BancFirst v. Nora Gonzalez Franklin

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA BANCFIRST, Plaintiff, v. NORA GONZALEZ FRANKLIN, Defendant PETITION COMES NOW the Plaintiff, BancFirst, (hereinafter “Plaintiff”) and for cause of action against the Defendant alleges and states: 1. Unless you, within 30 days after receipt of this notice, dispute the validity of the debt, or any portion thereof, the debt will be assumed to be valid. If you notify the law office of LAMUN MOCK CUNNYNGHAM & DAVIS, P.C., in writing, within the 30 day period, that the debt, or any portion thereof, is disputed, said law office will obtain verification of the debt and mail a copy of the verification to you. Upon your written request within the 30 day period, the undersigned attorney for Plaintiff will also provide you with the name and address of the original creditor if different from the current creditor. 2. Plaintiff is a duly and legally organized business entity in the State of Oklahoma. The Court has jurisdiction over the parties and the subject matter. Venue is proper. 3. Defendant for valuable consideration received, entered into a Note, Disclosure and Security Agreement (hereinafter “contract”) promising to pay the Plaintiff or Plaintiff's assignor. A copy of the contract is attached hereto as Exhibit “A” and made a part hereof. 4. Defendant defaulted on the contract with Plaintiff, which after all due and just credits applied and after demand, there remains due, owing, and unpaid, a principal amount of $16,914.03 as of January 13, 2026. WHEREFORE, the Plaintiff prays for Judgment against the Defendant, Nora Gonzalez Franklin in the sum of $16,914.03 as of January 13, 2026, and continuing to accrue at the contract rate of 12.051%, post-judgment interest, all court costs and fees, a reasonable attorney's fee, and for such other and further relief as this Court may find equitable, just and proper. Respectfully Submitted, Kelly M. Parker, OBA #22673 Lamun Mock Cunningham & Davis, P.C. 5621 N. Classen Boulevard Oklahoma City, OK 73118 Telephone: (405) 840-5900 Fax: (405) 842-6132 [email protected] Attorney for Plaintiff ATTORNEY'S LIEN CLAIMED THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTE, DISCLOSURE AND SECURITY AGREEMENT <table> <tr> <th>Principal</th> <th>Loan Date</th> <th>Maturity</th> <th>Loan No</th> <th>Call / Coll</th> <th>Account</th> <th>Officer</th> <th>Initials</th> </tr> <tr> <td>$59,684.00</td> <td>05-10-2023</td> <td>05-24-2030</td> <td>4042912170</td> <td>6C / 23</td> <td></td> <td>***</td> <td></td> </tr> </table> References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "****" has been omitted due to text length limitations. Borrower: Nora G. Gonzalez Franklin 4821 NW 74th St Oklahoma City, OK 73132-5312 Lender: BANCFIRST OKC-WILSHIRE 7901 NORTH MACARTHUR PO BOX 26788 OKLAHOMA CITY, OK 73126 (405) 270-1000 <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of my credit as a yearly rate.</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost me.</th> <th>Amount Financed<br>The amount of credit provided to me or on my behalf.</th> <th>Total of Payments<br>The amount I will have paid after I have made all payments as scheduled.</th> </tr> <tr> <td>12.051%</td> <td>$29,320.76</td> <td>$59,584.00</td> <td>$88,904.76</td> </tr> </table> PAYMENT SCHEDULE. My payment schedule will be 84 monthly payments of $1,058.39 each, beginning June 24, 2023. PROPERTY INSURANCE. I may obtain property insurance from anyone I want that is acceptable to Lender. If I get the VSI insurance from Lender, I will pay $30.00. SECURITY. I am giving a security interest in the goods or property being purchased. LATE CHARGE. If a payment is 15 days or more late, I will be charged $29.00. However, Lender may charge the maximum delinquency charge authorized by law as it may be increased during the term of this loan. PREPAYMENT. If I pay off early, I will not be entitled to a refund of the prepaid finance charges, and I will not have to pay a penalty. I will look at my contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds. Amount Financed Itemization <table> <tr> <th>Amount paid to others on my behalf:</th> <td>$65,989.00<br>Lender may retain a portion of certain of these amounts.<br>$65,989.00 to Sight Draft; Smicklas Chevrolet</td> </tr> <tr> <td>Other Charges Financed:</td> <td>$40.00</td> </tr> <tr> <td>$30.00 VSI Premium<br>$10.00 Lien Entry Fee</td> <td></td> </tr> <tr> <td>Total Financed Prepaid Finance Charges:</td> <td>$100.00</td> </tr> <tr> <td>Other Funds Contributed:</td> <td>(-$6,445.00)</td> </tr> <tr> <td>$6,445.00 Non-Loan Funds Contributed By/For Borrower</td> <td></td> </tr> <tr> <td>Note Principal:</td> <td>$59,684.00</td> </tr> <tr> <td>Prepaid Finance Charges:</td> <td>$100.00</td> </tr> <tr> <td>Financed: $100.00 Documentation Fee</td> <td>$100.00</td> </tr> <tr> <td>Amount Financed:</td> <td>$59,584.00</td> </tr> </table> Principal Amount: $59,684.00 Interest Rate: 11.990% Date of Agreement: May 10, 2023 PROMISE TO PAY. I ("Borrower") promise to pay to BANCFIRST ("Lender"), or order, in lawful money of the United States of America, the principal amount of Fifty-nine Thousand Six Hundred Eighty-four & 00/100 Dollars ($59,684.00), together with interest on the unpaid principal balance from May 10, 2023, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an interest rate of 11.990% per annum, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. I will pay this loan in 84 payments of $1,058.39 each payment. My first payment is due June 24, 2023, and all subsequent payments are due on the same day of each month after that. My final payment will be due on May 24, 2030, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to any escrow or reserve account payments as required under any mortgage, deed of trust, or other security instrument or security agreement securing this Note; then to principal; then to any late charges; and then to any unpaid collection costs. