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MUSKOGEE COUNTY • CJ-2026-00080

Michael Alberty v. Jennifer Gaddy

Filed: Feb 13, 2026
Type: CJ

What's This Case About?

Let’s get one thing straight: this isn’t your typical “I forgot to pay the mortgage” story. No, this is a divorce decree turned mortgage horror show, where a former spouse’s promise to pay the house note turned into a fiery legal dumpster blaze—complete with unpaid taxes, missing insurance, and a $146,000 debt that someone, somehow, still expects to collect. And now? The house is on the chopping block, not because of a bank, but because one ex is suing the other like they’re strangers in a courtroom cage match. Welcome to Crazy Civil Court, where love dies, but liens live forever.

So who are these people? On one side, we’ve got Michael Alberty—the plaintiff, the lender, the guy holding the paper, and, according to court documents, the former husband of Jennifer Gaddy. They were married once, presumably said “for better or worse” at some point, and then—plot twist—got divorced in December 2023 in Cherokee County, Oklahoma. That divorce, Case No. FD-2023-126, wasn’t just about splitting up the toaster and deciding who keeps the dog. No, it came with a financial time bomb buried in Paragraph 8 of the Agreed Decree: Jennifer Gaddy would take over the family home at 211 N Edmond Street in Muskogee, and in exchange, she’d pay Michael Alberty $145,000 for it. Not all at once, of course—this isn’t a cash-in-a-suitcase situation. It was structured like a promissory note, the legal version of “I owe you,” with payments due over time. Think of it like an IOU with interest, signed, notarized, and filed with the court. Michael wasn’t the bank, but thanks to the divorce, he became the bank. And Jennifer? She became the borrower. A role she, apparently, did not enjoy.

Now, let’s talk about what happened. According to Michael’s petition, filed on February 11, 2026—exactly three years to the month after the divorce decree—Jennifer stopped paying. Not just a little late. Not “I forgot to mail the check.” No, she defaulted. The first missed payment? February 15, 2024. That’s two years of nonpayment, folks. And not just one payment—many subsequent payments, as the filing dramatically puts it. By the time Michael sued, the balance owed had ballooned to $142,764, plus interest that ticks upward at $27.66 per day. That’s not chump change. That’s a new car every few years. And get this—Jennifer didn’t just ghost the mortgage. She also ghosted the property insurance. The divorce decree required her to keep it, but no proof of coverage for 2024 or 2025. That means the house—the very asset securing the debt—is sitting out there, uninsured. A tree could fall on it tomorrow, a raccoon could start a meth lab in the attic, and poof—no payout. Meanwhile, property taxes? Also unpaid. And who stepped in like a financially responsible superhero? Michael. He paid them—for 2023, 2024, and 2025—totaling $3,683. So now he’s not just owed the original debt, but also out of pocket for taxes on a house he doesn’t live in, doesn’t control, and, one assumes, doesn’t particularly want to own. This isn’t just a loan gone bad—it’s a full-blown property management nightmare.

So why are they in court? Because Michael wants out. He wants his money. And since Jennifer isn’t paying, he’s invoking the nuclear option: foreclosure. That’s right—Michael is trying to take the house back and sell it to recoup what he’s owed. Now, most foreclosures are filed by banks or mortgage companies, but here? It’s a private individual using a court-ordered promissory note as the legal weapon. The claim is straightforward: Jennifer broke the terms of the divorce agreement, failed to pay, failed to insure, failed to tax-pay, and now Michael is entitled to foreclose. He’s asking for a judgment in personam (that’s Latin for “against the person,” meaning Jennifer personally owes the money) and in rem (against the property itself). Translation: “You don’t pay? We take the house.” The court would then order the Muskogee County Sheriff to auction off the property, pay off the debt from the proceeds, and if there’s anything left, send it to the court. And if there’s not enough? Jennifer still owes the difference. Oh, and Michael wants attorney fees too, because of course he does—this is America, and someone’s gotta pay for the lawyer who wrote “per diem” three times in one petition.

Now, let’s talk about what he wants: $146,447. Is that a lot? Well, for a house in Muskogee, Oklahoma? It depends. The property is a sliver of a lot—220 feet of Lot 6 in Victory Place Addition. Not exactly a mansion on a hill. But $146k in today’s market? That’s not nothing. For context, the average home price in Muskogee County is around $150,000. So Michael isn’t asking for an insane sum—he’s asking for basically the full market value of the house, plus interest and fees. And remember, he’s already paid over $3,600 in taxes. So this isn’t some greedy overreach. It’s more like, “I’ve been the responsible adult in this situation for two years while you vanished, and now I want to be made whole.” He’s also asking for declaratory relief (a court saying, “Yes, this debt is valid”) and injunctive relief (a court order forcing action, like the sheriff selling the house). In plain English: “Judge, please confirm I’m not crazy, and make someone sell this house so I can get my money.”

Our take? The most absurd part isn’t the debt. It’s not even the fact that a divorce decree turned into a foreclosure filing. It’s that nobody insured the house. Imagine this: two exes, legally bound to each other through a financial agreement, and one of them just… stops caring. No insurance. No taxes. No payments. Meanwhile, the other ex is out of pocket, stressed, and now has to hire a lawyer named Justin Stout (yes, really) to sue her in court. It’s like a sitcom plot written by a mortgage broker. We’re not rooting for the money. We’re not even rooting for the house. We’re rooting for common sense. Did Jennifer think this would just go away? Did she assume Michael would keep paying forever? Or did she just… forget? Because if this were a true crime podcast, the real mystery wouldn’t be “Who defaulted?” It’d be “How do two adults reach this level of financial chaos and still think it’s fine?”

