IN AND FOR THE DISTRICT COURT OF TULSA COUNTY
STATE OF OKLAHOMA
THE WILLOWS CONDOMINIUMS )
OWNER ASSOCIATION, )
)
Plaintiff, ) Case No.
vs. )
JESSICA M. BUTTON a/k/a JESSICA )
BUTTON a/k/a JESSICA MARIE HARRIS a/k/a)
JESSICA ISSLER; JOHN DOE, SPOUSE )
OF JESSICA M. BUTTON a/k/a JESSICA )
BUTTON a/k/a JESSICA MARIE HARRIS a/k/a)
JESSICA ISSLER, IF MARRIED; )
OCCUPANT(S) OF PREMISES AT 1808 E. )
66TH PL., UNIT 303-D, TULSA, )
OKLAHOMA; BANK OF THE WEST, a )
California State Banking Corp.; )
)
Defendants. )
PETITION FOR FORECLOSURE OF OWNERS ASSOCIATION LIEN
COMES NOW the Plaintiff, The Willows Condominium Owners Association (Plaintiff), and for its cause of action against the Defendant(s) herein alleges and states as follows:
1. That Plaintiff is an Oklahoma non-profit corporation with its principal place of business in Tulsa, Tulsa County, Oklahoma;
2. That Plaintiff did timely file its Declaration for Willows Condominiums and Bylaws of The Willows Condominium Owners Association A Non-Profit Corporation (Governing Documents) filed in the Office of the County Clerk of Tulsa County, Oklahoma on March 4, 1983, in Book 4673, Page 437, as the same have been 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 hereafter;
3. That the Defendant Jessica M. Button a/k/a Jessica Button a/k/a Jessica Marie Harris a/k/a Jessica Issler (collectively, Defendant Button) is the record owner of the parcel of unit ownership estate that is the subject matter of this action, the same being legally described as follows:
Unit 303, Building D, and an undivided interest in and to the Common Elements appurtenant thereto, in THE WILLOWS CONDOMINIUMS, according to the Declaration Creating Unit Ownership Estate for The Willows Condominiums, dated March 4, 1983, and recorded in Book 4673 at Page 437, as corrected and amended from time to time thereafter, in office of the County Clerk of Tulsa County, Oklahoma, a/k/a 1808 E. 66th Pl., Unit 303-D, Tulsa, OK ("the Subject Property");
4. That pursuant to the terms of the Governing Documents, Defendant Button did become indebted to Plaintiff for assessments, both regular and special, for common expenses incurred by Plaintiff in the maintenance, repairs and improvements made to the property known as Willows Condominiums;
5. That Defendant Button failed and refused to pay the owner's assessments and other charges levied against the Subject Property as the same came due, and there is currently owing on said account a balance of $15,832.74 as of October 9, 2024, together with additional assessments, both regular and special, that may come due and remain owing each month 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 on October 9, 2024;
6. That pursuant to Title 60 O.S.A. §501, et seq, and the Governing Documents, Plaintiff filed its assessment liens against the Subject Property for past due assessments chargeable against Defendant Button, said liens being recorded in the office of the County Clerk for Tulsa County, Oklahoma, on May 11, 2010, as Document No. 2010039538; on June 8, 2021, as Document No. 2021066158; and on April 4, 2024, as Document No. 2024024606. Copies of
said liens are attached hereto as Exhibits “A,” “B” and “C,” respectively, and made a part hereof by reference;
7. That the Defendant John Doe, Spouse of Jessica M. Button a/k/a Jessica Button a/k/a Jessica Marie Harris a/k/a Jessica Issler, If Married, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Subject Property. Plaintiff states, however, that any such right, title or interest claimed by Defendant John Doe is subordinate and inferior to the liens of Plaintiff, and Plaintiff prays to the Court that Defendant John Doe be summoned in this case and be required to set up in this suit any right, title or interest said Defendant may have, or claim to have, in and to the Subject Property, or be forever barred from claiming any such right, title or interest in and to the Subject Property;
8. That the Defendant, Occupant(s) of the Premises at 1808 E. 66th Pl., Unit 303-D, Tulsa, Oklahoma ("Defendant Occupants"), may claim some right, title, lien, estate, encumbrance, claim assessment or interest in and to the Subject Property for and on account of such occupancy or tenancy, but that any such right, title or interest claimed by said Defendant Occupants is subordinate and inferior to the liens of Plaintiff, and Plaintiff prays to the Court that said Defendant Occupants be summoned in this case and made to establish in this suit any right, title or interest they may claim, or have the right to claim, in and to the Subject Property, or be forever barred from claiming any such right, title or interest in and to the Subject Property;
9. That the Defendant, Bank of the West, a California State Banking Corp, may claim some right, title, lien, estate, encumbrance, claim, assessment or other interest in and to the Subject Property on account of a Mortgage filed in the office of the County Clerk for Tulsa County, Oklahoma, on April 22, 2008, as Document No. 2008041288. Plaintiff acknowledges that said mortgage lien is superior to the lien of Plaintiff claimed hereunder and that this action, and any subsequent sale of the Subject Property as a part of this proceeding, will be made subject to said first and prior mortgage, and that said Defendant should be summoned in this action and required to appear herein and assert the extent, validity and priority of any such interests.
