Preview
. NYO 5
+1046040520% IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA = #ILED IN 5
OKLAHC
ISTRICT
PROVIDENCE PROPERTY GROUP, LLC,
JAN 81 7774
RICK Wapou,
Cg HSN OBES
V- 2020-238
Plaintiff,
VS.
ALBERT PATTERSON, and spouse, if any, if living,
and if not, his respective heirs, executors, administrators,
devisees, beneficiaries, trustees, successors and assigns;
MARY PATTERSON, deceased, and her respective heirs,
executors, administrators, devisees, beneficiaries, trustees,
successors and assigns; and any other unknown claimants
to the subject land,
eee
Defendants.
PETITION
COMES NOW, the Plaintiff, Providence Property Group, LLC, and for its cause of action
against the above-named Defendants alleges and state as follows:
1. Plaintiff, an Oklahoma Limited Liability Company, is the owner of title in fee simple
and is in possession of the following described real property (hereinafter referred to as the
“Property”) located in Oklahoma County, State of Oklahoma, to-wit:
All of Lots Twenty-nine (29) and Thirty (30), in Block Twenty-seven (27), of
BLOCK 27 OF SHAW’S HEIGHTS ADDITION, an Addition to the City of
Oklahoma City, Oklahoma County, Oklahoma, according to the recorded plat
thereof. Also known as: 1533 N.W. 44" St, Oklahoma City, OK 73118.
Accordingly, this Court has jurisdiction over the parties and subject matter of this action. Venue
is proper in this Court.
2. The Plaintiff's claim of ownership in and to the above described Property is based
upon a Quit Claim Deed executed on November 4, 2019 and filed of record with the Oklahoma
County Clerk at Book 14179, Page 1141 on November 5, 2019.3. Based upon information and belief, Mary Patterson died February 10, 2012 and no
record of a probate for her having been found; and her unknown heirs, executors, administrators,
devisees, beneficiaries, trustees, successors and assigns; and, any other unknown claimants to the
Property, and each of them, are claiming some right, title, interest and demand in, to, and upon the
Property described in Paragraph | above, the exact nature of which is unknown to the Plaintiff, but
which is junior and inferior to the title and possession of the Plaintiff.
4, Based upon information and belief, Defendant Albert Patterson was the spouse of
Mary Patterson at the time of her death on February 10, 2012. Albert Patterson, if living, and if
deceased, his unknown spouse, heirs, executors, administrators, devisees, beneficiaries, trustees,
successors and assigns; and, any other unknown claimants to the Property, and each of them, are
claiming some right, title, interest and demand in, to, and upon the Property described in Paragraph
1 above, the exact nature of which is unknown to the Plaintiff, but which is junior and inferior to
the title and possession of the Plaintiff.
5, By way of Warranty Deed dated August 26, 1979, Defendants Albert and Mary
Patterson took ownership of the Property as husband and wife. Said Warranty Deed was recorded
on November 13, 1979 and is filed at Book 4662, Page 578 in the records of the Oklahoma County
Clerk.
6. Following the death of Mary Patterson, on June 6, 2014, an Affidavit of Surviving
Spouse was executed on behalf of Albert Patterson. Said Affidavit was recorded with the
Oklahoma County Clerk on June 12, 2014 at Book 12556, Page 615. Subsequent to the filing of
said Affidavit, Albert Patterson conveyed the Property to a purchaser and it has changed ownership
several times since with Plaintiff being the current owner.7. After Plaintiff took title to the Property, it was discovered that the August 26, 1979
Warranty Deed whereby Defendants received title was in fact a tenancy in common deed, not a
joint tenancy with rights of survivorship conveyance. In light of Mr. Patterson’s filing of the
Affidavit of Surviving Spouse which contains the statement “3. By virtue of the passing of Mary
Patterson, I am the surviving spouse, and now the sole owner of the property.”, Plaintiff alleges
that by virtue of mutual mistake and inadvertence, the parties to the deed conveying the Property
to the Pattersons intended that the Pattersons own the Property as joint tenants with rights of
survivorship, not as tenants in common.
8. Plaintiff therefore requests that this Court, due to mutual mistake and inadvertence of
the parties, reform, correct and declare the Warranty Deed dated August 26, 1979 whereby Albert
and Mary Patterson came into title, as a joint tenancy with rights of survivorship conveyance.
9. That the Defendants’ claims to any right, title, or interest in and to the Property, was
previously terminated upon the issuance of the aforementioned Quit Claim Deed to Plaintiff.
Plaintiff alleges and states that the Defendants have no interest therein, and this Court should enter
an order judicially removing any purported claims by such Defendants and any unknown claimants,
against the Property and quieting title thereto exclusively in the Plaintiff.
