The fresh $2 hundred, notice held by the Boundary Lender is actually unsecured

The fresh $2 hundred, notice held by the Boundary Lender is actually unsecured

Robey and additionally affirmed the house is resold to own $71,, and therefore amount this new demonstration court try able to accept much more an indicator out-of market price

¶ 8 The latest Legal from Civil Is attractive accurately noticed that the $85, shape to the value of the home was at the new large prevent of your own estimate created by Mr. Robey, who is from the real estate industry. Mr. Consequently, you to definitely judgment was backed by the data showed, and will not at all contradict the fresh new findings of-fact by the demo court.

¶ 9 The fresh Robeys in addition to demand the demonstration legal erred inside the decreasing so you can award them an attorney’s commission. It believe because results of fact include “a fair attorneys commission is put by Judge through to best software” that courtroom must prize the fresh attorney’s commission. New demo judge apparently reconsidered one to honor since the journal entryway refuted the fresh Robeys a keen attorney’s fee. This new Legal out of Municipal Appeals confirmed.

¶ 10 The newest Robeys claim he or she is entitled to a keen attorney’s commission pursuant to 42 O.S.2001, § 176, that gives: “For the an action brought to enforce people lien the group to have exactly who wisdom is actually rendered shall be eligible to recover a fair attorney’s fee, getting repaired because of the court, and this is taxed as can cost you throughout the action.” Brand new Robeys argue the action facing Long Seashore is actually for deprivation of the legal correct due to the fact lienholders to help you get the property, that renders the experience that impose a great lien.

¶ 11 Label 42 O.S.2001, § 19 will bring this package who has got a beneficial lien which is second-rate to some other on a single assets has a right to redeem the house in the sense as its manager you will, throughout the superior lien. Brand new Robeys encountered the legal right to get the house or property away from Enough time Coastline. Brand new Robeys was provided problems by the demo judge once the Long Coastline got observe it stated an effective lien from the possessions. 12 O.S.2001, § 764(A)(1). When A lot of time Coastline don’t offer see of your own property foreclosure and you can marketing, they avoided the new Robeys away from redeeming the home. Men and women legal rights are statutory arising out of the lien the fresh Robeys had from the assets.

¶ twelve A lot of time Coastline measures up the information in such a case in order to Frontier Given. Sav. and you can Mortgage Ass’n vmercial Bank, 1990 Ok CIV Software 105, 806 P.2d 1140. If so, a couple banking institutions kept notes produced by a comparable debtor. The latest $30, note kept by the Industrial Lender is actually secured from the other industrial papers, that was including within the default. Banking institutions by themselves prosecuted the fresh new borrower, and once getting wisdom, Commercial Bank marketed the brand new security on sheriff’s income, that have see so you’re able to Frontier. Boundary objected, but don’t focus from the verification order. Boundary up coming filed several other step, saying this kept a duly-learned security interest in the brand new collateralized industrial papers by the advantage away from an article-view garnishment proceeding, and you may sought genuine and you can punitive injuries having losings incurred due to Commercial Bank’s technically-unreasonably acts. Brand new trial judge influenced in favor of Industrial Lender, however, refused Commercial’s application having an attorney’s payment around § 176. New Judge off Is attractive confirmed, taking your fit wasn’t one to enforce a beneficial lien, one to Frontier Lender in reality had no lien to your collateralized industrial papers. On the other hand, the Robeys had an excellent lien toward property foreclosed by the Enough time Coastline.

First Federal Financial, 1970 Ok 162, 475 P

¶ 13 Brand new Boundary situation cites it Court’s decision overall Electronic Credit Corp. v. 2d 137, while the expert for its carrying. In general Electric, this new junior lienholder charged the main debtors. The senior lienholder intervened and you may effortlessly depending the newest priority of their lien. This new elder lienholder next tried to gather an enthusiastic attorney’s payment away from the latest junior lienholder. The fresh new demo court denied the price, hence Court confirmed, watching that the lienholders had not affirmatively asserted its says facing each other, but alternatively simply against the borrower. Standard Electronic, 1970 Ok 162, ¶ 8, 475 P.2d from the 138. Brand new Robeys enjoys asserted the allege up against Enough time Coastline, hence distinguishes this situation of General Digital.

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