CJ-2026-00009 - Brian Fernandez and Melissa Haskins v. Champion Home Builders Inc.

What's This Case About?

Let’s be real: you buy a house, you expect a roof over your head, not a full-body fungal infection. But for Brian Fernandez and Melissa Haskins of Sulphur, Oklahoma, their dream home turned into a toxic nightmare—a manufactured house so infested with mold it allegedly made them physically ill, emotionally wrecked, and financially drained. And now? They’re suing Champion Home Builders Inc. for $10,000, claiming the company sold them a death trap disguised as a cozy manufactured home on Delores Drive. Spoiler: it wasn’t just a leaky faucet. It was a full-blown biohazard.

So who are these people? Brian and Melissa aren’t reality TV villains or DIY disaster victims—they’re just two regular folks trying to live their best small-town lives in Murray County. They bought a manufactured home (not a fixer-upper, not a project, just a home) from Champion Home Builders Inc., a big-name player in the prefab housing game. You’d think that with a corporate builder comes some level of quality control—like, say, not selling a house already colonized by toxic mold. But according to the petition, that’s exactly what happened. The relationship started simple: buyer meets builder, signs paperwork, moves in. But instead of settling into domestic bliss, Brian and Melissa say they were thrust into a horror story starring black mold, crumbling foundations, and a company that allegedly ghosted them when they asked for help.

Here’s how it went down. The couple moved into 6869 Delores Drive, Sulphur, Oklahoma—charming name, less charming reality. At first, maybe it was just a musty smell. A damp corner. The kind of thing you blame on Oklahoma humidity. But then came the health issues. Coughing. Fatigue. Unexplained rashes. The kind of symptoms that make you Google “am I being slowly poisoned?” (Spoiler: they might have been.) By September 2024, they’d had enough. They called in two independent mold testing agencies—because one test could be a fluke, but two? That’s a pattern. And both came back with the same terrifying verdict: yes, your house is teeming with toxic mold. Not just a little spore here or there. We’re talking full-on fungal infestation, likely thriving thanks to structural defects like water intrusion and foundational flaws that Champion allegedly either ignored or never fixed.

Now, you’d think the builder would jump into action. “Oh no! Our bad! Let’s remediate!” But according to the filing, Champion didn’t lift a finger. The couple complained. They pointed to the defects. They showed the test results. And the response? Crickets. Or worse—indifference. Which is how you go from “homeowner with a problem” to “plaintiff in a six-count lawsuit.” Because when your house is literally making you sick and the company that sold it to you won’t fix it, you don’t just throw in the towel. You throw down a legal petition.

So why are they in court? Let’s break it down like we’re explaining it to a very confused jury member who just wanted free snacks. First up: negligence. Brian and Melissa are saying, “Hey, you built this house. You should’ve known it was a mold factory. You had a duty to warn us, inspect it, and keep it safe. You didn’t. Now we’re injured.” That’s negligence 101, folks. Then comes breach of contract—basically, “We paid for a livable home. This is not livable. Where’s the product you promised?” It’s like ordering a car and getting a go-kart with no engine. You were sold a home, not a hazmat zone.

Next, the implied warranty of habitability—a fancy way of saying, “Every home comes with an unspoken guarantee that it won’t kill you.” Surprise! This one might have. Then there’s implied warranty of merchantability, which sounds like corporate jargon but really just means, “This thing should work like a normal house.” A house that leaks, rots, and grows mold like it’s auditioning for The Last of Us? Not merchantable. Not even close.

Then it gets spicy. Nuisance—yes, that’s a legal term. It means the home isn’t just broken; it’s actively ruining their lives. Imagine trying to sleep while your walls are breathing spores. That’s not just inconvenient—it’s a legal nuisance. And finally, constructive eviction, which is a wild one: it means the home became so unbearable that they were forced to leave, even if they didn’t technically get kicked out. It’s like being evicted by mold. Nature’s landlord from hell.

So what do they want? $10,000. That’s not a fortune in the legal world. No seven-figure demand. No call for a lifetime supply of air purifiers. Just $10,000 to cover medical bills, ruined belongings, emotional distress, and the sheer indignity of living in a house that betrayed them. Is that a lot? For a corporation like Champion Home Builders? Probably less than the cost of one executive’s lunch. But for Brian and Melissa? That’s therapy, doctor visits, replacing furniture they had to throw out, and maybe, just maybe, a hotel room where the walls don’t smell like wet gym socks.

And here’s our take: the most absurd part isn’t even the mold. It’s the audacity of selling a home—especially a manufactured one, where every inch is supposed to be factory-checked—and then pretending the problem started after the sale. These aren’t homeowners who flooded their basement with a DIY pool. They’re people who followed the rules, bought a home from a professional builder, and got handed a health hazard. And when they said, “Hey, this is dangerous,” the response was radio silence? That’s not just bad customer service. That’s a moral failure wrapped in a legal disaster.

