Oak Ridge Park Homeowners' Association, Inc. v. Javier O. Quinones

IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA OAK RIDGE PARK HOMEOWNERS' ASSOCIATION, INC., Plaintiff, vs. JAVIER O. QUINONES; CAROLINE V. VILLAFANA OCCUPANT(S), IF ANY, OF THE PREMISES MIDFIRST BANK UNITED STATES OF AMERICA EX REL SECRETARY OF HOUSING AND URBAN DEVELOPMENT Defendants. PETITION FOR FORECLOSURE OF OWNERS ASSOCIATION LIEN COMES NOW Plaintiff, Oak Ridge Park Homeowners' Association Inc., alleges and states as follows: 1. That the Plaintiff is an Oklahoma not for profit corporation with its principal place of business in Tulsa County, Oklahoma. 2. That Plaintiff did timely file Oak Ridge Park Deed of Dedication and Restrictive Covenants with the County Clerk for Tulsa County, Oklahoma on February 13, 2007, in Instrument No. 2007015656 (the "Governing Documents") and same are hereby incorporated by reference and made a part hereof as if fully set forth hereafter. 3. That Defendants Javier O. Quinones and Caroline V. Villafana, each a single person, are the record owners of the Property (the "Property") that is the subject matter of this action, the same being legally described in Exhibit "A." 31-5056-06800 4. That pursuant to the terms of the Governing Documents, Defendants Quinones and Villafana did become indebted to Plaintiff for assessments for common expenses incurred by Plaintiff. 5. That Defendants failed to pay the owner’s assessments and other charges levied against the Properties as the same came due, and there is currently owning a balance of $3,204.64 as of February 5, 2026, together with additional assessments, that may come due and remain owing during the pendency of this action, including special assessments for attorney fees and legal costs incurred by the Plaintiff during the prosecution of this action as authorized by the Governing Documents, together with late fees and finance charges accruing each month said assessments remain unpaid, said additional regular and special assessments and other charges commencing to be due and owing the aforementioned dates. 6. That pursuant to Title 60 O.S.A. §851, et seq, and the Governing Documents, Plaintiff filed its assessment liens against the Subject Property for past due assessments chargeable against Defendants Quinones and Villafana, and said liens being recorded with the County Clerk for Tulsa County, on August 9, 2023 at Document No. 2023064041 and filed on February 10, 2025 at Document No. 2025010922; a copy of said liens are attached hereto as Exhibit “B”, and made a part hereof by reference. 7. That pursuant to the Governing Documents, and applicable Oklahoma law, Plaintiff has the right to bring this action for foreclosure to recoup all unpaid dues, assessments, interest, and other charges owed by Defendants, including reasonable attorney fees and costs. 8. That Defendant Javier O. Quinones and Caroline V. Villafana may claim some right, title, or interest in and to the Properties. Plaintiff states, however, that any such right, title, or interest claimed by Defendants Quinones and Villafana is subordinate and inferior to the lien of Plaintiff, and Plaintiff petitions the Court that Defendants Quinones and Villafana be summoned in this case and be required to set up in this suit any right, title, or interest said Defendants Quinones and Villafana may have, or claim to have, in and to the Properties, or be forever barred from claiming any such right, title, or interest in and to the Property. 9. That Defendant Occupant(s), if any, of the Premises, may claim some right, title, or interest in and to the Properties. Plaintiff states, however, that any such right, title, or interest claimed by Defendant Occupants is subordinate and inferior to the lien of Plaintiff, and Plaintiff petitions the Court that Defendant Occupants be summoned in this case and be required to set up in this suit any right, title, or interest said Defendant Occupants may have, or claim to have, in and to the Properties, or be forever barred from claiming any such right, title, or interest in and to the Property. 10. That the MidFirst Bank, has a first, prior, and superior lien to the lien of Oak Ridge Park Homeowners’ Association Inc. upon the Property, by way of an Assignment of Mortgage which was recorded on July 7, 2021, with the Tulsa County Clerk, at Document No. 2021078308. 11. That the Defendant United States of America ex rel Department of Housing and Urban Development, has a first, prior, and superior lien to the lien of Forest Ridge Homeowners Association, Inc. upon the Property, which was recorded with the Tulsa County Clerk on December 2, 2015 at Document No. 2015106580, with an additional lien filed on March 6, 2024 at Document No. 2024016509, with the County, in Book 2606, Page 495. 12. That after allowing all just credits there is due to Oak Ridge Park Homeowners’ Association Inc. on the recorded lien, of $3,204.64 as of February 5, 2026, representing past due payments, accrued interest, and other charges, plus ongoing dues and interest continuing to accrue through the date of final disbursement of proceeds in this action. 