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. All payments must be made in U.S. dollars and must be received by Lender consistent with any written payment instructions provided by Lender. If a payment is made consistent with Lender's payment instructions but received after 5:00 PM on a business day, or received any time on a weekend, or received any time on a legal public holiday, Lender will credit my payment on the next business day. INTEREST CALCULATION METHOD. Interest on this Agreement is computed on a 365/365 simple interest basis: that is, by applying the ratio of the interest rate over the number of days in a year (365 during leap years), multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All Interest payable under this Agreement is computed using this method. PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded to me upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full", "without recourse", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: BANCFIRST, OKC-WILSHIRE, 7901 NORTH MACARTHUR, PO BOX 26788, OKLAHOMA CITY, OK 73126. LATE CHARGE. If a payment is 15 days or more late, I will be charged $29.00. However, Lender may charge the maximum delinquency charge authorized by law as it may be increased during the term of this loan. INTEREST AFTER DEFAULT. If Lender declares my entire loan immediately due after a default, or upon final maturity, then the total sum due under this Agreement will accrue interest from the date of acceleration or maturity at the interest rate under this Agreement until paid in full. PROPERTY DESCRIPTION. The word "Property" as used in this Agreement means the following described property in which I am giving to Lender a security interest for the payment of the Indebtedness and performance of all other obligations under this Agreement: 2023 Chevrolet Silverado 1500 RST (VIN: 2GCUEDE6P1113187) In addition, the word "Property" also includes all the following: (A) All accessions, attachments, accessories, replacements of and additions to any of the property described herein (such as tires or batteries attached to a car, a motor attached to a boat, or appliances and fixtures attached to a mobile home), whether added now or later. (B) All products and produce of any of the property described in this Property section. (C) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, consignment or other disposition of any of the property described in this Property section. (D) All proceeds (including insurance proceeds) from the sale, destruction, loss, or other disposition of any of the property described in this Property section, and sums due from a third party who has damaged or destroyed the Property or from that party’s insurer, whether due to judgment, settlement or other process. (E) All records and data relating to any of the property described in this Property section, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all of my right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media. Despite any other provision of this Agreement, Lender is not granted, and will not have, a nonpurchase money security interest in household goods, to the extent such a security interest would be prohibited by applicable law. In addition, if Lender is required to give notice of the right to cancel under Truth-In-Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of me to Lender, then this Agreement shall not secure additional loans or obligations unless and until such notice and all material Truth-In-Lending disclosures are delivered. CROSS-COLLATERALIZATION. In addition to the loan covered by this Agreement, this Agreement secures all amounts I owe to Lender, whether owed now or later. This means that every loan I have now or obtain later with Lender is secured by this Agreement. This Agreement also secures all other amounts and obligations that I may owe to Lender (such as an overdraft on a checking account). However, this Agreement shall not secure any additional loans or obligations if doing so would cause such additional loan or obligation to be subject to the limitations on consumer credit extended to service members, their spouses, and their dependents as provided in 10 U.S.C. Section 987 and its implementing regulations. GRANT OF SECURITY INTEREST. To secure payment of the Indebtedness and performance of my obligations under this Agreement, I grant to Lender a security interest in all the Property described above. I understand that the following statements set forth my responsibilities, as well as Lender’s rights, concerning the Property. I agree as follows: REPRESENTATIONS AND PROMISES WITH RESPECT TO THE PROPERTY. I represent and promise to Lender that: Ownership. I am the lawful owner of the Property. The Property is free and clear of all liens, security interests, mortgages, claims, and encumbrances except for those I have disclosed to Lender in writing prior to my signing this Agreement. I agree to defend Lender’s rights in the Property against the claims and demands of all persons. I will not allow any other liens on the Property, even if they are junior to Lender’s lien. No Sale. Without Lender’s prior written consent, I will not sell, lease, transfer, borrow against, or otherwise dispose of any of my rights in the Property unless and until all the Indebtedness is paid in full. Location of the Property. Except for vehicles, I agree to keep the Property at my address shown above unless