The $two hundred, notice stored from the Boundary Financial is actually unsecured

Robey along with affirmed the house is resold having $71,, and therefore matter the fresh new demonstration court are absolve to deal with as more a sign out of market price

¶ 8 The brand new Courtroom out of Civil Appeals accurately noticed that the $85, figure toward property value the property was at new highest end of the imagine from Mr. Robey, who is on real estate industry. Mr. Correctly, you to definitely judgment was supported by the data showed, and will not at all oppose the newest conclusions of fact by trial legal.

¶ nine New Robeys plus demand that the trial judge erred inside the declining to help you honor him or her a keen attorney’s fee. It believe since the conclusions of fact become “a reasonable lawyer fee to be put from the Court upon best application” the courtroom is needed to honor the new attorney’s commission. The fresh new trial court frequently reconsidered one to honor as diary entry refused the Robeys a keen attorney’s percentage. The newest Courtroom of Civil Is attractive verified.

¶ ten The newest Robeys claim he could be permitted an attorney’s payment pursuant to help you 42 O.S.2001, § 176, that gives: “Within the an action delivered to enforce any lien the newest people to possess exactly who view is made would be eligible to recover a good attorney’s percentage, to-be repaired by court, hence will be taxed given that will cost you on action.” The Robeys dispute their step against Enough time Coastline is for starvation of the statutory best because lienholders in order to get the house, that produces the experience that enforce a good lien.

¶ 11 Title 42 O.S.2001, § 19 will bring this option who’s an effective lien that is inferior to a different for a passing fancy property possess a straight to get the home in the same way installment loans MS as its proprietor you’ll, about premium lien. The fresh Robeys met with the statutory right to get the house or property out of Enough time Seashore. The new Robeys had been given injuries by the demo courtroom because Enough time Seashore had find it claimed an effective lien on the assets. several O.S.2001, § 764(A)(1). Whenever Much time Beach did not bring observe of foreclosures and you can marketing, they averted the Robeys of redeeming the house or property. Those people liberties is actually legal developing out from the lien brand new Robeys had against the assets.

¶ twelve Long Beach compares the important points in cases like this so you can Boundary Fed. Sav. and you will Loan Ass’n vmercial Bank, 1990 Okay CIV App 105, 806 P.2d 1140. If that’s the case, several finance companies kept notes from a comparable debtor. New $30, mention kept from the Industrial Lender is actually secured by the most other commercial paper, which was including within the standard. The banks on their own prosecuted new borrower, and immediately following bringing judgment, Industrial Lender ended up selling new security at the sheriff’s revenue, having find so you can Frontier. Frontier objected, however, did not attention on confirmation purchase. Boundary up coming filed other step, claiming so it stored a duly-learned cover interest in the newest collateralized industrial paper because of the advantage out-of an article-wisdom garnishment continuing, and you can sought for actual and you will punitive problems having losses sustained by way of Commercial Bank’s technically-unreasonably acts. New demo judge governed in support of Commercial Bank, however, refuted Commercial’s software to own an attorney’s commission significantly less than § 176. The fresh Court regarding Is attractive verified, accepting that match was not that enforce a great lien, one to Boundary Bank indeed had no lien towards collateralized industrial paper. Alternatively, brand new Robeys had an excellent lien to your property foreclosed from the Long Coastline.

Very first Federal Financial, 1970 Ok 162, 475 P

¶ thirteen The fresh new Frontier case cites that it Court’s decision overall Electronic Borrowing Corp. v. 2d 137, given that expert for its holding. As a whole Electric, the brand new junior lienholder sued the primary debtors. Brand new senior lienholder intervened and you may successfully oriented the fresh top priority of the lien. The latest elderly lienholder upcoming attempted to assemble an attorney’s commission out-of the fresh junior lienholder. The newest demonstration courtroom rejected the price tag, and that Court affirmed, watching your lienholders hadn’t affirmatively asserted their states against one another, but instead just resistant to the debtor. General Electronic, 1970 Ok 162, ¶ 8, 475 P.2d within 138. The latest Robeys features asserted their claim facing Long Beach, and therefore differentiates this example regarding Standard Electric.

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