¶ 8 This new Legal regarding Municipal Is attractive accurately seen that $85, profile for the property value the house is at the large avoid of the imagine made by Mr. Robey, who’s regarding the real estate industry. Mr. Robey including testified the house or property was resold to own $71,, which amount the latest demo judge is actually free to undertake much more an indicator out-of market http://paydayloanssolution.org/payday-loans-ri value. Accordingly, that wisdom was supported by the evidence demonstrated, and will not at all contradict the fresh new findings of-fact by demo legal.
¶ nine The newest Robeys plus believe that the demonstration court erred into the decreasing so you’re able to award her or him an attorney’s fee. It believe since results of fact is “a reasonable attorney commission to get put by Court upon correct application” that court is required to award brand new attorney’s fee. The new demonstration court appear to reconsidered one award as the record entry denied the fresh Robeys a keen attorney’s fee. The latest Judge away from Municipal Appeals confirmed.
Very first Federal Financial, 1970 Ok 162, 475 P
¶ ten The fresh new Robeys allege he’s entitled to a keen attorney’s commission pursuant to 42 O.S.2001, § 176, that gives: “During the a hobby taken to impose one lien this new class to own who judgment are rendered might be eligible to recover a good attorney’s payment, as repaired of the court, and this will be taxed since the can cost you on step.” The latest Robeys argue their action against A lot of time Coastline is actually for starvation of the statutory right just like the lienholders to help you receive the home, that makes the action one impose an excellent lien.
¶ 11 Label 42 O.S.2001, § 19 brings this one who has got an excellent lien that is second-rate to some other on a single possessions have a straight to redeem the property in the same way as its owner you are going to, regarding superior lien. Brand new Robeys had the statutory right to receive the property off Much time Coastline. The newest Robeys have been provided problems of the demo court as Much time Seashore had observe they claimed a lien on assets. 12 O.S.2001, § 764(A)(1). When A lot of time Coastline didn’t give observe of your own foreclosures and you will sale, they prevented the brand new Robeys out-of redeeming the house. People rights is actually legal occurring from the lien brand new Robeys had up against the possessions.
The brand new elder lienholder intervened and effectively created the concern of its lien
¶ several Much time Beach compares the facts in this instance so you can Boundary Given. Sav. and you may Loan Ass’n vmercial Financial, 1990 Okay CIV App 105, 806 P.2d 1140. If so, several banks held cards from an identical borrower. The latest $31, note kept by the Commercial Financial try safeguarded because of the other industrial paper, which had been together with into the default. Banking institutions alone prosecuted brand new borrower, and you will immediately following getting wisdom, Industrial Financial sold the brand new guarantee from the sheriff’s profit, having observe to help you Boundary. Frontier objected, however, don’t notice throughout the verification order. Frontier after that recorded various other step, saying which kept a duly-perfected security demand for the fresh new collateralized commercial papers by the virtue from an article-judgment garnishment continuing, and you can tried actual and you can punitive damages having loss obtain by way of Industrial Bank’s technically-unreasonably acts. The fresh new trial courtroom influenced in favor of Commercial Financial, however, rejected Commercial’s app to own an enthusiastic attorney’s fee less than § 176. This new Courtroom out of Appeals affirmed, acknowledging your suit was not that enforce an excellent lien, one to Boundary Financial indeed had no lien into the collateralized commercial paper. Conversely, the fresh new Robeys had an excellent lien on the real-estate foreclosed from the A lot of time Beach.
¶ thirteen The fresh Boundary circumstances alludes to that it Court’s decision generally Digital Borrowing Corp. v. 2d 137, due to the fact authority for its holding. Generally Digital, the junior lienholder prosecuted the primary debtors. The fresh new older lienholder next tried to assemble an attorney’s commission from brand new junior lienholder. New demo court refuted the cost, and that Legal verified, watching the lienholders had not affirmatively asserted their states up against one another, but instead merely from the debtor. Standard Electronic, 1970 Ok 162, ¶ 8, 475 P.2d from the 138. New Robeys features asserted their allege against Enough time Seashore, and that differentiates this example away from Standard Digital.