Robey as well as testified the house or property is resold for $71,, and that number the fresh new demonstration legal try absolve to take on much more a sign away from market price
¶ 8 The new Courtroom out of Civil Is attractive precisely noticed your $85, profile into value of the home is at the brand new highest stop of your estimate created by Mr. Robey, who is regarding the real estate industry. Mr. Correctly, one wisdom is supported by the data presented, and won’t in any way oppose the brand new findings of-fact of the demonstration judge.
¶ 9 The brand new Robeys together with insist your demonstration courtroom erred in the decreasing in order to honor her or him a keen attorney’s commission. It believe because findings of-fact were “a reasonable lawyer fee become put of the Courtroom on right software” the legal must prize the newest attorney’s percentage. New demo court seem to reconsidered you to definitely honor since journal entry rejected the fresh new Robeys a keen attorney’s commission. The brand new Judge out-of Civil Appeals confirmed.
¶ 10 This new Robeys claim they are eligible to a keen attorney’s payment pursuant so you’re able to 42 O.S.2001, § 176, that gives: “During the a hobby taken to enforce people lien brand new team for exactly who view is made is going to be eligible to recover a fair attorney’s fee, getting repaired by the courtroom, which are taxed since will cost you regarding action.” New Robeys dispute its step facing A lot of time Coastline is actually for deprivation of their legal right while the lienholders so you’re able to receive the house or property, that produces the action one enforce an excellent lien.
¶ eleven Identity 42 O.S.2001, § 19 brings this option who may have an effective lien that is inferior to another on the same assets features a directly to receive the house or property in the same manner as its proprietor you are going to, regarding the superior lien. The fresh Robeys encountered the statutory straight to redeem the property out-of Enough time Coastline. The fresh new Robeys have been granted damage because of the demonstration courtroom since Much time Beach had find they said an effective lien on assets. 12 O.S.2001, § 764(A)(1). Whenever Much time Seashore failed to render notice of foreclosure and you will selling, it avoided the latest Robeys of redeeming the house. Those liberties are statutory developing out of the lien the brand new Robeys got resistant to the assets.
¶ 12 Much time Coastline compares the details in such a case in order to Frontier Provided. Sav. and you will Mortgage Ass’n vmercial Lender, 1990 Okay CIV App 105, 806 P.2d 1140. In that case, a couple of banking institutions kept cards made by a similar debtor installment loans in Massachusetts. The $30, notice stored of the Commercial Financial is actually shielded from the other commercial papers, which had been and in default. Financial institutions alone sued new borrower, and you can shortly after bringing view, Commercial Financial ended up selling the security within sheriff’s sale, having see to help you Boundary. Boundary objected, but didn’t desire regarding the confirmation order. Frontier following registered another step, stating that it held a duly-learned coverage interest in brand new collateralized industrial report from the virtue regarding an article-wisdom garnishment proceeding, and you may wanted genuine and you may punitive problems having losings obtain owing to Industrial Bank’s officially-unreasonably serves. The fresh trial legal influenced and only Industrial Bank, but declined Commercial’s application for an attorney’s percentage not as much as § 176. The new Court away from Is attractive verified, accepting that the fit wasn’t that enforce good lien, one Boundary Lender in fact didn’t come with lien for the collateralized commercial paper. In contrast, the brand new Robeys got a lien to your real property foreclosed by the Much time Seashore.
Very first Federal Financial, 1970 Okay 162, 475 P
¶ 13 New Frontier case alludes to it Court’s decision generally Digital Borrowing Corp. v. 2d 137, just like the expert for its holding. Generally Electric, the latest junior lienholder charged the primary debtors. The latest elder lienholder intervened and effortlessly depending brand new top priority of their lien. The senior lienholder then tried to collect an enthusiastic attorney’s percentage regarding the brand new junior lienholder. The newest trial courtroom refuted the cost, hence Court affirmed, watching that the lienholders hadn’t affirmatively asserted their claims up against both, but alternatively only contrary to the debtor. General Electric, 1970 Okay 162, ¶ 8, 475 P.2d from the 138. Brand new Robeys keeps asserted their allege up against Enough time Coastline, hence differentiates this example from Standard Electric.