IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA
BRUCE A. HANCOCK, JR., Plaintiff,
v.
WELLS FARGO BANK, N.A.,
d/b/a Wells Fargo Home Mortgage;
TODD PARRISH, individually and as Personal Representative of the Estate of Ida J. Parrish;
NATIONS TITLE AGENCY OF OKLAHOMA CITY, INC.;
RONALD "SKIP" KELLY, individually and in his capacity as attorney for the Personal Representative;
and DOES 1–10,
Defendants.
COMPLAINT AND PETITION FOR DECLARATORY RELIEF, QUIET TITLE, WRONGFUL FORECLOSURE, FRAUD, NEGLIGENCE, BREACH OF FIDUCIARY DUTY, CIVIL CONSPIRACY, OKLAHOMA CONSUMER PROTECTION ACT VIOLATIONS, CONSTRUCTIVE FRAUD, RECORDING OF VOID INSTRUMENTS, AND PUNITIVE DAMAGES
Plaintiff Bruce A. Hancock, Jr., appearing pro se, alleges as follows:
I. JURISDICTION AND VENUE
This Court has subject matter jurisdiction pursuant to Article VII of the Oklahoma Constitution and 12 O.S. §2001.
This action is brought pursuant to 12 O.S. §1141, authorizing actions to determine adverse claims to real property and to quiet title.
Venue is proper pursuant to 12 O.S. §131 because the subject property is located in Oklahoma County.
The real property at issue is legally described as:
South Twenty-Five Feet (S/25') of Lot Four (4) and the North Forty-Five Feet (N/45') of Lot Five (5), Block Sixteen (16), Park Estates Eleventh (11th) Addition, Oklahoma County, Oklahoma.
Commonly known as: 5513 N. Terry Avenue Oklahoma City, Oklahoma 73111
This action arises from defective transfers originating from Probate Case No. PB-2005-182, Estate of Ida J. Parrish. Plaintiff does not seek to reopen the probate estate but instead seeks equitable relief removing clouds on title created without lawful probate authority.
II. PARTIES
Plaintiff Bruce A. Hancock, Jr. is an heir and beneficiary of the Estate of Ida J. Parrish.
Defendant Todd Parrish served as Personal Representative of the estate and owed fiduciary duties to the heirs.
Defendant Ronald “Skip” Kelly served as attorney for the Personal Representative.
Defendant Nations Title Agency of Oklahoma City, Inc. acted as title and settlement agent for the transaction.
Defendant Wells Fargo Bank, N.A. claims a mortgage interest derived from the defective probate transfer.
Defendants DOES 1-10 are unknown parties who participated in or benefited from the conduct alleged herein.
III. FACTUAL ALLEGATIONS
A. Probate Proceedings and Lack of Confirmation
The Estate of Ida J. Parrish was opened in Oklahoma County District Court as PB-2005-182. A review of the probate docket reveals that no Order Confirming Sale and no Final Decree of Distribution were ever entered authorizing transfer of the subject property.
Under Oklahoma probate law, including 58 O.S. §§421 and 426, title to estate property does not pass until a probate court confirms the sale.
Because no confirmation order exists, legal title never left the estate.
B. Unauthorized Transfer
On January 3, 2006, Defendant Todd Parrish executed a deed transferring estate property to Carl Parrish. The deed identifies the grantor as:
"The Estate of Ida Parrish, Deceased, Todd Parrish, Administrator."
The deed was recorded January 18, 2006 in the Oklahoma County land records.
The deed contains no reference to any probate court confirmation order.
The transfer therefore occurred without lawful authority and constitutes self-dealing and breach of fiduciary duty. The deed is therefore void ab initio.
C. Concealed Bankruptcy
At the time of the transfer, Defendant Todd Parrish was a debtor in an active bankruptcy proceeding. This bankruptcy status was not disclosed to the Probate Court or heirs.
The concealment prevented oversight by the bankruptcy trustee and constitutes fraudulent concealment.
D. Irregularities on the Face of the Deed
The January 3, 2006 deed contains several irregularities visible on the face of the instrument.
