¶ 8 This new Court away from Civil Is attractive precisely observed the $85, figure into value of the house is at the fresh highest prevent of one’s guess created by Mr. Robey, who is regarding real estate business. Mr. Robey and additionally affirmed the property try resold to have $71,, hence number the fresh demonstration courtroom was absolve to accept much more a sign regarding market price. Properly, one view was backed by evidence exhibited, and will not by any means oppose brand new conclusions of-fact of the demonstration judge.
¶ 9 The fresh Robeys and additionally demand the demo legal erred in the declining to honor them an attorney’s payment. They believe due to the fact results of-fact is “a fair lawyer percentage to-be set because of the Court up on correct application” your judge is needed to honor the fresh new attorney’s percentage. The newest trial court apparently reconsidered that prize as journal admission declined the fresh Robeys a keen attorney’s payment. The brand new Court out-of Civil Is attractive verified.
Earliest National Financial, 1970 Ok 162, 475 P
¶ ten The new Robeys claim he or she is entitled to an enthusiastic attorney’s fee pursuant to 42 O.S.2001, § 176, that offers: “Inside a task delivered to demand any lien the new class having exactly who view is actually rendered should be permitted get well a fair attorney’s fee, to get repaired from the courtroom, hence is taxed because will set you back about action.” The new Robeys argue its action facing Enough time Beach is actually for starvation of their statutory correct once the lienholders so you can get the house, which makes the experience you to impose a good lien.
¶ 11 Term 42 O.S.2001, § 19 will bring this package that an effective lien which is substandard to some other on the same possessions enjoys a straight to get the house or property in the same manner as the manager you are going to, on premium lien. The latest Robeys met with the statutory straight to receive the house away from Enough time Seashore. The Robeys was indeed provided problems because of the demonstration legal as the Enough time Seashore got see they said good lien throughout the property. 12 O.S.2001, § 764(A)(1). When A lot of time Seashore failed to offer observe of foreclosure and you may sale, it averted the newest Robeys away from redeeming the property. Those legal rights was legal occurring from the lien the fresh new Robeys got up against the property.
Brand new senior lienholder intervened and properly depending the fresh top priority of the lien
¶ 12 Enough time Seashore measures up the details in cases like this so you can Boundary Fed. Sav. and Financing Ass’n vmercial Financial, 1990 Okay CIV Application 105, 806 P.2d 1140. If so, two banking companies held notes from the same debtor. This new $31, mention kept from the Industrial Bank is actually protected of the almost every other industrial papers, which had been plus inside the default. Financial institutions by themselves charged the new debtor, and you can immediately following delivering view, Industrial Lender sold new guarantee at sheriff’s product sales, which have observe in order to Frontier. Boundary objected, but failed to desire about confirmation order. Frontier following submitted another action, saying so it kept a duly-mastered coverage demand for this new collateralized industrial report of the advantage off a post-view garnishment proceeding, and you can desired actual and you will punitive injuries to have losses obtain because of Industrial Bank’s technically-unreasonably acts. The newest trial court governed in support of Industrial Financial, however, refused Commercial’s application to have an enthusiastic attorney’s percentage significantly less than § 176. The latest Courtroom out of Is attractive affirmed hop over to the web site, taking the fit wasn’t you to demand a good lien, one Frontier Bank indeed didn’t come with lien on the collateralized industrial paper. Alternatively, brand new Robeys had an effective lien on the houses foreclosed because of the Enough time Coastline.
¶ thirteen The brand new Boundary situation alludes to so it Court’s choice generally speaking Digital Borrowing Corp. v. 2d 137, because expert because of its holding. As a whole Electronic, the fresh new junior lienholder sued the main debtors. The elderly lienholder after that made an effort to collect a keen attorney’s percentage of brand new junior lienholder. The newest demonstration legal rejected the cost, and that Courtroom affirmed, watching the lienholders had not affirmatively asserted the states up against each other, but alternatively merely resistant to the borrower. General Electronic, 1970 Ok 162, ¶ 8, 475 P.2d within 138. This new Robeys keeps asserted their claim against Much time Beach, and this distinguishes this example out of General Electric.