10. That Plaintiff has performed all conditions precedent to the filing of this Petition for Foreclosure of Owners Association Lien, and is entitled to the relief requested herein.
11. THIS IS AN ATTEMPT TO 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.
WHEREFORE, premises considered, Plaintiff prays for judgment in personam of and from Defendant Jessica M. Button a/k/a Jessica Button a/k/a Jessica Marie Harris a/k/a Jessica Issler in the present amount of $15,832.74, said amount representing past due assessments, both regular and special, and other charges owing to Plaintiff by Defendant Button through October 9, 2024, and for further judgment in personam for such additional amounts representing future assessments, both regular and special, that come due and owing and remain unpaid from and after October 9, 2024, 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 judgment is paid in full; for judgment in rem of and from all Defendants, and each of them, adjudging the liens of Plaintiff asserted herein to be valid and subsisting liens against the Subject Property in the amounts prayed for hereunder, and ordering that the 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 of the judgment 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 Subject 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 of redemption in and to the Subject Property, and for such other and further relief as this Court may deem equitable and necessary in the premises.
THE WILLOWS CONDOMINIUM OWNERS ASSOCIATION
By:
Lindsey Kaiser, ORA #33434
RHODES HIERONYMUS, PLLC
P.O. Box 21100
Tulsa, OK 74121-1100
Telephone: (918) 582-1173
[email protected]
Attorney for Plaintiff Willows
VERIFICATION
I, Lindsey Kaiser, being first duly sworn upon oath, depose and state that I am the attorney of record for the Plaintiff, The Willows Condominium Owners Association, in the above entitled action, and that I prepared the above and foregoing Petition to Foreclose Association Lien and I am familiar with the facts and contents alleged and set forth therein, and that to the best of my knowledge and belief, the matters and things set forth therein are true and correct.
Lindsey Kaiser, OBA #33434
Subscribed and sworn to before me on this 29 day of October, 2024.
Notary Public
CURTIS W. KAISER
Notary Public in and for the State of Oklahoma
Commission #99010754
Gamm Exp 07/16/2027
My Commission No.
RETURN TO: WCOA, 6645 S Victor Avenue, Tulsa OK 74136
CONDOMINIUM OWNERS ASSOCIATION LIEN
State of Oklahoma )
ss County of Tulsa )
KNOW ALL MEN BY THESE PRESENTS that Willows Condominiums Owners Association, Inc., an Oklahoma corporation (hereinafter “Willows”), has a claim against Jessica Harris & Ron Parks (hereinafter “Owner”) in the amount of $611.00 for and on account of past due homeowners assessments owed and all accrued and accruing thereafter, to Willows by Owner, and that such assessments first became delinquent on April 6, 2010, that such assessment is due and owing pursuant to the provisions of the Declaration of Unit Ownership and By-Laws of Willows as filed in Book 4673 at Page 437 in the office of the county clerk of Tulsa, County, Oklahoma.
The Owner is the title owner of the following described units ownership, to-wit;
Unit 303, Building D with 0.611 and Unit 108 Building F with 0.518 undivided interest in and to the Common elements appurtenant thereto the Phase II, THE WILLOWS CONDOMINIUMS, according to the Declaration Creating Unit Ownership Estates for THE WILLOWS CONDOMINIUMS, dated March 4, 1983, recorded in Book 4673, Pages 437-513, and by Correction of Declaration of Unit Ownership Estates, dated May 25, 1983, recorded in Book 4694 at Pages 492-493, and by Second Correction of Declaration of Unit Ownership Estates, dated June 3, 1983, recorded in Book 4696 at Pages 2491-2492, and by Annexation Notice for Phase II of The Willows Condominiums, Dated November 30, 1983 recorded in Book 4748 at Pages 1059-1086, and by Correction of Declaration of Unit Ownership Estates dated December 30, 1983 recorded in Book 4755 at Pages 1556-1558, and by Correction of Declaration of Unit Ownership Estates, dated January 31, 1984, recorded in book 4763, at Pages 889-897, and by Amendment to the Annexation Notice for Phase II of the Willows Condominiums, dated May 31, 1984, recorded in book 4794 at Page 392-393, and by Correction of Declaration of unit Ownership Estates, dated July 15, 1985, recorded in Book 4879 at Pages 1271-1276, all in the records of the County Clerk of Tulsa County, State of Oklahoma.
