¶ 8 New Court away from Civil Appeals precisely noticed your $85, shape towards worth of the house is at the latest high stop of your imagine made by Mr. Robey, that is regarding the realtor industry. Mr. Robey along with testified the property was resold getting $71,, and this amount the fresh new demonstration courtroom is actually liberated to take on as more indicative out-of market value. Consequently, you to view was backed by the data showed, and will not in any way oppose the fresh conclusions of fact by demo courtroom.
¶ nine Brand new Robeys and assert the demonstration legal erred within the decreasing so you’re able to award him or her a keen attorney’s fee. It argue that because the results of-fact become “a good attorneys commission getting lay from the Legal through to correct application” that the judge is required to award the newest attorney’s commission. This new demonstration court frequently reconsidered you to definitely prize while the journal entryway refused the new Robeys an enthusiastic attorney’s percentage. Brand new Judge out-of Municipal Appeals verified.
Basic National Financial, 1970 Ok 162, 475 P
¶ 10 The fresh new Robeys allege he or she is permitted an attorney’s percentage pursuant so you can 42 O.S.2001, § 176, that offers: “Within the a hobby taken to enforce any lien the team for which judgment are made are going to be eligible to get well a reasonable attorney’s commission, becoming fixed of the judge, which shall be taxed once the can cost you in the step.” The fresh Robeys argue its step up against Long Coastline is for starvation of its statutory proper because the lienholders so you can redeem the home, that produces the experience one to impose a great lien.
¶ eleven Term 42 O.S.2001, § 19 provides this package that a great lien that is second-rate to a different for a passing fancy assets provides a directly to get the house in the same way as the holder you’ll, on advanced lien. The fresh Robeys had the legal to receive the house or property away from A lot of time Seashore. Brand new Robeys was indeed issued damage because of the demonstration courtroom as Much time Seashore had observe it said a good lien regarding the possessions. a dozen O.S.2001, § 764(A)(1). Whenever A lot of time Beach didn’t offer observe of one’s property foreclosure and you can sale, they prevented the fresh payday loans Illinois new Robeys away from redeeming the property. Men and women liberties is actually statutory occurring out from the lien the newest Robeys had against the property.
This new older lienholder intervened and you will effectively created the concern of the lien
¶ twelve A lot of time Beach measures up the main points in this instance to help you Boundary Given. Sav. and you will Loan Ass’n vmercial Financial, 1990 Okay CIV Software 105, 806 P.2d 1140. In this case, a few banking institutions stored notes produced by a comparable debtor. The fresh $29, note held by Industrial Bank try protected because of the other industrial papers, that has been also inside the default. Banking institutions alone sued brand new debtor, and you can immediately after taking wisdom, Industrial Financial ended up selling the latest equity at the sheriff’s profit, that have see to help you Boundary. Frontier objected, but did not attract in the verification order. Frontier following filed another action, saying it held a properly-learned safety interest in the latest collateralized industrial paper by the virtue away from an article-view garnishment proceeding, and you may needed actual and you can punitive damage to own losses incurred as a result of Commercial Bank’s commercially-unreasonably acts. The newest demo courtroom ruled in support of Commercial Financial, however, refuted Commercial’s application for an enthusiastic attorney’s commission significantly less than § 176. The Court of Appeals verified, taking your match was not one enforce a great lien, you to Frontier Bank indeed had no lien towards collateralized industrial papers. However, new Robeys got a lien into real estate foreclosed by Enough time Seashore.
¶ 13 The fresh Frontier circumstances cites which Court’s decision typically Electric Borrowing from the bank Corp. v. 2d 137, since the power for the holding. Generally speaking Electronic, the newest junior lienholder sued the main debtors. The senior lienholder following made an effort to collect a keen attorney’s percentage out of the newest junior lienholder. The new demonstration courtroom declined the price, and that Courtroom verified, observing the lienholders had not affirmatively asserted their says against each other, but alternatively merely against the debtor. General Electronic, 1970 Ok 162, ¶ 8, 475 P.2d during the 138. New Robeys features asserted their allege against Long Beach, hence differentiates this example regarding Standard Digital.