any right, title, or interest of ADP’s ownership in the Property, and to quiet title in favor of ADP. 29. Defendants should be required to come forward and assert whatever rights, title, or interest they claim in the Property, if any. FIRST CAUSE OF ACTION QUIET TITLE – (ADP v. HOME DEPOT) 30. ADP realleges and reasserts paragraphs No.’s 1-29 as if fully restated herein. 31. On January 27, 2026, Home Depot prepared and recorded with the Oklahoma County Clerk the Lien, which is identified as Doc #: 2026012201010757 B: 16358 P: 729 in the amount of $130,351.56. 32. The purpose of this Lien was to slander title to the subject Property to coerce Plaintiff to pay Home Depot more money and accept substandard, non-conforming, and incomplete work by Xtreme. 33. On February 3, 2026, pursuant to 12 O.S. § 1141.3, counsel for Plaintiffs provided a proper notice ("Notice"), by certified mail, to Home Depot that their fraudulent Lien is a cloud on title of the subject Property, and requested that it execute a lien release, an acceptable form of which was included with the request. 34. Home Depot did not respond to the Notice or file a lien release. 35. ADP is entitled to recover damages against Home Depot equal to the actual expenses incurred in identifying the curative instrument and preparing the Notice, together with the expenses of litigation directly related to obtaining a judgment quieting title in this action pursuant to 12 O.S. § 1141.5(4). 36. Pursuant to 16 O.S. § 79(A) and the allegations of paragraph 25, ADP should be awarded three times their damages resulting from the Lien on the subject Property. WHEREFORE, ADP respectfully requests that this Court: (i) find that Home Depot has no right, title, or interest in the Property; (ii) quiet title in the Property in ADP’s favor; and (iii) award ADP any and all other relief to which it may show itself entitled. SECOND CAUSE OF ACTION BREACH OF CONTRACT – (ACRE v. XTREME) 37. ACRE realleges and reasserts paragraphs No.’s 1-36 as if fully restated herein. 38. ACRE and Xtreme entered into a Contract wherein, Xtreme agreed to provide services on behalf of ACRE in exchange for monetary payments. 39. Xtreme breached its Contract with ACRE by failing to comply with the terms and provisions provided therein. 40. As a result of Xtreme’s breach, ACRE has suffered damages in an amount to be determined at the trial of this matter. WHEREFORE, ACRE respectfully requests that this Court: (i) enter a judgment against Xtreme for breach of Contract in an amount in excess of $75,000.00; (ii) award ACRE pre-judgment and post-judgment interest as allowed by law; (iii) award ACRE costs and attorneys’ fees incurred in this matter; and, (iv) award ACRE any and all other relief to which ACRE may show itself entitled. THIRD CAUSE OF ACTION INDEMNITY – (ACRE v. XTREME) 41. ACRE realleges and reasserts paragraphs No.’s 1- 40 as if fully restated herein. 42. An actual controversy exists between ADP and Xtreme, in that ACRE alleges that if any liability or responsibility is imposed upon it, said liability or responsibility, if any, rests upon Xtreme. 43. ACRE contends that if it is found to be liable to Home Depot as a result of any act or omission in this matter, any liability will be the direct and proximate result of the acts, omissions, breaches of contract, negligence, or other conduct of Xtreme. 44. Therefore, ACRE is entitled as a matter of law to a judicial determination apportioning and fixing the comparative fault of Xtreme for any damages awarded to Plaintiffs in this action. WHEREFORE, ACRE prays this Court: i.) enter judgment against Xtreme for indemnification as set forth above in Plaintiffs’ Third Cause of Action against Xtreme; (ii) award ACRE pre-judgment and post-judgment interest as allowed by law; (iii) award ACRE costs and attorneys’ fees incurred in this matter; and, (iv) award ACRE any and all other relief to which ACRE may show itself entitled. FOURTH CAUSE OF ACTION IMPLIED INDEMNITY (ACRE v. Xtreme) 45. ACRE realleges and reasserts paragraphs No.’s 1-44 as if fully restated herein. 46. At all times herein mentioned, Xtreme was negligent, or otherwise responsible in total, or in part, for the injuries, losses and/or damages complained of, by Home Depot. 47. Any liability that ADP may incur as a result of the allegations of Home Depot will be the result of the active and primary negligence and/or fault, or misconduct of Xtreme. 48. In equity and good conscience, if Home Depot recovers against ACRE, then ACRE is entitled to equitable indemnity, apportionment of liability, and contribution for any and all liability among and from Xtreme, according to their respective fault, for the injuries and damages allegedly sustained by Home Depot, by way of sums paid in settlement, or judgment rendered against ACRE in the action based on the allegations Home Depot alleges in the Lien. Such indemnification and/or contribution shall include any and all attorneys’ fees and court costs incurred by ACRE in the defense of Home Depot’s Lien. The service of this Petition shall serve as a tender of such defense and indemnification from Xtreme, to the extent that such a tender has not been made previously. WHEREFORE, ACRE prays this Court: i.) enter judgment against Xtreme for implied indemnification as set forth above in Plaintiffs’ Fourth Cause of Action against Xtreme; (ii) award ACRE pre-judgment and post-judgment interest as allowed by law; (iii) award ACRE costs and attorneys’ fees incurred in this matter; and, (iv) award ACRE any and all other relief to which ACRE may show itself entitled. FIFTH CAUSE OF ACTION NEGLIGENCE (ADP v. Xtreme) 49. ADP realleges and reasserts paragraphs No.’s 1-48 as if fully restated herein. 50. At all times relevant hereto, Xtreme owed a duty to ADP to pay Home Depot on Xtreme’s open account. 51. Xtreme breached its duty to ADP by failing to pay Home Depot on Xtreme’s open account. 52. Xtreme’s breach of its duty to ADP is the direct and proximate cause of the damages ADP suffered as a result of Xtreme’s failure to pay Home Depot on Xtreme’s open account. 53. As a result of Xtreme’s negligence, ADP has been damaged in an amount to be determined at the trial of this matter. WHEREFORE, ADP respectfully requests that this Court: (i) enter a judgment against Xtreme for negligence in an amount in excess of $75,000.00; (ii) award ADP pre-judgment and post-judgment interest as allowed by law; (iii) award ADP costs and attorneys’ fees incurred in this matter; and, (iv) award ADP any and all other relief to which ADP may show itself entitled. Respectfully submitted, [signature] Brian L. Mitchell, OBA No. 19529 Daniel R. Wilson, OBA #32284 Mitchell Legal PLLC 203 E. Hobson Ave. Sapulpa, OK 74066 [email protected] [email protected] ATTORNEYS FOR PLAINTIFFS