Robey as well as affirmed the house is resold for $71,, and that amount the brand new trial court try free to accept much more an indicator regarding market price
¶ 8 Brand new Courtroom off Civil Appeals accurately seen that $85, figure to your property value the property is at the large end of your own imagine made by Mr. Robey, who’s in the realtor industry. Mr. Properly, you to definitely wisdom try supported by the data demonstrated, and won’t at all contradict the fresh new results of-fact because of the demonstration courtroom.
¶ nine Brand new Robeys also believe the trial court erred in the declining to honor them a keen attorney’s percentage. They argue that because findings of-fact were “a reasonable attorneys fee to get set because of the Legal on proper app” that the courtroom must award the new attorney’s commission. The latest demonstration courtroom seem to reconsidered you to definitely prize because diary entry declined the fresh Robeys an attorney’s percentage. The newest Court of Municipal Appeals affirmed.
¶ 10 This new Robeys allege he or she is eligible to an attorney’s percentage pursuant to help you 42 O.S.2001, § 176, which provides: “In the a task brought to demand any lien the latest people having exactly who view is made shall be permitted recover a fair attorney’s payment, to be fixed because of the court, and therefore are going to be taxed as can cost you from the step.” The fresh Robeys argue its step against Much time Coastline is for starvation of their legal right because the lienholders in order to receive the house, which makes the action that enforce an effective lien.
¶ eleven Term 42 O.S.2001, § 19 brings this 1 that a great lien which is substandard to some other on a single assets have a directly to redeem the house or property in the same manner as its proprietor might, throughout the superior lien. The newest Robeys met with the statutory directly to receive the house off Much time Beach. This new Robeys was basically issued problems by the demonstration judge while the Long Coastline got notice they said a lien on assets. 12 O.S.2001, § 764(A)(1). Whenever Long Beach failed to give observe of one’s foreclosure and you may selling, they averted the latest Robeys out of redeeming the property. Men and women liberties are statutory developing out of the lien the newest Robeys had resistant to the possessions.
¶ several A lot of time Seashore measures up the facts in such a case to Boundary Fed. Sav. and you can Mortgage Ass’n vmercial Financial, 1990 Ok CIV Application 105, 806 P.2d 1140. If so, a few finance companies kept cards made by an identical borrower. The $31, mention stored by Commercial Lender is secure because of the most other industrial paper, which had been and additionally in default. Financial institutions alone prosecuted the fresh debtor, and after taking judgment, Commercial Financial offered the brand new equity within sheriff’s business, with find in order to Boundary. Boundary objected, but didn’t attract on the confirmation purchase. Frontier next submitted other action, saying which held a duly-perfected cover need for the new collateralized industrial papers by virtue regarding a blog post-judgment garnishment continuing, and you may needed actual and punitive damages to have losings obtain through Commercial Bank’s officially-unreasonably serves. This new trial judge ruled and only Commercial Bank, however, refuted Commercial’s app getting an attorney’s commission below § 176. The Legal away from Is attractive confirmed, accepting that match was not one to impose good lien, one to Frontier Lender indeed didn’t come with lien into the collateralized industrial papers. Alternatively, the new Robeys had a beneficial lien to your real-estate foreclosed by Long Seashore.
Very first National Lender, 1970 Okay 162, 475 P
¶ thirteen The brand new Boundary case alludes to this Court’s decision generally speaking Electronic Borrowing from the bank Corp. v. 2d 137, as the expert for its holding. Overall Electronic, the fresh junior lienholder charged the main debtors. The newest elder lienholder intervened and you can properly depending the fresh top priority of their lien. The fresh new elderly lienholder after that attempted to collect an enthusiastic attorney’s payment regarding the new junior lienholder. New demonstration court refused the price, which Courtroom confirmed, observing the lienholders hadn’t affirmatively asserted the claims against each other, but alternatively just from the borrower. General Digital, 1970 Ok 162, ¶ 8, 475 P.2d within 138. The new Robeys enjoys asserted their claim up against https://pdqtitleloans.com/installment-loans-id/ Much time Beach, hence distinguishes this example out-of General Electronic.