¶ 8 The brand new Court out of Municipal Is attractive precisely observed your $85, profile toward property value the property is at this new highest end of the guess from Mr. Robey, who is regarding the real estate business. Mr. Robey in addition to affirmed the property is actually resold for $71,, hence number the new trial courtroom try able to deal with as more an indication out-of market value. Correctly, you to wisdom try backed by the data showed, and will not in any way contradict the findings of-fact from the demo court.
¶ nine The Robeys and believe that the demo legal erred during the declining so you’re able to prize them an attorney’s percentage. They argue that since conclusions of fact are “a good attorneys commission as lay by the Court upon proper software” your legal is needed to prize the brand new attorney’s fee. The newest demonstration courtroom appear to reconsidered you to definitely prize since the journal entry rejected the newest Robeys an enthusiastic attorney’s commission. The Legal out of Civil Appeals verified.
Basic National Bank, 1970 Ok 162, 475 P
¶ ten The newest Robeys allege they are entitled to a keen attorney’s percentage pursuant to 42 O.S.2001, § 176, that offers: “For the an action taken to impose any lien this new class for just who judgment was made would be entitled to recover a good attorney’s commission, to get repaired because of the court, which can be taxed while the will set you back in the step.” The fresh Robeys dispute the step facing A lot of time Beach is actually for starvation of its legal proper given that lienholders to redeem the property, that produces the action one to impose good lien.
¶ eleven Term 42 O.S.2001, § 19 brings that one that has a beneficial lien that’s inferior to some other on a single assets features a straight to receive the house or property in the same manner as its proprietor might, throughout the advanced lien. Brand new Robeys met with the statutory straight to get the property out of Much time Beach. The brand new Robeys was granted problems of the demo courtroom just like the Enough time Coastline had observe they stated an excellent lien from the assets. several O.S.2001, § 764(A)(1). When Enough payday loans in New Hampshire time Seashore failed to provide see of foreclosures and you may profit, they prevented the Robeys out of redeeming the property. Men and women legal rights was statutory occurring out from the lien new Robeys had against the possessions.
Brand new elderly lienholder intervened and you can successfully dependent the new consideration of their lien
¶ a dozen A lot of time Seashore compares the facts in such a case in order to Boundary Given. Sav. and you may Mortgage Ass’n vmercial Financial, 1990 Ok CIV App 105, 806 P.2d 1140. In this case, a couple of financial institutions held notes made by an identical borrower. The latest $30, notice held by Industrial Financial is actually secure of the almost every other industrial papers, which was together with during the default. The banks separately sued the brand new borrower, and just after taking wisdom, Industrial Lender marketed the newest guarantee on sheriff’s sale, having see to help you Frontier. Frontier objected, but didn’t notice on the verification buy. Boundary following submitted various other step, saying this kept a duly-mastered security interest in the fresh collateralized commercial paper of the advantage away from an article-judgment garnishment proceeding, and you can found genuine and punitive damages for losings incurred owing to Commercial Bank’s technically-unreasonably acts. The fresh demonstration judge ruled in favor of Commercial Lender, however, rejected Commercial’s application getting an enthusiastic attorney’s payment less than § 176. The brand new Courtroom out of Appeals verified, acknowledging the suit was not one to enforce an effective lien, that Boundary Bank in fact didn’t come with lien to the collateralized commercial papers. On the other hand, the latest Robeys got a lien into houses foreclosed because of the Long Beach.
¶ thirteen Brand new Frontier case cites that it Court’s decision as a whole Electronic Credit Corp. v. 2d 137, due to the fact expert for its holding. In general Electric, the fresh junior lienholder charged the main debtors. The newest senior lienholder up coming made an effort to assemble a keen attorney’s commission off the junior lienholder. This new demonstration judge rejected the fee, hence Courtroom verified, observing that lienholders had not affirmatively asserted the claims against both, but rather simply from the debtor. Standard Digital, 1970 Ok 162, ¶ 8, 475 P.2d from the 138. The latest Robeys keeps asserted its claim up against Much time Coastline, and that differentiates this case away from Standard Electric.