¶ 8 The new Legal regarding Civil Appeals accurately seen the $85, profile to your value of the home is at brand new large end of imagine created by Mr. Robey, who is on the real estate industry. Mr. Robey along with affirmed the property was resold for $71,, and that matter the fresh trial court try absolve to accept much more indicative off market value. Accordingly, that wisdom try backed by the data displayed, and won’t by any means oppose new findings of-fact because of the demo legal.
¶ nine This new Robeys and additionally insist that trial judge erred in decreasing in order to award them an enthusiastic attorney’s fee. It argue that because the results of-fact were “a fair attorneys payment to-be lay because of the Courtroom abreast of right app” your legal is required to prize new attorney’s payment. The new demonstration courtroom appear to reconsidered you to definitely award as record admission refused the newest Robeys an enthusiastic attorney’s percentage. The fresh Court out of Municipal Is attractive affirmed.
First National Financial, 1970 Ok 162, 475 P
¶ ten The latest Robeys allege he could be permitted an enthusiastic attorney’s fee pursuant to 42 O.S.2001, § 176, which provides: “For the a task delivered to enforce one lien the newest group getting who wisdom is actually made will be permitted recover a good attorney’s commission, to get repaired from the legal, and therefore should be taxed because the can cost you on the action.” The Robeys argue the step facing Much time Seashore is actually for deprivation of the legal right since lienholders in order to get the property, that makes the experience one to enforce a beneficial lien.
¶ 11 Title 42 O.S.2001, § 19 brings this option that has a beneficial lien which is second-rate to a different on the same assets has a straight to redeem the home in the sense as the manager you will, regarding advanced lien. The fresh Robeys met with the legal directly to receive the house or property from Long Coastline. The fresh new Robeys was indeed provided injuries because of the trial courtroom because Enough time Beach got notice they advertised a lien about assets. 12 O.S.2001, § 764(A)(1). When A lot of time Seashore don’t give find of your foreclosure and you can profit, they averted the new Robeys of redeeming the home. The individuals liberties is statutory occurring out of the lien the fresh new Robeys got from the property.
The newest elderly lienholder intervened and you may efficiently founded the new consideration of their lien
¶ 12 A lot of time Coastline measures up the important points in this situation in order to Boundary Provided. Sav. and Mortgage Ass’n vmercial Lender, 1990 Okay CIV App 105, 806 P.2d 1140. In that case, one or two banking institutions held cards created by an identical borrower. Brand new $30, note kept by Commercial Lender are covered of the most other industrial papers, that has been plus when you look at the default. The banks alone prosecuted the brand new debtor, and you can shortly after providing judgment, Industrial Financial sold the newest guarantee from the sheriff’s product sales, that have find to help you Frontier. Frontier objected, however, failed to attention in the confirmation buy. Frontier upcoming submitted other step, stating which kept a properly-perfected security demand for the brand new collateralized commercial report by virtue regarding an article-wisdom garnishment proceeding, and you may sought for actual and you may punitive damages to own loss incurred by way of Industrial Bank’s commercially-unreasonably acts. The latest demonstration court influenced in favor of Industrial Financial, but rejected Commercial’s application getting an attorney’s percentage under § 176. The new Legal of Appeals verified, taking that the suit was not you to demand an effective lien, you to Boundary Financial in fact didn’t come with lien towards collateralized commercial report. In contrast, the new Robeys had a beneficial lien for the real estate foreclosed of the Much time Coastline.
¶ 13 New Boundary case alludes to so it Court’s decision generally speaking Digital Credit Corp. v. 2d 137, because power for its holding. Overall Electric, the payday loans lender Kansas fresh junior lienholder charged the principal debtors. The senior lienholder upcoming attempted to collect a keen attorney’s payment out of the fresh new junior lienholder. The latest demo courtroom declined the price tag, which Courtroom verified, observing that lienholders hadn’t affirmatively asserted their states facing each other, but instead only up against the borrower. General Digital, 1970 Ok 162, ¶ 8, 475 P.2d within 138. The latest Robeys has actually asserted their claim facing Enough time Beach, hence distinguishes this case off Standard Electronic.