The year of execution appears altered from “2005” to “2006,” suggesting the document may have been modified after preparation.
The deed further instructs that the recorded instrument be returned to:
Nation’s Title
5715 N. Western Ave., Suite G
Oklahoma City, Oklahoma
This instruction indicates that Nations Title Agency participated in preparing and processing the deed. The deed states consideration of $10.00 and other valuable consideration, while separately referencing a purchase price of approximately $90,000.00. These irregularities further demonstrate that the transaction did not occur through a properly supervised probate sale confirmed by the court.
E. Attorney and Title Company Participation
Upon information and belief, Ronald “Skip” Kelly and/or Nations Title prepared, reviewed, or facilitated the deed.
Both had an independent duty to verify that the Personal Representative possessed lawful authority to convey estate property.
By facilitating the transfer without confirmation of sale, these Defendants caused the recording of a void instrument.
F. Wells Fargo Mortgage Derived From Void Transfer
Wells Fargo claims a mortgage interest derived from the defective probate transfer.
Wells Fargo accepted assignment of the mortgage in approximately 2008 but did not record the assignment until approximately 2009, creating a gap in the public chain of title. Because the underlying deed was void, the mortgage and assignments are likewise void or voidable.
G. Recorded Affidavit of Heirship
On April 15, 2024, Plaintiff recorded an Affidavit of Heirship. The instrument was recorded as:
Book 15725, Page 1688
Instrument No. 2024041501046182.
The recording placed the public on constructive notice of Plaintiff’s heirship interest.
H. Notice to Wells Fargo
Plaintiff notified Wells Fargo of the title defects through complaints submitted to the Consumer Financial Protection Bureau.
I. Foreclosure Filed Against Deceased Borrower
The alleged borrower Carl Parrish died March 19, 2024. Wells Fargo nonetheless filed foreclosure action CJ-2024-8340 against the deceased borrower. Additionally, filed foreclosure attempts CJ-2015-1253, CJ-2010-4997
J. Oklahoma Race-Notice Law
Oklahoma follows a race-notice recording system under 16 O.S. §16.
Wells Fargo cannot claim protection as a bona fide purchaser because its mortgage derives from a void probate transfer. Wells Fargo also had actual and constructive notice of title defects.
Accordingly, Wells Fargo’s claimed mortgage interest is not protected under Oklahoma recording law.
K. Discovery Rule
Plaintiff did not discover the absence of probate confirmation until March 27, 2024.
The defect constituted a latent title defect.
The statute of limitations was therefore tolled under the Discovery Rule and fraudulent concealment doctrine.
IV. CAUSES OF ACTION
COUNT I — DECLARATORY JUDGMENT
(Against All Defendants)
Plaintiff seeks a declaration that the 2006 deed and all derived mortgage interests are void.
COUNT II — QUIET TITLE (12 O.S. §1141)
(Against All Defendants)
Plaintiff seeks an order quieting title in favor of the Estate and heirs.
COUNT III — BREACH OF FIDUCIARY DUTY
(Against Todd Parrish)
COUNT IV — FRAUD AND FRAUDULENT CONCEALMENT
(Against Todd Parrish and Ronald Kelly)
COUNT V — PROFESSIONAL NEGLIGENCE / MALPRACTICE
(Against Ronald Kelly)
COUNT VI — NEGLIGENCE
(Against Nations Title)
COUNT VII — WRONGFUL FORECLOSURE
(Against Wells Fargo)
COUNT VIII — CONSTRUCTIVE FRAUD
(Against Wells Fargo)
COUNT IX — SLANDER OF TITLE / RECORDING VOID INSTRUMENTS
(Against Wells Fargo and Nations Title)
COUNT X — OKLAHOMA CONSUMER PROTECTION ACT
(Against Wells Fargo)
COUNT XI — CIVIL CONSPIRACY
(Against All Defendants)
V. DAMAGES
Plaintiff has suffered damages including:
• clouded title
• loss of inheritance rights
• legal expenses
Plaintiff seeks compensatory damages exceeding $10,000 and punitive damages under 23 O.S. §9.1.
