Bar Member Saves Disabled Senior Citizen’s Home

The blending of real estate law and pro bono work leads to the story of an Oklahoma City attorney and his dedication to a 61-year-old woman whose sole income is $500 per month in social security disability income.

The woman, Ms. Smith,*decided to sell her home. Without the aid of an attorney, she signed a form real estate sales contract that was immediately disputed. Ms. Smith thought the total sales price was $4,500 down plus $4,500 to pay off the mortgage on the home. The buyer thought the total sales price was the $4,500 to pay off the mortgage. When Ms. Smith refused to sell, the buyer sued for specific performance. Ms. Smith counterclaimed alleging misrepresentation. Both parties ultimately dismissed the case with prejudice, and Ms. Smith kept possession of her home.

Five years later, the buyer takes a job out of state, but leaves creditors in Oklahoma. One creditor obtains a default judgment and then levies on the buyer’s personal property — the disputed real estate contract — which sold at sheriff’s sale for $900. Once again, Ms. Smith is sued for specific performance, but this time by the creditor.

Seeing the injustice about to befall Ms. Smith, Oklahoma City attorney William J. Robinson stepped in and filed a motion to vacate the default judgment entered against the buyer. The motion was overruled by the court who found Ms. Smith did not have standing, since the judgment was not against her. In addition to refusing to vacate the default judgment, attorneys fees in the amount of $600 are assessed against Ms. Smith.

At this point, Mr. Robinson did not give up, but immediately filed an appeal. The Court of Civil Appeals reversed the trial court’s order and remanded with directions to vacate the judgment. The attorney fee award was also vacated. The creditor filed a petition for writ of certiorari to which Mr. Robinson responded. Certiorari was denied. Mr. Robinson then went back to the trial court and filed a motion for summary judgment, which was granted. Now Ms. Smith resides peacefully in the home she has owned since 1974.

Mr. Robinson contributed many, many hours on this case. When questioned about his dedication, he responded, “I was fulfilling an obligation to my profession and to my community. Besides, here was a need that demanded attention.”

Legal Aid managing attorney Marilyn Staats added, “Most attorneys would have closed their file on Ms. Smith after the court refused to vacate the default judgment. However, Mr. Robinson persisted. It is only because of this persistence that the home of Ms. Smith was saved. Mr. Robinson deserves recognition for his hard work and commitment to his client.”

If you know of others, like Mr. Robinson, who enhance our legal profession by providing pro bono services, please let us know. Submissions should be forwarded to probono@okbar.org or Pro Bono Services Subcommittee, c/o Heidi J. Long, 204 N. Robinson, Suite 1550, Oklahoma City, OK 73102.

* This is a fictitious name.