Lender tells me I can move it. If the Property is a vehicle, I will keep the Property at those addresses except for routine travel. I will not do anything that requires applying for a certificate of title for the Vehicle in another state. If I move from my address shown above to another location within the same state, I may move the Property to my new address, but only if I give Lender the new address in writing prior to my moving. In any event, I agree to keep Lender informed at all times of my current address. Maintenance and Insurance. I will keep the Property in good condition and repair. If the Property is damaged, lost or stolen, I immediately will inform Lender. I will keep the Property fully insured against all loss or damage by fire, theft, collision, and such other hazards as Lender may require from time to time. The insurance will be on terms, including deductible provisions and endorsements, that are satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender and not including any disclaimer of the insurer’s liability for failure to give such notice. I understand I may obtain insurance from any insurance company I may choose that is reasonably acceptable to Lender. I will provide Lender with the original insurance policy, or other proof satisfactory to Lender of the insurance coverage, together with all endorsements required by Lender, including an endorsement naming Lender as the party to whom all losses will be paid. Inspection. I agree that Lender or Lender’s agents shall have the right from time to time to inspect the Property wherever located. Financing Statements. I authorize Lender to file a UCC financing statement, or alternatively, a copy of this Agreement to perfect Lender’s security interest. At Lender’s request, I additionally agree to sign all other documents that are necessary to perfect, protect, and continue Lender’s security interest in the Property. I will pay all filing fees, title transfer fees, and other fees and costs involved unless prohibited by law or unless Lender is required by law to pay such fees and costs. I irrevocably appoint Lender as my attorney-in-fact to execute lien entry forms and documents necessary to transfer title if there is a default. Lender may file a copy of this Agreement as a financing statement. I will promptly notify Lender of any change to my name or the name of any individual Grantor, any individual who is a partner for a Grantor, and any individual who is a trustee or settlor or trustor for a Grantor under this Agreement. I will also promptly notify Lender of any change to the name that appears on the most recently issued unexpired driver’s license or state-issued identification card, any expiration of the most recently issued driver’s license or state-issued identification card for me or any individual for whom I am required to provide notice regarding name changes. LENDER’S EXPENDITURES. If I fail (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender’s interests in the Property, then Lender may, but is not required to, take any action that Lender believes to be appropriate to protect Lender’s interests and expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under this Agreement or at the highest rate authorized by law, from the date Incurred or paid by Lender to the date of repayment or maturity. All such expenses will become a part of the Indebtedness and, at Lender’s option, will (A) be payable on demand; (B) be added to the balance of this Agreement and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable Insurance policy; or (2) the remaining term of this Agreement; or (C) be treated as a balloon payment which will be due and payable at the Note’s maturity. The Agreement also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. If Lender is required by law to give me notice before or after Lender makes an expenditure, I agree that notice sent by regular mail at least five (5) days before the expenditure is made or notice delivered two (2) days before the expenditure is made is sufficient, and that notice within sixty (60) days after the expenditure is made is reasonable. DEFAULT. I will be in default if any of the following happens: Payment Default. I fail to make any payment when due under this Agreement. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Agreement or in any agreement related to this Agreement, or in any other agreement or loan I have with Lender. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. I die or become incompetent or insolvent, a receiver is appointed for any part of my property, I make an assignment for the benefit of creditors, or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective Collateralization. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Agreement is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Insecurity. Lender in good faith believes itself insecure. