Robey in addition to affirmed the home is actually resold to have $71,, and therefore amount this new demonstration legal try liberated to deal with as more a sign out-of market price
¶ 8 Brand new Judge away from Municipal Appeals correctly noticed that the $85, figure to your property value the house was at the highest avoid of your own estimate from Mr. Robey, who is from the realtor industry. Mr. Correctly, you to judgment are supported by the data shown, and will not by any means oppose the new results of-fact of the demo judge.
¶ 9 Brand new Robeys along with assert the demonstration legal erred within the decreasing so you’re able to prize them a keen attorney’s percentage. It believe due to the fact findings of-fact tend to be “a reasonable lawyer percentage is set because of the Courtroom up on correct software” your court is needed to award the new attorney’s payment. The new demo courtroom appear to reconsidered you to honor as journal entry declined the brand new Robeys a keen attorney’s percentage. The fresh new Legal regarding Municipal Is attractive confirmed.
¶ 10 The fresh Robeys claim he could be eligible to a keen attorney’s payment pursuant in order to 42 O.S.2001, § 176, that offers: “When you look at the a task brought to impose https://paydayloanssolution.org/installment-loans-nd/ people lien the brand new people to own which view is made is entitled to get well a fair attorney’s commission, to be repaired of the legal, and that will likely be taxed because will cost you on the action.” The fresh new Robeys argue its step up against Enough time Seashore is for starvation of their statutory proper since lienholders so you’re able to receive the property, which makes the experience one to impose an effective lien.
¶ eleven Term 42 O.S.2001, § 19 will bring this one who’s an effective lien that is second-rate to another for a passing fancy assets possess a straight to redeem the property in the same way as its manager you will, from the superior lien. This new Robeys met with the statutory straight to redeem the house or property away from Much time Coastline. This new Robeys have been issued injuries by the demo court while the Long Seashore had notice it advertised a beneficial lien about possessions. several O.S.2001, § 764(A)(1). When Enough time Coastline don’t render find of one’s foreclosures and you may purchases, they averted new Robeys out-of redeeming the house or property. Those individuals rights try legal occurring outside of the lien the Robeys got against the assets.
¶ several Much time Beach compares the details in this instance to help you Frontier Fed. Sav. and Mortgage Ass’n vmercial Financial, 1990 Okay CIV App 105, 806 P.2d 1140. In that case, a few banking companies stored cards created by an identical debtor. The brand new $29, note stored because of the Commercial Bank was shielded of the almost every other industrial report, that has been and inside standard. Financial institutions by themselves charged the latest debtor, and you can just after getting judgment, Industrial Lender offered the fresh collateral during the sheriff’s profit, that have notice so you’re able to Frontier. Boundary objected, but did not attract from the verification buy. Frontier following recorded another step, saying that it stored a properly-learned protection demand for the newest collateralized industrial paper by the advantage regarding an article-judgment garnishment continuing, and you will needed real and you may punitive damages for loss sustained using Industrial Bank’s technically-unreasonably acts. The fresh new demo court ruled in support of Commercial Bank, however, declined Commercial’s software to have an attorney’s payment not as much as § 176. The fresh Judge out-of Is attractive affirmed, recognizing the suit was not one enforce an effective lien, you to Boundary Bank in reality had no lien into the collateralized industrial report. Having said that, the latest Robeys got good lien for the real-estate foreclosed because of the A lot of time Beach.
Earliest National Lender, 1970 Okay 162, 475 P
¶ thirteen Brand new Frontier circumstances alludes to so it Court’s decision as a whole Digital Borrowing Corp. v. 2d 137, since power because of its carrying. As a whole Electronic, this new junior lienholder charged the main debtors. The new elder lienholder intervened and properly situated the newest top priority of its lien. This new elder lienholder after that attempted to gather a keen attorney’s commission away from brand new junior lienholder. The new demo courtroom refuted the fee, which Courtroom confirmed, observing that lienholders had not affirmatively asserted their says against one another, but instead only from the borrower. Standard Electronic, 1970 Ok 162, ¶ 8, 475 P.2d at 138. The new Robeys features asserted their claim facing A lot of time Seashore, and therefore differentiates this example from General Digital.