13. That unless expressly stated otherwise herein, any right, title, or interest claimed by the Defendants is subordinate and inferior to the lien claimed by Oak Ridge Park Homeowners' Association Inc. 14. That Plaintiff has performed all condition precedent to the filing of this Petition and is entitled to the relief requested herein. 15. THIS IS AN ATTEMPT TO COLLECT A DEBT 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 (FDCPA), unless the person or entity responsible for the payment of the above debt, within (30) days after service of this pleading, disputes the validity of the debt, or any portion thereof, the debt will be assumed 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. WHEREFORE, premises considered, Plaintiff petitions for judgment in personam of and from Defendants Quinones and Villafana, jointly and severally, in the present amount of $3,204.64, said amount representing the total amount due on the Property for past due assessments, and other charges owing to Plaintiff by Defendants Quinones and Villafana, and for further judgment in personam for such additional amounts representing future assessments, that come due and owing and remain unpaid from and after the dates of each outstanding balance, during the pendency of this action, together with late fees, finance charges, and Plaintiff's reasonable attorney fees and court costs incurred in the prosecution of this action, with interest on all thereof as allowed by law until said judgement is paid in full, for judgement in rem of and from all Defendants, and each of them, adjudging the liens of Plaintiff asserted herein to be a valid and subsisting lien against the Property in the amounts petitioned hereunder, and ordering that the liens be foreclosed and the Property be sold, with appraisement, according to law, and the proceeds of said sale to be applied to the payment of the judgement of Plaintiff 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. Plaintiff further prays that upon confirmation of the sale of the Property, the Defendants herein, and each of them, be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, estate, or equity or redemption in and to the Property, and for such other and further relief as this Court may deem equitable and necessary in the premises. Respectfully Submitted: Matthew Eads, OBA No. 35103 Jones Property Law, PLLC 517 Libert Lane, STE 100 Edmond, OK 73034 405-888-2744 [email protected] EXHIBIT "A" Lot 9, Block 7, Oak Ridge Park, a subdivision in the city of Tulsa, Tulsa County, State of Oklahoma, according to the recorded plat thereof. EXHIBIT RECORD AND RETURN TO: Schwartz Vays 7215 NE 4th Ave, #101 Miami, FL 33138 CLAIM OF LIEN BEFORE ME, the undersigned notary public, personally appeared, Camila Mora, who was duly sworn and says that he/she is the authorized agent of the Lienor, Oak Ridge Park Homeowners Association, a Oklahoma not for profit corporation (the “Association”), whose address is 901 N. Forest Ridge Blvd Broken Arrow, OK 74014 and that in accordance with Oklahoma Statutes and the Association’s Declaration, together with all subsequent supplements and amendments thereto (collectively, the “Covenants”), and the articles of incorporation and bylaws of the Association, said Association is owed the following amounts for shares of the common expenses: Assessments: $790.00 Interest: $82.31 Late Fees: $75.00 Collection Cost and Attorneys fees: $800.00 Other Charges $121.00 TOTAL: $1,868.31 plus, interest at the rate of 10 % per annum from the date due until paid. This claim of Lien shall also secure all unpaid assessments, interest, late fees, collection costs and attorney’s fees subsequent to the date of this Claim of Lien and before entry of a certificate of title. The Lienor claims this lien on the following described property Tulsa County, Oklahoma: Property Description: 18102 E 43rd St S Tulsa, OK 74134 Folio # 87690-94-25-29510. The record owner(s) of the Subject Property is/are CAROLINE V VILLAFANA & JAVIER O QUINONES. The amount due to the Lienor remains outstanding as of 2/5/2025. Oak Ridge Park Homeowners Association Witness 1: Andres Aleman Print Name: Andres Aleman Witness 2: Arnold Mios Print Name: Arnold Mios By: Mdll Camila Mora, Authorized Agent of Oak Ridge Park Homeowners Association State of Florida County of Miami-Dade The foregoing instrument was acknowledged before me on this _7_ day of February, 2025 by Camila Mora, Authorized Agent of Oak Ridge Park Homeowners Association, who [ ] produced _________ as identification or [x] is personally known to me and who did take an oath that the matters contained herein are true and correct. [Signature] Notary Public, State of Florida at Large LEGAL DESCRIPTION: ALL OF THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE COUNTY OF TULSA, STATE OF OKLAHOMA, TO-WIT: LOT NINE (9), BLOCK SEVEN (7), OAK RIDGE PARK, A SUBDIVISION IN THE CITY OF TULSA, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF.