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COTTON COUNTY • CJ-2025-00010

Donna Ketchum v. David L. Kosechata

Filed: Mar 10, 2025
Type: CJ

What's This Case About?

Let’s get straight to the wild part: a widowed woman is suing her neighbor — who still lives in her house — for $38,524 in unpaid property taxes and insurance, all because he stopped paying the bills after living there for six years like it was his own. And no, this isn’t some shady landlord-tenant drama — it’s way weirder. They had a handshake-on-paper deal where he thought he was buying the place, but legally? The deed never changed hands. So now she wants him out, the house sold, and every last penny of those tax bills covered — with interest. Welcome to the legal version of a yard sale gone nuclear.

Meet Donna Ketchum, a partially incapacitated widow living in Cotton County, Oklahoma — which, for the record, sounds like a place where time moves slower and property disputes get personal. Donna owns a modest little plot in the Walters Heights Addition, specifically Lots 19 and 20 at 516 S. Broadway, Walters. It’s not the Taj Mahal, but in small-town Oklahoma, it’s home — or at least it should be. Except Donna hasn’t lived there in years. Instead, her neighbor, David L. Kosechata, has been cozying up in her duplex since July 17, 2017, under what was supposed to be a “Contract for Deed” — a fancy legal term that basically means: You live here, pay us monthly, and one day, if you’re good, we’ll hand over the title. Think of it like layaway for houses. Only, unlike your Walmart TV, real estate doesn’t come with a grace period when you stop paying.

David wasn’t just casually renting — this was structured. He agreed to pay $264 a month, which doesn’t sound like much until you realize that amount was supposed to cover his path to ownership and include his responsibility for property taxes and insurance. That’s the key detail he seems to have ghosted on. For years, things chugged along. Checks were cashed. Grass was mowed. Neighbors waved. But then, in December 2023 — right around the time holiday spirit usually gives way to financial regret — David stopped paying. Cold turkey. No explanation, no negotiation, just silence. And not only did he skip the monthly payments, he also failed to pay two full years of advalorem taxes (that’s just a fancy way of saying “property taxes” — thanks, Latin), and he didn’t even bother keeping insurance on the house. So now, not only is Donna on the hook for thousands in taxes she didn’t agree to pay, but if the house burns down tomorrow? She’s holding the match and the bill.

Now, let’s pause and appreciate the absurdity: David has been living in this house for nearly seven years, treating it like his own, making payments like an owner — but legally, he isn’t the owner. The title still sits firmly in Donna’s name. That means she is ultimately responsible for the taxes, she is on the hook with the county, and she could lose the property if those bills go unpaid. Meanwhile, David gets to live there rent-free, uninsured, and apparently unbothered — unless, of course, Donna drags him into court, which… surprise, she did. On March 10, 2025, her attorney, David W. Hammond (yes, two Davids, no relation, we assume), filed a petition that basically says: “Enough. You broke the deal. I want my house back — or at least the money you owe.”

The lawsuit lays out two main legal arguments, wrapped in enough legalese to make your eyes glaze over — but here’s the plain English version. First, Donna wants to foreclose on the property. Wait — foreclose on her own house? That sounds backwards, but it’s actually a common move in contract-for-deed situations. Since David defaulted on his obligations (no payments, no taxes, no insurance), Donna is asking the court to treat him like a borrower who skipped out on a loan. She wants the court to order the house sold at a sheriff’s auction, use the money to cover what he owes, and then keep whatever’s left — if there’s anything left. Second, she wants the court to officially declare that David doesn’t have any real ownership rights here — just a broken promise. Because sometimes, people who live somewhere long enough start to feel like they own it, and courts have to step in and say, “Nope, feelings don’t count. Paperwork does.”

And what does Donna want? $38,524.59. That’s not a round number — it’s the kind of amount that comes from adding up years of unpaid taxes, insurance premiums, legal fees, and compound interest. Is that a lot for a house in Walters, Oklahoma? Depends. The median home value in Cotton County is around $100,000. So $38k isn’t chump change — it’s over a third of the property’s worth. It’s like if you borrowed a friend’s car, promised to pay for gas and insurance, then ditched both for two years and left it parked with a flat tire. When they come to collect, they’re not just asking for the gas money — they want the tow bill, the new tire, and a cleaning fee for the fast-food wrappers in the backseat.

But here’s the kicker: David might think he has a case. After all, he paid for nearly seven years. $264 a month for 84 months is over $22,000 — real money, especially in rural Oklahoma. He may argue he has an “equitable interest” in the property, meaning: I acted like an owner, I treated it like my home, I deserve some recognition. And sure, emotionally, that makes sense. But legally? Contracts are contracts. If you agree to pay taxes and insurance and you don’t, you’re in breach. It’s like signing up for a gym membership that includes a locker and towel service, then refusing to pay the towel fee — you can’t sue the gym for “emotional attachment” to the towels.

