¶ 8 The latest Judge away from Civil Appeals correctly observed that $85, shape toward worth of the house is at the latest higher prevent of one’s guess from Mr. Robey, who’s in the real estate business. Mr. Robey and additionally testified the home was resold having $71,, and that number new demonstration courtroom is actually liberated to deal with much more an indication of market price. Appropriately, one wisdom was backed by the data displayed, and will not by any means contradict the fresh new conclusions of fact because of the demonstration courtroom.
¶ 9 The Robeys along with insist that trial legal erred inside declining so you can award him or her a keen attorney’s payment. They believe just like the findings of fact is “a reasonable lawyer percentage to be put of the Court upon best software” the court must award the attorney’s percentage. The new demonstration courtroom apparently reconsidered that prize since journal admission refuted the Robeys an attorney’s commission. Brand new Legal out of Municipal Appeals affirmed.
Very first Federal Bank, 1970 Okay 162, 475 P
¶ 10 This new Robeys claim he could be entitled to an attorney’s fee pursuant to help you 42 O.S.2001, § 176, that offers: “When you look at the an activity delivered to enforce people lien new people to have who judgment is actually rendered should be eligible to recover a good attorney’s commission, becoming repaired by court, which shall be taxed given that costs regarding step.” The new Robeys argue its action facing Enough time Coastline is actually for deprivation of their statutory correct as the lienholders to help you get the home, that makes the experience you to definitely demand a lien.
¶ eleven Identity 42 O.S.2001, § 19 will bring this who has an effective lien that’s lower to some other on a single assets provides a straight to receive the property in the same manner as the owner you’ll, from the premium lien. This new Robeys had the legal directly to redeem the property out of A lot of time Seashore. Brand new Robeys were approved problems of the demo legal as the Enough time Seashore got see it reported an excellent lien on the property. several O.S.2001, § 764(A)(1). Whenever Enough time Beach don’t render observe of one’s foreclosures and you will revenue, they eliminated this new Robeys out-of redeeming the house. Those individuals liberties was statutory arising out from the lien the brand new Robeys had up against the possessions.
The latest older lienholder intervened and efficiently established the latest consideration of the lien
¶ 12 Enough time Seashore compares the details in this situation so you can Frontier Given. Sav. and you may Loan Ass’n vmercial Lender, 1990 Okay CIV Software 105, 806 P.2d 1140. Therefore, a couple of finance companies kept cards created by an identical borrower. This new $30, notice kept by Industrial Lender is covered of the almost every other industrial report, that has been along with inside the standard. Banking institutions individually prosecuted the brand new debtor, and immediately after bringing wisdom, Commercial Bank marketed the newest collateral in the sheriff’s income, having observe to Boundary. Frontier objected, however, didn’t attract from the confirmation acquisition. Boundary upcoming registered several other step, stating which stored a duly-perfected security demand for the fresh collateralized commercial papers of the advantage away from an article-wisdom garnishment continuing, and you will wanted actual and punitive injuries having losings obtain thanks to Industrial Bank’s commercially-unreasonably acts. The latest demonstration courtroom governed in favor of Industrial Bank, but refused Commercial’s app to have an attorney’s percentage significantly less than § 176. The fresh new Court away from Appeals verified, recognizing your match wasn’t you to definitely impose a good lien, one to Boundary Bank in reality had no lien into collateralized commercial paper. Having said that, the latest Robeys got an effective lien toward property foreclosed from the Much time Seashore.
¶ 13 The newest Boundary case cites it Court’s decision as a whole Electric Credit Corp. v. 2d 137, once the power for its carrying payday loans in Mississippi. In general Electronic, brand new junior lienholder charged the primary debtors. The fresh older lienholder upcoming attempted to assemble an enthusiastic attorney’s commission regarding the latest junior lienholder. The fresh new demonstration legal refused the fee, and that Legal confirmed, observing your lienholders hadn’t affirmatively asserted their claims against one another, but instead merely from the debtor. General Digital, 1970 Okay 162, ¶ 8, 475 P.2d within 138. The newest Robeys provides asserted the claim facing A lot of time Beach, hence differentiates this case out-of Standard Electronic.