Robey also testified the house is resold for $71,, and therefore amount the new trial legal was free to undertake much more a sign away from market value
¶ 8 New Court off Municipal Appeals accurately seen the $85, contour to your value of the home was at the fresh new high avoid of guess created by Mr. Robey, that is on the real estate business. Mr. Correctly, one to view was supported by the data displayed, and will not at all oppose the fresh conclusions of-fact of the demo legal.
¶ nine The Robeys as well as believe the demo judge erred for the declining to honor her or him an enthusiastic attorney’s percentage. It believe while the findings of fact are “a reasonable attorney percentage to get put by Legal on right app” the court is needed to award the newest attorney’s payment. New demonstration court appear to reconsidered that honor because diary admission refused new Robeys an attorney’s fee. The Judge regarding Civil Is attractive verified.
¶ 10 The newest Robeys allege he’s entitled to a keen attorney’s commission pursuant to help you 42 O.S.2001, § 176, that offers: “When you look at the a hobby taken to impose one lien the fresh new class having exactly who judgment is actually made is eligible to get well a good attorney’s payment, as fixed because of important hyperlink the judge, and therefore are taxed as costs regarding action.” The fresh new Robeys dispute their step against Enough time Beach is for starvation of their statutory proper as the lienholders so you can get the house or property, which makes the experience that demand a beneficial lien.
¶ eleven Identity 42 O.S.2001, § 19 brings this one that has a good lien that is inferior to another on the same property possess a right to redeem the house or property in the same way as the holder you’ll, regarding advanced lien. The new Robeys had the statutory to get the home off A lot of time Beach. Brand new Robeys was in fact provided problems because of the demonstration legal once the Long Seashore got notice they said an effective lien throughout the assets. twelve O.S.2001, § 764(A)(1). When Enough time Seashore didn’t bring see of foreclosure and you may selling, it prevented this new Robeys out-of redeeming the home. People rights was statutory arising out of the lien the fresh new Robeys got against the possessions.
¶ several A lot of time Coastline compares the main points in such a case in order to Boundary Given. Sav. and you will Mortgage Ass’n vmercial Financial, 1990 Okay CIV App 105, 806 P.2d 1140. In that case, one or two banks held notes produced by an identical debtor. New $31, note kept of the Industrial Bank are secured of the other commercial papers, that has been and in the standard. Financial institutions alone charged the new borrower, and you may after delivering wisdom, Industrial Lender ended up selling new equity during the sheriff’s revenue, that have notice so you can Frontier. Boundary objected, but don’t appeal about confirmation order. Frontier up coming filed other action, claiming which kept a properly-learned safety interest in the brand new collateralized commercial report by the advantage off a blog post-wisdom garnishment continuing, and sought for genuine and you may punitive damages to have losses sustained compliment of Industrial Bank’s technically-unreasonably acts. Brand new demonstration legal ruled in favor of Industrial Financial, but declined Commercial’s software having an enthusiastic attorney’s percentage significantly less than § 176. Brand new Court of Is attractive affirmed, accepting your fit wasn’t that enforce a good lien, one to Boundary Lender actually had no lien on collateralized commercial report. However, the fresh new Robeys got a lien into houses foreclosed by Much time Beach.
First Federal Bank, 1970 Okay 162, 475 P
¶ 13 The new Frontier instance alludes to that it Court’s choice overall Electronic Borrowing Corp. v. 2d 137, as the authority for its carrying. In general Digital, the fresh new junior lienholder prosecuted the principal debtors. Brand new senior lienholder intervened and you may efficiently depending the new concern of its lien. The fresh new elderly lienholder up coming tried to collect a keen attorney’s fee away from brand new junior lienholder. The fresh trial courtroom refuted the fee, and therefore Court confirmed, watching that the lienholders hadn’t affirmatively asserted their claims facing both, but rather just from the debtor. General Digital, 1970 Okay 162, ¶ 8, 475 P.2d in the 138. The fresh new Robeys has actually asserted their allege facing A lot of time Beach, and that differentiates this situation out of General Digital.