So what’s our take? The most absurd part isn’t the money, or the neighbor drama, or even the fact that two adults needed lawyers to settle what feels like a backyard disagreement. It’s that this whole mess could’ve been avoided with a simple conversation — or, better yet, a proper title transfer. But instead, we’ve got a widowed woman, already dealing with partial incapacitation, forced to sue her neighbor just to protect her own property. And David? He’s sitting in a house he doesn’t own, dodging taxes like a college student dodges rent, while the county inches closer to slapping a lien on the property — which would hurt Donna, not him.

We’re rooting for Donna, not because she’s flawless, but because she’s trying to clean up a system that failed her. She trusted a neighbor. She set up a deal that sounded fair. And now she’s the one chasing tax receipts and insurance policies like a debt collector. Meanwhile, David gets to play victim while living mortgage-free in a house he hasn’t technically earned. If this case teaches us anything, it’s this: in small towns, real estate deals should come with more than good intentions. They need lawyers, titles, and a healthy dose of “what if this all goes south?” Because in Cotton County, it just did.

Case Overview

$38,525 Demand Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$38,525 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 Foreclosure Foreclosure on real property located in Cotton County, Oklahoma
2 Determination of interest in real property Determination of interest in real property based on contract for deed agreement

Petition Text

617 words
IN THE DISTRICT COURT IN AND FOR COTTON COUNTY, STATE OF OKLAHOMA DONNA KETCHUM, THROUGH SYLVIA RICKETTS, Plaintiff, vs. DAVID L. KOSECHATA, Defendant. PETITION FOR FORECLOSURE COMES NOW, the Plaintiff, DONNA KETCHUM through SYLVIA RICKETTS, by and through their attorney David W. Hammond of the firm of Hammond & Archer, PLLC, of Duncan, Oklahoma, and for its cause of action against the Defendant alleges and states: 1. That the Plaintiff and Defendant both reside in Cotton County, Ok. 2. The Plaintiff is an individual that is partial incapacitated. She has appointed her mother, Sylvia Ricketts as her agent under a Power of Attorney 3. This cause of action involves the foreclosure on real property located in Cotton County, Ok. described as follows: Lots 19 and 20 , in block 16, in the Walters Heights Addition of the City of Walters Cotton County, Oklahoma : Address 516 S. Broadway in Walters , Ok. 73572 COUNT I 1. On or about the 17th day of July, 2017, the Plaintiff and the Defendant entered into a Escrow Contract for the purchase of the above described property. 2. Pursuant to the agreement, the Defendant agreed to pay for advalorem taxes and insurance. 3. The Defendant previously made monthly payments per the agreement in the amount of $264.00 per month. The Defendant stopped making monthly payments in December of 2023, and has made no payments since then. 4. The Defendant has also failed to pay advalorem taxes for 2023 and 2024. The Defendant has failed to provide proof of insurance on the home. COUNT II. 1. The Defendant may claim an equitable interest in the real property based on the contract for deed agreement. The Plaintiff requests that the property be foreclosed upon and sold at sheriffs sale and that the proceeds of same be used to pay the debt owed to the Plaintiff and the remaining funds if any to be paid as directed by the court. 2. There may be other occupants of the property that may claim an interest in the subject property and the Plaintiff is requesting that their interest be determined to be inferior to the Defendants interest. WHEREFORE, premises considered, Plaintiffs prays for judgment against the Defendant, David L. Kosechata, and Julia Kosechata in th principle sum of $38,524.59 and all past due interest. The Plaintiff is also requesting judgment for past due advalorem taxes and insurances costs; and a reasonable attorney fees and costs. The Plaintiffs also prays for judgment against the Defendants, requesting that the Court order and authorize foreclosure and sale of the subject property to satisfy the indebtedness herein and any relief the Court deems appropriate. The Plaintiff request that they be awarded a Judgement for a reasonable attorney fee and all costs of this action. Hammond & Archer, PLLC By:________David Hammond__________________________ David W. Hammond, OBA #12320 1102 W. Maple Duncan, Oklahoma 73533 Telephone (580) 252-9033 Facsimile (580) 252-6251 Attorney for Plaintiff VERIFICATION STATE OF OKLAHOMA ) COUNTY OF STEPHENS ) David W. Hammond, Attorney for Plaintiff, of lawful age and being first duly sworn upon oath, states: I am David W. Hammond, Attorney for Plaintiff above named. I have read the foregoing instrument and state that all statements contained therein are true and correct. David W. Hammond Attorney for Plaintiff STATE OF OKLAHOMA ) COUNTY OF STEPHENS ) Before me, the undersigned, a Notary Public in and for said County and State, on this 10th day of March, 2025, personally appeared David W. Hammond, Attorney for Plaintiff, to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed, for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day and year first above written. Julia Susong Notary Public My Commission Expires: 06-28-2028 (SEAL)
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