10. Furthermore, nothing in the record affirmatively indicates that any party affected by
these proceedings was or is in the military service and that compliance with the Soldier’s and
Sailor’s Civil Relief Act of October 17, 1940, as amended, is not necessary.
11. Plaintiff does not know, and with due diligence cannot ascertain the names, addresses,
or whereabouts of heirs, executors, administrators, devisees, beneficiaries, trustees, successors
and/or assigns of Albert Patterson, Mary Patterson, or any other unknown claims or claimants to
the subject Property, and with due diligence service of summons cannot be made upon said
3Defendants within or without the State of Oklahoma by any other method than publication service.
WHEREFORE, Plaintiff prays that the Court reform the deed described herein as requested
and that all Defendants be required to appear and answer and set out their rights, claims and
demands, if any, in and to said real estate, and that on final hearing Plaintiff be adjudged to be the
sole owner in fee simple of the real property as set out herein and that title be fully perfected as
against all Defendants, and each of them, and they and all persons holding under them be barred,
estopped and foreclosed from setting up or claiming any right, title or interest in, to, or upon said
real estate, and that the title of Plaintiff is good and valid and that Defendants have no estate or
interest in the real estate. Furthermore, the Plaintiff prays for any other relief that is available to
Plaintiff by law or in equity.
Respectfully submitted,
A. Kyté SMisher, O 16941
RUBENSTEIN & PITTS, P.L.L.C.
1503 5. 19" Street
Edmond, OK 73003
Telephone: (405) 340-1900
Facsimile: (405) 340-1001
kswisher@oklawpartners.com
ATTORNEY FOR PLAINTIFF
* VERIFICATION FOLLOWSVERIFICATION
STATE OF OKLAHOMA )
ss.
COUNTY OF OKLAHOMA )
The undersigned affiant, of lawful age, being first duly sworn on oath, deposes and states
that he is the attorney for the Plaintiff herein; that he is familiar with the contents of the foregoing
PETITION and the facts and matters therein contained are true and correct according to his best
information, knowledge and belief. C L Cr
A. KYLE SWISHER, OBA #16941
st
Subscribed and sworn to before me this at | day of A he 2020,
Llsg A PUBLIC A Mabe
My Commission Expires: a / 28 f Z 3 My Commission No.: Me. LO) #/
AUT
wt M4,
RTRICLg 2,
OK ARO
“1g KLARO NN
“Aoi
Preview
. NYO 5 +1046040520% IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA = #ILED IN 5 OKLAHC ISTRICT PROVIDENCE PROPERTY GROUP, LLC, JAN 81 7774 RICK Wapou, Cg HSN OBES V- 2020-238 Plaintiff, VS. ALBERT PATTERSON, and spouse, if any, if living, and if not, his respective heirs, executors, administrators, devisees, beneficiaries, trustees, successors and assigns; MARY PATTERSON, deceased, and her respective heirs, executors, administrators, devisees, beneficiaries, trustees, successors and assigns; and any other unknown claimants to the subject land, eee Defendants. PETITION COMES NOW, the Plaintiff, Providence Property Group, LLC, and for its cause of action against the above-named Defendants alleges and state as follows: 1. Plaintiff, an Oklahoma Limited Liability Company, is the owner of title in fee simple and is in possession of the following described real property (hereinafter referred to as the “Property”) located in Oklahoma County, State of Oklahoma, to-wit: All of Lots Twenty-nine (29) and Thirty (30), in Block Twenty-seven (27), of BLOCK 27 OF SHAW’S HEIGHTS ADDITION, an Addition to the City of Oklahoma City, Oklahoma County, Oklahoma, according to the recorded plat thereof. Also known as: 1533 N.W. 44" St, Oklahoma City, OK 73118. Accordingly, this Court has jurisdiction over the parties and subject matter of this action. Venue is proper in this Court. 2. The Plaintiff's claim of ownership in and to the above described Property is based upon a Quit Claim Deed executed on November 4, 2019 and filed of record with the Oklahoma County Clerk at Book 14179, Page 1141 on November 5, 2019.3. Based upon information and belief, Mary Patterson died February 10, 2012 and no record of a probate for her having been found; and her unknown heirs, executors, administrators, devisees, beneficiaries, trustees, successors and assigns; and, any other unknown claimants to the Property, and each of them, are claiming some right, title, interest and demand in, to, and upon the Property described in Paragraph | above, the exact nature of which is unknown to the Plaintiff, but which is junior and inferior to the title and possession of the Plaintiff. 