VI. PRAYER FOR RELIEF
Plaintiff respectfully requests:
*Declaration that the 2006 deed and mortgage are void Quiet title in favor of the Estate and heirs
*Permanent injunction against foreclosure
*Compensatory damages
*Punitive damages
*Costs and other equitable relief
JURY TRIAL DEMANDED
Respectfully submitted,
Bruce A. Hancock, Jr.
Plaintiff, Pro Se
1501 N. Dressen Drive Apt. 1417
Moore, OK 73160
Phone No. (405) 812-4223
HEIRSHIP AFFIDAVIT SEE PB-2005-182
(Heirship of Carl G. Parrish Jr. Deceased)
STATE OF OKLAHOMA
COUNTY OF OKLAHOMA
BEFORE ME, the undersigned authority, on this day personally appeared Bruce A. Hancock Jr. ("AFFIANT") who is personally known to me (or, if not being personally known to me, did confirm his/her identity presenting [?] as identification (i.e. drivers license #), and appearing to be fully competent and of sufficient age, upon being duly sworn, stated upon Affiant's oath the following:
1. My name is Bruce A. Hancock Jr., and I live at 1501 N DRESSEN DRIVE #1417 MOORE OK 73160 (insert address of affiant's residence). I am personally familiar with the family and marital history of Carl G. Parrish Jr. ("Decedent"), and I have personal knowledge of the facts stated in this affidavit.
2. I knew decedent from 3-27-1967 (insert date) until 3-19-2024 (insert date). I was personally well acquainted with the named decedent during his/her lifetime.
3. The Decedent died on 3-19-2024 (insert date of death) at the following place of death: Oklahoma City (City), Oklahoma County (County), Oklahoma State (State) (insert place of death). At the time of decedent's death, decedent's residence address was 5613 N Terry Ave (Street), Oklahoma City (City), Oklahoma, 73111 (Zip).
4. I was well acquainted with the family and near relatives of the said decedent, and with all those who would under the laws of the State of Oklahoma, be his/her heirs. The following statements and the information contained herein, including my answers to named questions below, are based upon my personal knowledge and are true and correct.
QUESTION 1 - Did the decedent leave a will?
ANSWER: [ ] YES [X] NO
QUESTION 2 - If the decedent left a will, has the will been admitted to probate?
ANSWER: [ ] YES [X] NO [ ] NA. If YES, at what place, and when?
__________________ COUNTY, Oklahoma, ________________ CAUSE NUMBER
__________________ DATE
QUESTION 3 - If the decedent left no will, has an administrator or personal representative been appointed for the estate of said deceased?
ANSWER: [ ] YES [X] NO
QUESTION 4 - If an administrator or personal administrator has been appointed, give the County in which the proceedings are pending, and the name and address of the administrator or personal representative.
ANSWER:
County ____________________________
Cause No. _______________________
Name _____________________________
Address ____________________________
Telephone: _________________________
QUESTION 5 - Give the name and address of the surviving widow or widower of decedent.
ANSWER:
Name: MARKA PARRISH
Street Address: 1112 NE 44TH
City: OKLAHOMA CITY
State, Zip Code: OKLAHOMA 73117
If not living, date of death: December 30, 2023
QUESTION 6 - If the decedent was married more than once, give the name(s) of the former husband or wife, and state whether said former spouse is dead or divorced.
