Robey also affirmed the home try resold getting $71,, and this matter the latest demo judge try absolve to undertake as more a sign off market price
¶ 8 New Legal out of Civil Appeals accurately observed your $85, contour installment loans WI to your property value the house was at brand new large prevent of the imagine produced by Mr. Robey, who is in the realtor industry. Mr. Correctly, one to view is supported by the data exhibited, and won’t in any way oppose the new results of fact by the demonstration judge.
¶ nine The Robeys plus believe your demo judge erred from inside the decreasing to help you honor them an attorney’s percentage. They believe due to the fact conclusions of fact is “a fair attorney fee to be put because of the Court abreast of proper application” your judge is required to honor the new attorney’s percentage. This new demonstration legal appear to reconsidered one prize while the journal admission refuted the Robeys an enthusiastic attorney’s payment. The latest Legal of Municipal Appeals verified.
¶ 10 The latest Robeys allege he could be permitted a keen attorney’s fee pursuant so you can 42 O.S.2001, § 176, that provides: “Into the a task delivered to impose any lien the new cluster for exactly who wisdom was made would be eligible to get well a reasonable attorney’s fee, are fixed by the judge, which is taxed because the will cost you regarding the step.” The brand new Robeys argue its step facing Enough time Coastline is for starvation of its legal best given that lienholders in order to get the house, that renders the action you to demand an excellent lien.
¶ eleven Title 42 O.S.2001, § 19 brings that one who has got a good lien which is substandard to a different on a single possessions has a right to get the property in the same way as its proprietor you’ll, on the advanced lien. The latest Robeys had the legal directly to get the house regarding A lot of time Coastline. The Robeys had been approved problems of the demo legal because the Long Beach had notice it reported an effective lien throughout the possessions. several O.S.2001, § 764(A)(1). Whenever A lot of time Seashore don’t promote observe of your own property foreclosure and marketing, it avoided the latest Robeys out-of redeeming the house. The individuals legal rights was statutory arising outside of the lien the brand new Robeys got from the possessions.
¶ several Much time Seashore compares the details in this situation so you can Boundary Provided. Sav. and you will Financing Ass’n vmercial Bank, 1990 Okay CIV App 105, 806 P.2d 1140. If so, several banks kept cards created by the same debtor. The new $29, notice stored by Industrial Lender was safeguarded by the most other commercial papers, that has been and inside the standard. Banking institutions on their own sued new debtor, and just after delivering wisdom, Commercial Bank ended up selling the new guarantee at sheriff’s selling, that have find so you can Boundary. Boundary objected, however, failed to attention about confirmation buy. Boundary upcoming filed various other action, claiming so it kept a duly-mastered protection interest in this new collateralized commercial paper of the virtue from a blog post-view garnishment proceeding, and you may tried genuine and you may punitive damages for losses sustained courtesy Commercial Bank’s commercially-unreasonably acts. The newest demonstration judge ruled in support of Industrial Financial, but refused Commercial’s application to have a keen attorney’s percentage below § 176. New Judge from Appeals affirmed, recognizing that suit wasn’t that impose a good lien, one Boundary Lender indeed had no lien for the collateralized commercial report. Alternatively, this new Robeys had an excellent lien to the real-estate foreclosed by the Long Coastline.
First National Financial, 1970 Ok 162, 475 P
¶ thirteen The latest Frontier situation alludes to that it Court’s choice as a whole Electronic Borrowing Corp. v. 2d 137, given that expert because of its holding. Generally Electronic, the junior lienholder sued the principal debtors. Brand new senior lienholder intervened and you can effectively centered the priority of its lien. Brand new elderly lienholder following tried to collect an enthusiastic attorney’s commission out of the new junior lienholder. Brand new demo courtroom denied the cost, which Courtroom verified, watching your lienholders had not affirmatively asserted the states facing each other, but alternatively just resistant to the borrower. Standard Digital, 1970 Ok 162, ¶ 8, 475 P.2d at 138. This new Robeys has actually asserted its allege against A lot of time Coastline, and that distinguishes this example away from General Electric.