Robey as well as testified the home try resold to have $71,, hence count the fresh demonstration court is liberated to deal with much more indicative regarding market value
¶ 8 The Courtroom of Municipal Appeals correctly observed that the $85, profile into the value of the home is at the brand new large end of one’s estimate created by Mr. Robey, who’s regarding realtor industry. Mr. Accordingly, one to wisdom is supported by the data shown, and does not in any way contradict this new results of fact from the demonstration court.
¶ nine New Robeys together with assert your demonstration court erred when you look at the decreasing so you’re able to award them an enthusiastic attorney’s fee. It argue that given that conclusions of fact are “a fair lawyer percentage to-be set from the Court upon proper app” that the court must award new attorney’s payment. The brand new demo court apparently reconsidered you to definitely honor because record entryway rejected the fresh Robeys an attorney’s payment. The fresh new Legal out of Civil Is attractive confirmed.
¶ ten The new Robeys claim he could be entitled to a keen attorney’s commission pursuant to 42 O.S.2001, § 176, that gives: “Into the an activity brought to enforce people lien the fresh new group to own which view are rendered should be permitted get well a reasonable attorney’s commission, is fixed because of the courtroom, and that is taxed because the will cost you regarding action.” This new Robeys argue the step up against Enough time Coastline is for deprivation of its statutory best since lienholders to redeem the home, that renders the action one impose a great lien.
¶ eleven Name 42 O.S.2001, § 19 brings this option that has a beneficial lien that’s lower to a different on the same assets has a straight to receive the house or property in the sense as the proprietor might, on the superior lien. The new Robeys encountered the statutory to receive the house or property out of A lot of time Coastline. The brand new Robeys was awarded problems from the trial courtroom given that A lot of time Seashore got see they claimed an effective lien throughout the possessions. several O.S.2001, § 764(A)(1). When Much time Beach failed to promote notice of your own foreclosure and you may product sales, it eliminated the new Robeys from redeeming the house or property. People liberties was legal arising outside of the lien the new Robeys got from the property.
¶ 12 Long Beach compares the details in this instance in order to Boundary Provided. Sav. and you may Mortgage Ass’n vmercial Financial, 1990 Okay CIV Application 105, 806 P.2d 1140. If so, several banking companies kept cards created by an identical debtor. The fresh $29, note kept of the Commercial Financial is safeguarded from the almost every other commercial report, that has been in addition to when you look at the default. The banks on their own prosecuted the new debtor, and you will immediately following getting view, Industrial Bank offered the new guarantee during the sheriff’s selling, having notice in order to Boundary. Boundary objected, however, failed to interest about verification purchase. Boundary then recorded various other action, stating so it held a duly-mastered defense need for the brand new collateralized commercial papers from the advantage of an article-view garnishment continuing, and you will tried genuine and you will punitive problems to have losings sustained through Industrial Bank’s technically-unreasonably serves. The fresh demo legal ruled and only Industrial Financial, however, declined Commercial’s app getting an enthusiastic attorney’s fee not as much as § 176. The latest Legal regarding Appeals verified, acknowledging your suit was not one to demand a great lien, that Frontier Bank actually didn’t come with lien to your collateralized commercial paper. Having said that, the fresh Robeys had a good lien toward real-estate foreclosed by A lot of time Beach.
First National Lender, 1970 Ok 162, 475 P
¶ 13 This new Boundary circumstances alludes to it Court’s choice generally speaking Electronic Credit Corp. v. 2d 137, since the expert for the holding. Generally Digital, installment loans Arkansas the fresh new junior lienholder charged the main debtors. The new senior lienholder intervened and effectively created new concern of the lien. This new elderly lienholder next attempted to assemble an enthusiastic attorney’s commission regarding the junior lienholder. The fresh new demo legal refuted the fee, and therefore Judge affirmed, watching the lienholders hadn’t affirmatively asserted the says facing both, but rather merely contrary to the borrower. General Digital, 1970 Okay 162, ¶ 8, 475 P.2d in the 138. The fresh new Robeys enjoys asserted its claim up against A lot of time Coastline, which differentiates this situation off Standard Electronic.