ANSWER:
FULL NAME
STATUS (dead or Divorced)
N/A
QUESTION 7 - Give the names and places of residence of all the surviving children of deceased, together with the other information called for:
ANSWER: (Give names of surviving children only)
Name: NIA
Street Address: NONE KNOWN
City:
State, Zip Code:
Date of Birth: NONE KNOWN
If not living, date of death:
Husband or Wife's Name:
Name:
Street Address:
City:
State, Zip Code:
Date of Birth:
If not living, date of death:
Husband or Wife's Name:
Name:
Street Address:
City:
State, Zip Code:
Date of Birth:
If not living, date of death:
Husband or Wife's Name:
Name:
Street Address:
City:
State, Zip Code:
Date of Birth:
If not living, date of death:
Husband or Wife's Name:
QUESTION 8 - Give the name and address of any deceased children of the decedent, together with the other information called for:
ANSWER: N/A NONE KNOWN
Name of Child: ________________________________
Date of Birth: _________________________________
Date of Death: ________________________________
Surviving Husband or Wife’s Name: NIA
Date of Death of Spouse, if applicable: ________________________________
Name of Child: ________________________________
Date of Birth: _________________________________
Date of Death: ________________________________
Surviving Husband or Wife’s Name: NIA
Date of Death of Spouse, if applicable: ________________________________
Name of Child: ________________________________
Date of Birth: _________________________________
Date of Death: ________________________________
Surviving Husband or Wife’s Name: NIA
Date of Death of Spouse, if applicable: ________________________________
Name of Child: ________________________________
Date of Birth: _________________________________
Date of Death: ________________________________
Surviving Husband or Wife’s Name: NIA
Date of Death of Spouse, if applicable: ________________________________
QUESTION 9 - Give the names and addresses of the children of any deceased son or daughter of the decedent:
ANSWER:
Name of Child: ________________________________
Address, if not living, date of death: NONE KNOWN
Date of Birth: _________________________________
Name of Father or Mother: _______________________
Name of Child: ________________________________
Address, if not living, date of death: __________________
Date of Birth: _________________________________
Name of Father or Mother: _______________________
Name of Child: ________________________________
Address, if not living, date of death: __________________
Date of Birth: _________________________________
Name of Father or Mother: _______________________
Name of Child:
Address, if not living, date of death: N/A
Date of Birth: N/A
Name of Father or Mother:
Name of Child:
Address, if not living, date of death: N/A
Date of Birth: N/A
Name of Father or Mother:
QUESTION 10 - Did the decedent have any adopted children, or step-children taken into his home?
ANSWER: [ ] YES [X] NO. If yes, provide their names, ages and addresses below:
Name: ____________________________
Street Address: ______________________
City: ________________________________
State, Zip Code: _____________________
Age: ________________________________
Name: ____________________________
Street Address: ______________________
City: ________________________________
State, Zip Code: _____________________
Age: ________________________________
Name: ____________________________
Address: ___________________________
Street Address: ______________________
City: ________________________________
State, Zip Code: _____________________
Age: ________________________________
QUESTION 11 - Did the decedent have any unpaid debts? ANSWER: [X] YES [ ] NO.
If yes, provide as nearly as possible the amount of the debt and creditor and whether such debt has since been paid.
CREDITOR AMOUNT OF DEBT HAS DEBT BEEN PAID?
(Yes or No)
Wells Fargo $ NO
Action Roofing & Contracting 4216.00+GST No.
? ?
? ?
$ $
QUESTION 12 - If the decedent left no children, then give below the names and addresses (together with other information called for), or his or her surviving father, mother, brothers, sisters:
ANSWER:
Brother
Name: Todd Parrish
Relationship: Brother
Age: 63 or 64
Street Address: 5513 N. Tierra
City, State, Zip Code: Oklahoma City OK 73111
Name: Yolanda Harris
Relationship: Niece
Age: 54
Street Address: 497 Tinker Diagonal Apt. 86
City, State, Zip Code: Oklahoma City OK 73129
Name: Theron Doyle Hancock
Relationship: Nephew
Age: 68
Street Address: 1001 Bissongret
City, State, Zip Code: Houston TX 77005
QUESTION 13 - If the decedent left no children, spouse, mother, father, brother or sister, state all other known relatives:
ANSWER:
Name: N/A
Relationship:
Age:
Street Address:
City, State, Zip Code:
If deceased, date of death:
Name:
Relationship:
Age:
Street Address: ____________________________
City, State, Zip Code: ______________________
If deceased, date of death: __________________
Name: _________________________________
Relationship: ___________________________
Age: __________________________________
Street Address: _________________________
City, State, Zip Code: ____________________
If deceased, date of death: __________________
Name: _________________________________
Relationship: ___________________________
Age: __________________________________
Street Address: _________________________
City, State, Zip Code: ____________________
If deceased, date of death: __________________
QUESTION 14: Did the decedent own any real estate in this state:
ANSWER: [X] YES [ ] NO
If yes, list:
Address or short description: 5518 N TERRY AVENUE OKC OK311
County: OKLAHOMA
Park Estates 11th Block 016, Lot 000
S ASP/LOT 4 + N 45
Address or short description: ____________________________
County: __________________
Address or short description: ____________________________
County: __________________
Address or short description: ____________________________
County: __________________
QUESTION 15: What is your relationship to the deceased?
