Robey along with testified the house or property is actually resold getting $71,, and this count the trial court try liberated to undertake as more an indication away from market price
¶ 8 The new Courtroom out of Civil Appeals truthfully noticed that $85, profile into property value the house is at the new large stop of guess made by Mr. Robey, that is regarding the real estate industry. Mr. Appropriately, you to judgment are supported by the data exhibited, and does not by any means oppose the newest results of fact by trial legal.
¶ nine The latest Robeys and additionally believe that trial court erred inside decreasing so you can honor him or her an enthusiastic attorney’s payment. It argue that because the conclusions of-fact include “a fair attorneys commission as lay because of the Legal up on correct application” your court is needed to honor the fresh new attorney’s percentage. The new trial judge apparently reconsidered that honor once the diary entry rejected the fresh new Robeys a keen attorney’s percentage. New Court from Municipal Is attractive verified.
¶ ten The fresh new Robeys claim he could be eligible to a keen attorney’s commission pursuant so you can 42 O.S.2001, § 176, that provides: “Inside an action delivered to demand any lien new party to possess just who judgment was made is permitted recover a good attorney’s payment, are repaired from the court, and this might be taxed as will cost you from the step.” The fresh Robeys dispute its action against Long Seashore is for starvation of their legal proper just like the lienholders to get the house or property, that produces the experience you to enforce an effective lien.
¶ 11 Identity 42 O.S.2001, § 19 will bring this who has got good lien that’s second-rate to another for a passing fancy property provides a straight to redeem the property in the sense as the proprietor might, from the superior lien. The fresh new Robeys had the statutory right to receive the property away from Long Coastline. The Robeys had been issued damage by demonstration legal while the A lot of time Coastline had notice it advertised an excellent lien regarding the assets. 12 O.S.2001, § 764(A)(1). Whenever Long Coastline failed to render notice of your foreclosure and you will sale, it prevented the fresh new Robeys out-of redeeming the property. The individuals rights is actually statutory arising from the lien the latest Robeys had contrary to the property.
¶ several Much time Seashore compares the important points in such a case in order to Frontier Provided. Sav. and Loan Ass’n vmercial Financial, 1990 Ok CIV Software 105, 806 P.2d 1140. In this case, two banking companies kept notes made by the same debtor. The newest $30, mention stored of the Commercial Financial was protected from the other commercial paper, which had been and additionally in the standard. Financial institutions on their own sued the fresh new borrower, and you can shortly after taking view, Commercial Bank ended up selling the fresh security from the sheriff’s sales, which have find to Boundary. Frontier objected, but failed to attention on the confirmation buy. Frontier following registered several other step, stating so it stored a properly-mastered protection demand for the collateralized commercial papers from the advantage out-of a post-view garnishment proceeding, and you can sought genuine and you can punitive damage to own loss obtain by way of Industrial Bank’s officially-unreasonably serves. This new demo courtroom influenced in support of Industrial Lender, but refuted Commercial’s software having a keen attorney’s percentage under § 176. The fresh new Court away from Is attractive confirmed, accepting that the match wasn’t you to definitely demand a beneficial lien, that Boundary Lender in reality didn’t come with lien to your collateralized industrial papers. However, new Robeys had good lien for the real property foreclosed from the Long Beach.
First Federal Lender, 1970 Ok 162, 475 P
¶ 13 The new Boundary case cites which Court’s decision as a whole Electronic Borrowing from the bank Corp. v. 2d 137, because the authority for the holding. Generally speaking Electronic, the brand new junior lienholder sued the main debtors. This new elderly lienholder intervened and you can properly situated new top priority of its lien installment loans Kansas. The fresh new elder lienholder following tried to collect a keen attorney’s percentage out-of the junior lienholder. The new trial courtroom declined the cost, and this Legal affirmed, observing that lienholders had not affirmatively asserted their claims facing each other, but alternatively only resistant to the debtor. Standard Digital, 1970 Okay 162, ¶ 8, 475 P.2d from the 138. The latest Robeys enjoys asserted its claim against Long Beach, hence distinguishes this example regarding General Digital.