We’re not saying Champion Home Builders definitely did anything wrong—these are allegations, after all. But come on. Two mold tests. Structural defects. A couple suffering permanent and progressive injuries? And the builder does nothing? That’s not just negligent. That’s the kind of corporate shrug that makes people lose faith in the whole system. We’re rooting for Brian and Melissa not because they want $10,000, but because they’re demanding basic accountability. A home should be a sanctuary, not a lawsuit waiting to happen. And if Champion did sell a mold-ridden death box, then this case isn’t petty. It’s overdue.

Jury trial demanded. Popcorn ready. Let the spore wars begin.

Case Overview

$10,000 Demand Jury Trial Petition

Jurisdiction

District Court of Murray County, Oklahoma

Filing Attorney

Tom M. Cummings

Relief Sought

$10,000 Monetary

$1 Punitive

Plaintiffs

Brian Fernandez and Melissa Haskins individual
Rep: Tom M. Cummings

Defendants

Champion Home Builders Inc. business

Claims

#	Cause of Action	Description
1	negligence	Plaintiffs claim Defendant failed to notify them of the risk of toxic mold and foundational issues in the home, leading to permanent injuries and damages.
2	breach of contract	Plaintiffs claim Defendant breached the contract for the sale of the home by failing to provide a safe and habitable dwelling.
3	breach of implied warranty of habitability	Plaintiffs claim Defendant breached the implied warranty of habitability by selling a home that was not safe to inhabit.
4	breach of implied warranty of merchantability	Plaintiffs claim Defendant breached the implied warranty of merchantability by selling a defective home that was not fit for its purpose.
5	nuisance	Plaintiffs claim Defendant created a nuisance by manufacturing and delivering a defective home with mold contamination and other defects.
6	constructive eviction	Plaintiffs claim Defendant constructively evicted them from their home by making it uninhabitable due to mold contamination and other defects.

