GREEN TREE SERVICING LLC. v. DALKE, 2017 OK 74

Dalke financed a 2000 mobile home with Green Tree in 1999; after ~15 years he missed six monthly payments (Dec 2014–Jun 2015) producing alleged arrearages.
The Choctaw Nation sent two checks totaling $1,934 (one for $1,454 that cleared June 9, 2015, and one for $480) intended to cure part of the default. Green Tree cashed/held the funds but allegedly refused to accept multiple payments and did not timely credit or return the funds.
Green Tree filed suit June 22, 2015, seeking acceleration/repossession and a large unpaid balance; Green Tree moved for summary judgment asserting Dalke was in arrears.
The trial court initially granted summary judgment; that judgment was vacated, a new hearing was held, and the court again granted summary judgment to Green Tree.
Dalke (later represented) raised defenses including accord and satisfaction under the UCC, breach of the covenant of good faith and fair dealing / deceptive trade practices, and his contractual right to cure; he also produced documentary evidence of the Choctaw payments.
The Oklahoma Supreme Court held that genuine disputes of material fact exist (amount owed, whether payments were accepted/credited, good‑faith conduct by Green Tree), so summary judgment was premature; trial court reversed and Court of Civil Appeals opinion vacated.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether no genuine issue of material fact exists so summary judgment is proper	Green Tree: Dalke was in default; arrearage unpaid; entitlement to accelerated balance and repossession	Dalke: disputed receipt/crediting of Choctaw payments, ability to cure, and calculations of balance create material disputes	Reversed — disputed material facts preclude summary judgment
Whether an accord and satisfaction discharged the claimed arrearage under UCC §3‑311	Green Tree: no valid accord and satisfaction; payments not credited timely	Dalke: the Choctaw instrument was tendered/paid in good faith as partial satisfaction and should discharge or affect the claim	Issue of fact exists — resolution required at trial
Whether Green Tree breached duty of good faith / engaged in deceptive or unfair practices	Green Tree: acted consistently with its payment policies and procedures	Dalke: Green Tree misrepresented receipt, refused to accept multiple checks, delayed refund, obstructed cure rights	Issue of fact exists — possible Consumer Protection Act/bad faith claim warrants trial resolution
Whether the amount claimed by Green Tree was properly calculated and supported	Green Tree: asserts balance due of record (judgment amount)	Dalke: no amortization, no accounting; conflicts over credits and arrearage calculation	Issue of fact exists — lack of supporting calculations precludes summary judgment

First Nat. Bank & Trust Co. of Vinita v. Kissee, 859 P.2d 502 (Okla. 1993) (implied covenant of good faith and fair dealing in contracts)
Wilson v. Webb, 221 P.3d 730 (Okla. 2009) (pleading code requires fair notice, pleadings construed to decide merits)
K & K Food Servs., Inc. v. S & H, Inc., 3 P.3d 705 (Okla. 2000) (summary judgment standard articulated)