Robey as well as testified the house or property are resold getting $71,, and this count the brand new demo court try absolve to take on much more an indication from market price
¶ 8 The fresh Court out-of Municipal Appeals accurately seen the $85, shape with the value of the home is at the brand new high avoid of your imagine created by Mr. Robey, who is on real estate industry. Mr. Accordingly, you to definitely wisdom are backed by the evidence displayed, and does not at all contradict the conclusions of fact of the demonstration courtroom.
¶ nine The fresh Robeys along with assert your trial court erred into the decreasing so you’re able to prize them an attorney’s payment. They argue that once the findings of-fact is “a good attorneys percentage is put because of the Court up on proper software” your court must honor the brand new attorney’s commission. New demonstration judge seem to reconsidered you to definitely award because the log entryway denied the Robeys an attorney’s commission. This new Court out of Civil Is attractive verified.
¶ https://paydayloanssolution.org/installment-loans-ok/ 10 This new Robeys claim he is entitled to an attorney’s commission pursuant to 42 O.S.2001, § 176, which provides: “In the a task taken to impose any lien this new party to own just who wisdom try made can be eligible to recover a fair attorney’s percentage, becoming fixed of the judge, and therefore will be taxed as the can cost you from the action.” The new Robeys dispute its step up against A lot of time Beach is for deprivation of its legal right due to the fact lienholders to receive the house, that makes the experience one to enforce a lien.
¶ 11 Title 42 O.S.2001, § 19 provides this package who may have an excellent lien that’s substandard to another for a passing fancy possessions features a directly to receive the property in the same way as its owner you’ll, from the advanced lien. This new Robeys met with the legal right to redeem the house out of Much time Coastline. The fresh new Robeys was indeed issued damages because of the demonstration court as A lot of time Seashore had notice they said a beneficial lien throughout the property. several O.S.2001, § 764(A)(1). When Much time Coastline did not offer notice of foreclosure and sale, they avoided this new Robeys out of redeeming the property. Those individuals legal rights are statutory arising out of the lien new Robeys had resistant to the property.
¶ twelve Much time Seashore measures up the main points in this situation so you can Boundary Provided. Sav. and Loan Ass’n vmercial Bank, 1990 Ok CIV Application 105, 806 P.2d 1140. Therefore, two banks stored cards made by a comparable debtor. The $30, notice held by the Commercial Bank are shielded by almost every other industrial papers, which had been in addition to for the default. The banks on their own sued the borrower, and you can just after getting judgment, Industrial Financial sold the fresh security within sheriff’s marketing, with see to Frontier. Frontier objected, but don’t focus on the verification acquisition. Frontier following recorded several other action, stating that it held a properly-perfected cover interest in the new collateralized commercial paper of the advantage away from a blog post-judgment garnishment proceeding, and you can desired real and you may punitive damages to possess losses obtain using Industrial Bank’s commercially-unreasonably serves. New demo court ruled and only Commercial Lender, however, refused Commercial’s app for an attorney’s payment lower than § 176. The new Judge out-of Appeals confirmed, accepting that the fit was not you to demand a lien, one Frontier Financial actually had no lien into collateralized commercial report. However, new Robeys had a lien to the real estate foreclosed because of the Much time Coastline.
First National Bank, 1970 Okay 162, 475 P
¶ thirteen The fresh Boundary instance alludes to so it Court’s choice in general Electric Credit Corp. v. 2d 137, because the expert for its carrying. Generally Electronic, the new junior lienholder prosecuted the main debtors. This new elder lienholder intervened and successfully depending the fresh consideration of its lien. Brand new elderly lienholder after that made an effort to gather an enthusiastic attorney’s percentage out-of new junior lienholder. The fresh demo courtroom denied the fee, and this Courtroom verified, observing that the lienholders had not affirmatively asserted the claims against both, but instead merely up against the borrower. Standard Electronic, 1970 Ok 162, ¶ 8, 475 P.2d at the 138. This new Robeys enjoys asserted the allege against Long Beach, hence differentiates this case of Standard Electric.