Petition Text

1,320 words

IN THE DISTRICT COURT OF MURRAY COUNTY STATE OF OKLAHOMA BRIAN FERNANDEZ and MELISSA HASKINS, Plaintiffs, vs. CHAMPION HOME BUILDERS INC., Defendant. PETITION COMES NOW THE PLAINTIFFS Brian Fernandez and Melissa Haskins, and for their causes of action against the Defendants allege and state the following: JURISDICTION & VENUE 1. The Plaintiffs are citizens and residents of Murray County, Oklahoma, the Defendant Champion Home Builders Inc., is a foreign for profit business corporation registered in Oklahoma to receives service and is in good standing. 2. All acts complained of occurred in Murray County and this Court has jurisdiction over the subject matter and partied hereto and venue is properly laid in Murray County. 3. The Plaintiffs at all relevant times have been residing at their home, sold by Defendant, Champion Home Builders Inc., at the property located at: 6869 Delores Dr. Sulphur, OK 73086. STATEMENT OF FACTS 4. At all relevant times, the Defendant Champion Home Builders Inc., has been the managing agent and owner of the property listed above. All acts complained of are related to the actions of the Defendant and/or were performed by the Defendant or an agent of the Defendant. 5. The home was sold to the Plaintiffs by the Defendant, specifically 6869 Delores Dr. Sulphur, OK 73086, was contaminated with toxic mold. 6. The Plaintiffs complained to the Defendant of the conditions, the presence of toxic mold caused by a litany of defects within the homes structure, but Defendant refused to properly remedy the dangerous living conditions. 7. In September 2024, the Plaintiffs had her home tested for toxic mold twice by two different testing agencies. Both test results came back with results that positively show the presence of various toxic molds in the Plaintiffs’ home. 8. The Defendant owed the Plaintiffs a duty to provide them a safe place to live when they purchased the manufactured home from them and had a duty to inspect the said property for toxic mold and housing defects that could cause the growth of toxic mold. Further, Defendant has a continuous duty to remove any toxic mold from the said manufactured home if any existed there prior to Plaintiffs purchasing said home. 9. The Defendant failed to perform their duties towards the Plaintiffs to provide them with a safe place to live, to inspect the said premises for toxic mold, to remove any toxic mold that may have existed in the manufactured home, and to correct and foundational defects in the home that could lead to the growth of mold in the home. 10. As a direct and proximate result of the negligence of the Defendant as foresaid, the Plaintiffs have suffered permanent and progressive physical injuries, mold infestation and infection, medical expenses, property damages from being required to discard and/or destroy their mold infested personal property, physical, mental and emotional pain and suffering the loss of enjoyment of life, all to their damage in excess of $10,000.00 FIRST CAUSE OF ACTION: NEGLIGENCE 11. Plaintiffs incorporate and recapitulates paragraphs one (1) through eleven (11) herein by reference. 12. Defendant never notified Plaintiffs of the fact that there was any risk that Plaintiffs’ purchased home would have toxic mold on the premises, or foundational issues that would create toxic mold. 13. Plaintiffs did not know or have any reason to know that said home was contaminated with toxic mold until she had the home tested multiple times in September of 2024. 14. When the parties entered into the purchase agreement for the manufactured home, Defendant either knew that the property was contaminated with toxic mold and/or that the property had structural and foundational issues to create toxic mold OR Defendant had good reason or should have known that the said home already had toxic mold or would incur toxic mold before the purchase by Plaintiffs. 15. Defendant breached its said duties to Plaintiffs as set out in the preceding paragraph. 16. As a direct and proximate result of Defendant’s breach of its duties to Plaintiffs as aforesaid, Plaintiffs have suffered permanent, painful and progressive injuries, has had a chronic inflammatory response to the mold and can expect to suffer such injuries in the future, has incurred medical expenses and can be expected to incur medical expenses in the future and has suffered physical, mental and emotional pain and suffering and can be expected to suffer similar mental and emotional pain and suffering in the future, all to their damage in excess of Ten Thousand Dollars ($10,000.00). 17. The actions of Defendant were in reckless disregard of the rights of Plaintiff, and were so careless and dangerous as to constitute willful and wanton behavior, by reason of which Plaintiffs are entitled to an award of punitive damages against Weidner. SECOND CAUSE OF ACTION: BREACH OF CONTRACT 18. Plaintiffs incorporate and recapitulates paragraphs one (1) through eighteen (18) herein by reference. 19. Plaintiffs entered into a contract with Defendant for the purpose of buying the said manufactured home. 20. The said contract for the home contemplated that the Plaintiffs’ home would be safe and habitable. 21. Defendant breached the said agreement, by reason of which Plaintiffs are entitled to the damages set out herein. THIRD CAUSE OF ACTION: BREACH OF IMPLIED WARRANTY OF HABITABILITY 22. Plaintiffs incorporate and recapitulates paragraphs one (1) through twenty-two (22) herein by reference. 23. Defendant has breached its implied warranty of habitability since the purchased home by Plaintiffs, which was manufactured and sold by Defendant, was not safe to inhabit. 24. As a direct and proximate result of Defendant’s breach of its implied warrant of habitability, the Plaintiffs have suffered permanent injuries as a response to the mold and can expect to suffer such injuries in the future, has incurred medical expenses and can be expected to incur medical expenses in the future and has suffered physical, mental and emotional pain and suffering and can be expected to suffer similar mental and emotional pain and suffering in the future, all to their damages in excess of Ten Thousand Dollars ($10,000.00). FOURTH CAUSE OF ACTION: BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY 25. Plaintiffs incorporate and recapitulates paragraphs one (1) through twenty-five (25) herein by reference. 26. The manufactured home is considered a good, which were sold by a merchant (Defendant). 27. Defendant is a merchant in the business of manufacturing and selling the alleged defect good herein. 28. The good “home” was not merchantable due to the foundational and structural defects, these defects, the subsequent mold tastings, and the housing inspections outlining the houses defects make the home not fit for its particular purpose. Additionally, the home would not be accepted through community standards. 29. Defendant breached the said warranty, by reason of which Plaintiffs are entitled to the damages set out herein. FIFTH CAUSE OF ACTION: NUISANCE 30. Plaintiffs incorporate and recapitulates paragraphs one (1) through thirty (30) herein by reference. 31. The actions or lack of actions from Defendant constitute nuisance, since these actions or omissions substantially and unreasonably interfered with Plaintiffs’ use and enjoyment of their property. 32. Defendant manufactured and delivered a defective home with mold contamination and an abundance of other home defects that could likely and did lead to further mold infestation. Including but not limited to; water intrusion, electrical defects and hazards, and structural defects. 33. Defendant failed to remedy known defects and issues brought to their attention by Plaintiffs. 34. Defendant has created said nuisance, by reason of which Plaintiffs are entitled to the damages set out herein. SIXTH CAUSE OF ACTION: CONSTRUCTIVE EVICTION 35. Plaintiffs incorporate and recapitulates paragraphs one (1) through thirty-five (35) herein by reference. 36. Defendant has constructively evicted Plaintiffs from their home due to the home being inhabitable. 37. Plaintiffs have suffered physical, mental, emotional, and financial damages as a result of being constructively evicted. WHEREFORE, PREMISES, CONSIDERED, the Plaintiffs prays for judgment against the Defendant in the amount in excess of $10,000.00, for their costs, including reasonable attorney’s fee, for applicable interest thereon, and for all other just and equitable relief to which they may be entitled. Respectfully Submitted, TOM M. CUMMINGS, OBA #2089 701 NW13th Street Oklahoma City, OK 73103-2206 Tel: (405) 521-8900 Fax: (405) 604-9054 E-mail: [email protected] ATTORNEY FOR PLAINTIFFS JURY TRIAL DEMANDED ATTORNEY'S LIEN CLAIMED