4, Based upon information and belief, Defendant Albert Patterson was the spouse of Mary Patterson at the time of her death on February 10, 2012. Albert Patterson, if living, and if deceased, his unknown spouse, heirs, executors, administrators, devisees, beneficiaries, trustees, successors and assigns; and, any other unknown claimants to the Property, and each of them, are claiming some right, title, interest and demand in, to, and upon the Property described in Paragraph 1 above, the exact nature of which is unknown to the Plaintiff, but which is junior and inferior to the title and possession of the Plaintiff. 5, By way of Warranty Deed dated August 26, 1979, Defendants Albert and Mary Patterson took ownership of the Property as husband and wife. Said Warranty Deed was recorded on November 13, 1979 and is filed at Book 4662, Page 578 in the records of the Oklahoma County Clerk. 6. Following the death of Mary Patterson, on June 6, 2014, an Affidavit of Surviving Spouse was executed on behalf of Albert Patterson. Said Affidavit was recorded with the Oklahoma County Clerk on June 12, 2014 at Book 12556, Page 615. Subsequent to the filing of said Affidavit, Albert Patterson conveyed the Property to a purchaser and it has changed ownership several times since with Plaintiff being the current owner.7. After Plaintiff took title to the Property, it was discovered that the August 26, 1979 Warranty Deed whereby Defendants received title was in fact a tenancy in common deed, not a joint tenancy with rights of survivorship conveyance. In light of Mr. Patterson’s filing of the Affidavit of Surviving Spouse which contains the statement “3. By virtue of the passing of Mary Patterson, I am the surviving spouse, and now the sole owner of the property.”, Plaintiff alleges that by virtue of mutual mistake and inadvertence, the parties to the deed conveying the Property to the Pattersons intended that the Pattersons own the Property as joint tenants with rights of survivorship, not as tenants in common. 8. Plaintiff therefore requests that this Court, due to mutual mistake and inadvertence of the parties, reform, correct and declare the Warranty Deed dated August 26, 1979 whereby Albert and Mary Patterson came into title, as a joint tenancy with rights of survivorship conveyance. 9. That the Defendants’ claims to any right, title, or interest in and to the Property, was previously terminated upon the issuance of the aforementioned Quit Claim Deed to Plaintiff. Plaintiff alleges and states that the Defendants have no interest therein, and this Court should enter an order judicially removing any purported claims by such Defendants and any unknown claimants, against the Property and quieting title thereto exclusively in the Plaintiff. 10. Furthermore, nothing in the record affirmatively indicates that any party affected by these proceedings was or is in the military service and that compliance with the Soldier’s and Sailor’s Civil Relief Act of October 17, 1940, as amended, is not necessary. 11. Plaintiff does not know, and with due diligence cannot ascertain the names, addresses, or whereabouts of heirs, executors, administrators, devisees, beneficiaries, trustees, successors and/or assigns of Albert Patterson, Mary Patterson, or any other unknown claims or claimants to the subject Property, and with due diligence service of summons cannot be made upon said 3Defendants within or without the State of Oklahoma by any other method than publication service. WHEREFORE, Plaintiff prays that the Court reform the deed described herein as requested and that all Defendants be required to appear and answer and set out their rights, claims and demands, if any, in and to said real estate, and that on final hearing Plaintiff be adjudged to be the sole owner in fee simple of the real property as set out herein and that title be fully perfected as against all Defendants, and each of them, and they and all persons holding under them be barred, estopped and foreclosed from setting up or claiming any right, title or interest in, to, or upon said real estate, and that the title of Plaintiff is good and valid and that Defendants have no estate or interest in the real estate. Furthermore, the Plaintiff prays for any other relief that is available to Plaintiff by law or in equity. Respectfully submitted, A. Kyté SMisher, O 16941 RUBENSTEIN & PITTS, P.L.L.C. 1503 5. 19" Street Edmond, OK 73003 Telephone: (405) 340-1900 Facsimile: (405) 340-1001 kswisher@oklawpartners.com ATTORNEY FOR PLAINTIFF * VERIFICATION FOLLOWSVERIFICATION STATE OF OKLAHOMA ) ss. COUNTY OF OKLAHOMA ) The undersigned affiant, of lawful age, being first duly sworn on oath, deposes and states that he is the attorney for the Plaintiff herein; that he is familiar with the contents of the foregoing PETITION and the facts and matters therein contained are true and correct according to his best information, knowledge and belief. C L Cr A. KYLE SWISHER, OBA #16941 st Subscribed and sworn to before me this at | day of A he 2020, Llsg A PUBLIC A Mabe My Commission Expires: a / 28 f Z 3 My Commission No.: Me. LO) #/ AUT wt M4, RTRICLg 2, OK ARO “1g KLARO NN “Aoi