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness evidenced by this Note. Cure Provisions. If any default, other than a default in payment, is curable and if I have not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may be cured if I, after Lender sends written notice to me demanding cure of such default: (1) cure the default within twenty (20) days; or (2) if the cure requires more than twenty (20) days, immediately initiate steps which Lender deems in Lender's sole discretion be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. I may keep and use the Property so long as I am not in default under this Agreement. If I am in default, this is what Lender may do, in addition to any other rights Lender may have: Accelerate Indebtedness. Lender may declare all Indebtedness immediately due and payable, without notice. Other Rights and Remedies. In addition, Lender will have all the rights of a secured party under the Uniform Commercial Code and other applicable law. This means, among other rights, that Lender may enter upon the premises at the address shown above and take the Property peaceably and sell it. Lender may also, to the extent permitted by law, enter peaceably upon other premises for the purpose of retaking the Property, and I consent to such entry. If the Property contains any goods not covered by this Agreement at the time of repossession, I agree that Lender may take such goods, provided that Lender makes reasonable efforts to return them to me after repossession. If Lender asks me to do so, I will gather the Property and make it available to Lender at a place reasonably convenient to both Lender and me. Application of Proceeds. If Lender sells the Property, Lender will apply the "net proceeds" of the sale to reduce the amount owed Lender. "Net proceeds" means the sale price less the expenses of repossession, repair, sale, and as provided below, attorneys' fees and other collection expenses. I agree that, to the extent permitted by law, I will owe Lender any difference between the amount of the Indebtedness and the net proceeds Lender receives from the sale of the Property. Notice. Unless the Property threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender will give me, and other persons as required by law, reasonable notice of the time and place of any public sale or of the time after which any private sale or any other intended disposition of the Property is to be made. The requirements of reasonable notice shall be met if such notice is given at least ten (10) days before the time of the sale or disposition, except as otherwise required by applicable law. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else who is not Lender's salaried employee to help collect this Agreement if I do not pay. I will pay Lender that amount. This includes Lender's attorneys' fees, however not to exceed fifteen percent (15%) of the unpaid debt after default, and Lender's legal expenses, whether or not there is a lawsuit, including without limitation all attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Oklahoma without regard to its conflicts of law provisions. This Agreement has been accepted by Lender in the State of Oklahoma. DISHONORED ITEM FEE. I will pay a fee to Lender of $25.00 IF I make a payment on my loan and the check or other payment order including any preauthorized charge with which I pay is later dishonored. NEGATIVE INFORMATION NOTICE. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. ESCROW REQUIREMENT. Federal regulations and BancFirst require the establishment of an escrow account in relation to some home loans. If your loan is covered, you will open an escrow account at consummation and make scheduled payments to the account. Your property taxes and/or lender required insurance premiums, such as hazard insurance, will be paid from this account. For more information, please consult your mortgage lender. LENDER'S RIGHTS REGARDING FEES AND CHARGES. The late fee on this loan may increase, but will never be more than the maximum allowed by law. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. I may notify Lender if Lender reports any inaccurate information about my account(s) to a consumer reporting agency. My written notice describing the specific inaccuracy(ies) should be sent to Lender at the following address: BANCFIRST, OKC-WILSHIRE, 7901 NORTH MACARTHUR, PO BOX 28788, OKLAHOMA CITY, OK 73126. GENERAL PROVISIONS. If any part of this Agreement cannot be enforced, this fact will not affect the rest of the Agreement. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. I and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Agreement are joint and several. This means that the words "I", "me", and "my" mean each and all of the persons signing below. DEFINITIONS. The following words shall have the following meanings when used in this Agreement: Agreement. The word "Agreement" means this Note, Disclosure and Security Agreement, as this Note, Disclosure and Security Agreement may be amended or modified from time to time, together with all exhibits and schedules attached to this Note, Disclosure and Security Agreement from time to time. Borrower. The word "Borrower" means Nora G. Gonzalez Franklin, and all other persons and entities signing the Note. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means the Indebtedness evidenced by the Note or Related Documents, including all principal and interest together with all other indebtedness and costs and expenses for which I am responsible under this Agreement or under any of the Related Documents. Lender. The word "Lender" means BANCFIRST, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note. Note. The word "Note" means the note or credit agreement dated May 10, 2023, in the principal amount of $59,684.00 from Nora G. Gonzalez Franklin to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for the note or credit agreement. Property. The word "Property" means all of my right, title and interest in and to all the Property as described in the "Property Description" section of this Agreement. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guarantees, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. PRIOR TO SIGNING THIS AGREEMENT, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. I AGREE TO THE TERMS OF THE AGREEMENT. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS NOTE, DISCLOSURE AND SECURITY AGREEMENT. BORROWER: Signed: May 10, 2023 10:07 AM CDT Nora G. Gonzalez Franklin AKA Nora Gonzalez Franklin