Robey including affirmed the house or property was resold to have $71,, and that amount new demo courtroom was able to accept as more an indicator out-of market value
¶ 8 The fresh Legal off Civil Appeals accurately observed your $85, profile towards the property value the house or property was at the fresh new highest stop of your guess produced by Mr. Robey, who is throughout the real estate industry. Mr. Accordingly, that view is actually supported by evidence exhibited, and will not by any means oppose new results of-fact because of the demo legal.
¶ 9 The fresh new Robeys as well as insist your demo court erred from inside the decreasing so you can award her or him an enthusiastic attorney’s commission. It believe since findings of-fact become “a good attorney percentage is put because of the Court upon right application” your courtroom is required to award the new attorney’s payment. The newest trial courtroom seem to reconsidered one prize since the log entry declined the fresh new Robeys an enthusiastic attorney’s percentage. The new Court of Municipal Appeals confirmed.
¶ ten The Robeys allege he or she is entitled to an attorney’s fee pursuant in order to 42 O.S.2001, § 176, that offers: “Within the an action delivered to enforce one pdqtitleloans.com/installment-loans-nm/ lien the fresh new party having which view was rendered is permitted get well a good attorney’s payment, is repaired by the courtroom, and this are taxed as will cost you throughout the action.” New Robeys dispute the step facing Long Beach is for starvation of its statutory proper since the lienholders to help you receive the house, which makes the action you to enforce a beneficial lien.
¶ eleven Title 42 O.S.2001, § 19 brings that one who may have an effective lien which is second-rate to some other for a passing fancy assets features a straight to get the house in the same manner as its holder you will, on superior lien. The latest Robeys encountered the legal right to get the home out of Long Seashore. The newest Robeys had been awarded damages by demo courtroom because the Much time Coastline had observe they stated an effective lien from the possessions. several O.S.2001, § 764(A)(1). Whenever A lot of time Beach don’t provide observe of one’s foreclosures and you may deals, it averted the newest Robeys regarding redeeming the property. Those individuals legal rights is actually legal developing out of the lien the fresh Robeys had against the property.
¶ 12 Enough time Coastline measures up the information in this case in order to Boundary Given. Sav. and you can Financing Ass’n vmercial Lender, 1990 Ok CIV Application 105, 806 P.2d 1140. In this case, one or two banks held notes from the same debtor. The latest $29, notice held from the Industrial Lender was shielded from the most other commercial paper, that was in addition to into the standard. Banking institutions on their own charged this new debtor, and you will after bringing wisdom, Industrial Lender sold this new equity at the sheriff’s profit, with find to Frontier. Frontier objected, but did not desire throughout the confirmation purchase. Frontier following submitted other step, saying that it held a properly-mastered protection need for the newest collateralized commercial papers from the advantage out-of a blog post-wisdom garnishment continuing, and wanted actual and you may punitive damages to possess losings incurred due to Commercial Bank’s commercially-unreasonably acts. The brand new trial legal ruled in support of Commercial Financial, however, refuted Commercial’s application getting an attorney’s payment less than § 176. The brand new Courtroom out of Is attractive verified, accepting that match wasn’t that demand a beneficial lien, you to definitely Boundary Lender in reality had no lien toward collateralized commercial papers. On the other hand, this new Robeys got a beneficial lien to the houses foreclosed of the Enough time Coastline.
Very first Federal Financial, 1970 Okay 162, 475 P
¶ 13 The newest Frontier circumstances cites this Court’s choice as a whole Electric Borrowing Corp. v. 2d 137, once the power because of its holding. Overall Electric, the brand new junior lienholder sued the primary debtors. The latest elderly lienholder intervened and efficiently established the brand new top priority of their lien. The new elder lienholder up coming tried to assemble a keen attorney’s commission from this new junior lienholder. The fresh trial legal refuted the cost, and therefore Courtroom verified, watching that the lienholders hadn’t affirmatively asserted the says facing one another, but instead just against the debtor. General Electric, 1970 Okay 162, ¶ 8, 475 P.2d within 138. New Robeys features asserted the claim up against Much time Seashore, and this differentiates this case away from Standard Electronic.
