Robey and testified the home are resold to own $71,, and therefore amount the fresh new demo legal are liberated to undertake as more an indication off market price
¶ 8 The latest Judge out-of Municipal Appeals accurately noticed the $85, profile into the worth of the house or property is at the fresh new higher avoid of your guess made by Mr. Robey, that is throughout the realtor industry. Mr. Correctly, you to definitely judgment was supported by the evidence exhibited, and will not at all oppose the newest results of-fact by the demo judge.
¶ nine The newest Robeys in addition to assert the demonstration judge erred for the declining to award her or him an enthusiastic attorney’s commission. It believe given that conclusions of fact become “a fair lawyer fee to get set by the Legal through to proper application” that courtroom must prize the fresh attorney’s payment. The fresh demonstration judge appear to reconsidered one honor as diary entry refuted new Robeys an enthusiastic attorney’s percentage. The fresh Judge out of Civil Appeals verified.
¶ ten The Robeys claim he or she is eligible to an enthusiastic attorney’s payment pursuant so you’re able to 42 O.S.2001, § 176, that gives: “In a hobby taken to demand people lien the brand new party to possess who wisdom is made are eligible to recover a good attorney’s fee, getting repaired because of the legal, and this is going to be taxed because will set you back about step.” New Robeys argue their action against Long Beach is actually for deprivation of its legal proper since lienholders so you’re able to redeem the house or property, that makes the action that demand an effective lien.
¶ 11 Identity 42 O.S.2001, § 19 provides that one who has got an effective lien which is inferior to a different on a single assets keeps a right to get the house or property in the same manner as its proprietor might, on premium lien. The fresh new Robeys met with the legal to receive the home regarding Long Beach. The brand new Robeys had been given damage of the trial judge since A lot of time Beach had observe they advertised an effective lien about property. a dozen O.S.2001, § 764(A)(1). When Enough time Beach don’t give notice of the foreclosures and you can selling, they prevented the fresh Robeys out of redeeming the home. The individuals rights is legal developing out from the lien the Robeys had up against the property.
¶ several Enough time Coastline measures up the details in this situation in order to Frontier Fed. Sav. and you will Mortgage Ass’n vmercial Financial, 1990 Ok CIV Software 105, 806 P.2d 1140. In that case, one or two banking companies held cards from the same debtor. The newest $30, note stored by Commercial Financial try shielded by the other commercial paper, that has been and additionally in default. The banks by themselves sued the newest debtor, and you can once providing judgment, Commercial Financial sold the new guarantee within sheriff’s sales, that have notice to help you Boundary. Boundary objected, however, did not desire on confirmation purchase. Boundary next registered another action, claiming this kept a duly-perfected defense interest in brand new collateralized industrial report from the advantage out-of a post-view garnishment continuing, and you may desired real and you may punitive damages to have losses incurred using Industrial Bank’s theoretically-unreasonably acts. Brand new trial legal ruled in favor of Industrial Bank, however, refused Commercial’s software to own an attorney’s percentage not as much as § 176. The Courtroom off Appeals verified, acknowledging the match was not that enforce an effective lien, one Boundary Lender in reality had no lien toward collateralized industrial papers. On the other hand, this new Robeys had a good lien towards the real estate foreclosed by the Enough time Beach.
Basic National Lender, 1970 Ok 162, 475 P
¶ thirteen The newest Frontier instance cites it Court’s decision generally Electronic Borrowing Corp. v. 2d 137, once the authority for its carrying. Generally Electric, the latest junior lienholder sued the principal debtors. The older lienholder intervened and you may effectively oriented this new concern of its lien. The fresh senior lienholder up coming made an effort to assemble an attorney’s percentage out of this new junior lienholder. The fresh new demonstration court rejected the fee, and this Legal verified, watching your lienholders had not affirmatively asserted the claims facing one another, but rather simply up against the borrower. General Electronic, 1970 Ok 162, ¶ 8, 475 P.2d on 138. The new Robeys has asserted the allege against Much time Seashore, which differentiates this situation regarding General Electronic.