At the end of the day, this case isn’t about love or hate. It’s about paperwork. A divorce decree became a loan agreement, a loan became a default, and now a home could be sold off because one person didn’t treat a legally binding promise like, well, a legally binding promise. And while we’re not lawyers (we’re entertainers, remember?), we do know this: if your ex is holding the mortgage on your house, maybe—just maybe—don’t ghost the payments. Because the next time you see them? It might be in court, with a sheriff ready to sell your front door out from under you.

Case Overview

$146,447 Demand Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$146,447 Monetary
Injunctive Relief
Declaratory Relief
Plaintiffs
Defendants
Claims
# Cause of Action Description
- Foreclosure Petition for Foreclosure of mortgage on property located at 211 N Edmond Street, Muskogee, OK

Petition Text

739 words
IN THE DISTRICT COURT IN AND FOR MUSKOGEE COUNTY STATE OF OKLAHOMA MICHAEL ALBERTY, ) PLAINTIFF, ) vs. ) JENNIFER GADDY ) DEFENDANT. PETITION FOR FORECLOSURE COMES NOW the Plaintiff, Michael Albery, by and through counsel, Justin Stout, and for his cause of action against the Defendant above named, alleges and states as follows: 1. On the 5th day of December, 2023, the Defendant, Jennifer Gaddy, executed an Agreed Decree of Divorce filed in Cherokee County Case No. FD-2023-126. 2. Contained within said Decree, at Paragraph 8 on Page 4, are the terms of the Promissory Note for the Principle sum of $145,000 for the purchase of a home located at 211 N Edmond Street, Muskogee, OK, and legally described as follows: The East 220 feet of Lot 6 in Block 1 of VICTORY PLACE ADDITION to the City of Muskogee, according to the official plat thereof, Muskogee County, Oklahoma. 3. Plaintiff is the owner and holder of said Note and default has been made in the conditions thereof in that the forenamed Jennifer Gaddy has failed to pay the amount of said Note and has failed to make the payments when due as of February 15th, 2024, as well as many subsequent payments have not been made, and the Defendant is still in default as of this date. Plaintiff elects to declare the entire balance of $142,764.00 due, plus interest from February 15th, 2026, per diem at the rate of $27.66, and a reasonable attorney fee, all as provided in said Decree. 4. Plaintiff further alleges that by reason of such default he is entitled to a Judgment against the Defendant in the sum of $142,764.00 plus interest from February 15, 2026, interest per diem at the rate of $27.66 as well as a reasonable attorney fee, as provided in said Decree. 5. Pursuant to the terms of said Decree, Defendant was also required to acquire property insurance coverage, which she also has not done for 2024 or 2025. 6. Pursuant to terms of the Decree, Defendant was also ordered to pay all property taxes, which she also has not done. Petitioner paid said taxes in 2023, 2024, and 2025, in the total amount of $3,683.00, for which he seeks an additional judgment. WHEREFORE, Plaintiff, prays judgment in personam and in rem against the Defendant, in the sum of $146,447.00 plus interest from February 15th, 2026, the interest per diem at the rate of $27.66, costs of this action and for a reasonable attorney fee as provided in said Decree, and for further judgment foreclosing Defendant’s interest in the premises. Plaintiff further prays for an Order of Sale commanding the Sheriff of Muskogee County to advertise and sell, as upon execution, with appraisement the above described property and the proceeds of sale applied to the payment of, first, all costs including ad valorem taxes; second, the judgment of the Plaintiff, Michael Alberty, that any balance remaining to be paid into this Court; that the Defendant, be, and each and all, required to appear and by answer set forth their several claims of right, title, interest or estate in, lien or encumbrance on, and claims to the premises above described; that each and all claims of Defendants are adjudged and decreed to be without foundation in fact and in law and voided and canceled and that the Defendants, each and all of them, be wholly excluded from said premises; and that the title to said premises and possession thereof be quieted and forever set at rest in the purchasers at said foreclosure sale and that said Defendants, each and all of them, and all persons claiming or to claim said premises or any part thereof, by, through or under said Defendants, or any of them, are perpetually enjoined from in any manner setting up or asserting any claim or right, title interest or estate in, or lien or encumbrance on or claim to said premises or right of redemption therein or any part thereof, and for all costs of this action and for all other relief to which the Plaintiff may be entitled in the premises. Respectfully submitted, Justin Stout, OBA No. 19581 WRIGHT, STOUT & WILBURN, PLLC 300 W Broadway Muskogee, OK 74401 Telephone(918) 682-0091 [email protected] STATE OF OKLAHOMA ) COUNTY OF MUSKOGEE ) SS: Michael Alberty, the petitioner above named, being duly sworn upon oath states: That he has read the foregoing petition and knows the contents thereof, and that the statements therein contained are true and correct to the best of his knowledge and belief. MICHAEL ALBERTY Subscribed and sworn to before me this 11TH day of February, 2026. NENA DANIELLE LAFAYE NOTARY PUBLIC
Disclaimer: This content is sourced from publicly available court records. Crazy Civil Court is an entertainment platform and does not provide legal advice. We are not lawyers. All information is presented as-is from public filings.