ANSWER: Nephew (oldest)
DATED: APR'4 15, 2024
Respectfully Submitted;
Bruce A. Hancock Jr.
Petitioner
VERIFICATION
State of OKLAHOMA )
County of OKLAHOMA ) ss
I, Bruce A. Hancock Jr., of lawful age, being first duly sworn upon his/her oath, states, That he/she is the Petitioner in the above entitled cause of action; that he/she has read the above and foregoing document, knows the contents thereof, and says the same is true and correct, being solemnly affirmed, says that: The matters stated in the above Document are true to the affiant's knowledge.
Bruce A. Hancock Jr.
Petitioner
Subscribed and sworn to before me this 15th day of April, 2016.
My Commission Expires: 03/17/26
Notary Public
DANIEL CHESNEY
#2009748
STATE OF OKLAHOMA
Doc #2006004017
Bk 9978
Pg 1725-1725
DATE 01/10/06 13:11:15
Filing Fee $13.00
Documentary Tax $135.00
State of Oklahoma
County of Oklahoma
Oklahoma County Clerk
Carolynn Caudill
DEED
This indenture, made this 3 day of January 2005 between THE ESTATE OF IDA J. PARRISH, DECEASED; TODD PARRISH, ADMINISTRATOR, party of the first part, and between CARL PARRISH, A SINGLE PERSON party of the second part,
Witnesseth: That in consideration of the sum of $10.00 dollars and other good and valuable consideration, receipt of which is hereby acknowledged, said party of the first part do hereby grant, bargain, sell and convey unto said party of the second part, and her heirs and assigns forever, all of their right, title and interest in and to the tract of land lying and being in the County of OKLAHOMA State of Oklahoma, being more particularly described as follows, to-wit:
SOUTH TWENTY-FIVE FEET (S/25') OF LOT FOUR (4) AND THE NORTH FORTY-FIVE (N/45') OF LOT FIVE (5), BLOCK SIXTEEN (16), PARK ESTATES ELEVENTH (11TH) ADDITION, OKLAHOMA COUNTY, OKLAHOMA, AS SHOWN BY THE RECORDED PLAT THEREOF.
IMPROVEMENTS THEREON BEAR THE ADDRESS: 5513 N. TERRY, OKLAHOMA CITY, OK 73111
ADDRESS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
And the said party of the first part, for her heirs, executors and administrators, do covenant with the said party of the second part, her assigns, the survivor of said-party, and her heirs and assigns of the survivor forever, that they are well seized in fee of the lands and premised aforesaid and has good right to sell and convey the same in manner and form aforesaid, and that the same are free from all encumbrances, and will warrant and defend title to the same.
Signed and delivered this 3 day of January 2005
Todd Parrish, Administrator
State of Oklahoma)
County of Oklahoma)
Before me the undersigned, a notary Public in and for said county and state on this 3 day of January 2005, personally appeared Todd Parrish, Administrator to me known to be the identical person(s) who executed the within and foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above written.
Notary Public
My commission expires
After Recording Return to:
Nation's Title
5715 N. Western Ste.
OKC, OK 73118
The Oklahoma City Abstract & Title Co.
Attn: Second Mortgage Dept.
P.O. Box 280
Oklahoma City, OK 73101
Purchase Price $ 40,000.00
Doc Stamps $135.00