That Willows claims liens upon the above-described units ownership estate now owing as set forth above, and as may become due and delinquent in the future, said lien claimed pursuant to the provisions of Title 60 O.S.A. 524 et seq.
Dated this 10th Day of May, 2010
WILLOWS CONDOMINIUMS OWNERS ASSOCIATION, INC.
By: Phil Berman, President
State of Oklahoma ) ss.
County of Tulsa )
The foregoing instrument was acknowledged before me this 10th Day of May, 2010 by Phil Berman, as President of Willows Condominiums Owners Association, Inc., an Oklahoma corporation, on behalf of the corporation.
My Commission expires: 4/06/2013
Marion E. Taylor
Notary Public
CLAIM OF LIEN
BEFORE ME, the undersigned notary public, personally appeared, Luciana Pineda, who was duly sworn and says that he is the authorized agent of the Lienor, THE WILLOWS CONDOMINIUMS OWNERS ASSOCIATION, a Oklahoma not for profit corporation (the "Association"), whose address is 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: $2,921.20
Interest: $204.35
Late Fees: $980.00
Collection Costs: $500.00
Other Charges $0.00
TOTAL: $4,605.55
plus, interest at the rate of 6 % 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 in Tulsa County County, Oklahoma:
Property Description: 1808 E 66th Pl S Unit # DJ 303 Tulsa, OK 74136 Folio # 09185-83-06-48566
The record owner(s) of the Subject Property is/are JESSICA M BUTTON.
The amount due to the Lienor remains outstanding as of 6/2/2021.
THE WILLOWS CONDOMINIUMS OWNERS ASSOCIATION
Witness 1: ________
Print Name: Emilio Roche
Witness 2: ________
Print Name: Michael Jenner
State of Florida
County of Miami-Dade
The foregoing instrument was acknowledged before me on this 4 day of June, 2021 by Luciana Pineda, 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.
DENNIS CURRAN
State of Florida Notary Public
Commission # GG 197983
My Commission Expires April 09, 2022
Luciana Pineda
Luciana Pineda, Its Authorized Agent
Notary Public, State of Florida at Large
LEGAL DESCRIPTION: UNIT 303, BUILDING D, THE WILLOWS CONDOMINIUMS, TOGETHER WITH THE UNDIVIDED PERCENTAGE INTEREST IN AND TO THE COMMON ELEMENTS APPERTAINING THERETO, ACCORDING TO THE DECLARATION OF UNIT OWNERSHIP ESTATES FOR THE WILLOWS CONDOMINIUMS RECORDED ON MARCH 4, 1983 AT BOOK 4673, PAGE 437, AS AMENDED, SITUATED ON A PART OF THE BLOCK ONE (1), COLLEGIATESQUARE, AN ADDITION IN TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE RECORDED PLAT THEREOF.
CONDOMINIUM OWNERS ASSOCIATION LIEN
KNOW ALL MEN BY THESE PRESENTS that The Willows Condominiums Owners Association, an Oklahoma corporation, (hereafter "Willows"), has a claim pursuant to Oklahoma Statutes Title 60 §524 against Jessica M. Button (hereafter "Owner") in the amount of $11,069.84 as of April 1, 2024, for and on account of past due homeowner's assessments owed to Willows by Owner, and that such assessments are due and owing pursuant to the provisions of the Declarations and By-Laws of Willows, said documents being filed in the office of the County Clerk of Tulsa County, Oklahoma, as the same have been amended, corrected and refiled from time to time, said unit ownership estate being described as follows:
Unit 303, Building D, and an undivided interest in and to the Common Elements appurtenant thereto, in THE WILLOWS CONDOMINIUMS, according to the Declaration Creating Unit Ownership Estate for The Willows Condominiums, dated March 4, 1983, and recorded in Book 4673 at Page 437, as corrected and amended from time to time thereafter, in office of the County Clerk of Tulsa County, Oklahoma, a/k/a 1808 E. 66th Pl., Unit 303-D, Tulsa, OK.
That Willows claims a lien upon the above-described unit ownership estate for past due assessments now owing as set forth above, and for future assessments as may become due and remain unpaid in the future, said lien claimed pursuant to Title 60 O.S.A. §524 et seq.
Dated this 3 day of April, 2024.
THE WILLOWS CONDOMINIUMS OWNERS ASSOCIATION
By: [signature]
Curtis W. Kaiser, Attorney-in-Fact
Under Power of Attorney
Filed 12/08/92 in Book 5459, Page 2081
ACKNOWLEDGMENT
Before me, the undersigned notary public in and for said county and state, on this 3 day of April, 2024, personally appeared Curtis W. Kaiser, Attorney-in-Fact for The Willows Condominiums Owners Association, an Oklahoma non-profit corporation, to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same on behalf of said corporation as his free and voluntary act and deed for the uses and purposes therein set forth.
[signature]
Notary Public
