Robey together with testified the house or property is actually resold to possess $71,, and therefore matter the latest demonstration court try able to take on as more a sign regarding market value

¶ 8 Brand new Courtroom of Civil Appeals precisely noticed your $85, shape towards property value the house was at the brand new large end of one’s guess from Mr. Robey, who’s from the real estate business. Mr. Properly, one view is actually supported by evidence showed, and does not at all contradict this new results of fact of the demo judge.

¶ 9 The new Robeys plus assert the demo court erred from inside the declining so you can honor her or him an attorney’s commission. It argue that just like the results of-fact include “a good attorney percentage is set by the Court through to right application” that legal is required to prize brand new attorney’s percentage. The trial court apparently reconsidered one prize just like the log entryway rejected the brand new Robeys a keen attorney’s payment. The fresh Judge regarding Civil Appeals affirmed.

¶ ten The fresh new Robeys allege he could be eligible to a keen attorney’s fee pursuant in order to 42 O.S.2001, § 176, which provides: “Inside an activity delivered to impose one lien the latest party getting just who wisdom is actually rendered is going to be eligible to recover a reasonable attorney’s commission, to get fixed by judge, hence can be taxed as will set you back throughout the step.” New Robeys dispute its action up against Long Coastline is for starvation of the legal right while the lienholders so you’re able to get the home, which makes the action one to demand an excellent lien.

¶ eleven Name 42 O.S.2001, § 19 will bring that one who’s a good lien that’s substandard to a different for a passing fancy assets provides a directly to get the house in the same way as its manager you are going to, from the advanced lien. The fresh Robeys encountered the statutory to get the house or property out-of Enough time Beach. The latest Robeys was issued injuries by demo court while the A lot of time Coastline got find it said good lien about possessions. a dozen O.S.2001, § 764(A)(1). When Much time Beach didn’t bring observe of the property foreclosure and you may purchases, they eliminated the new Robeys away from redeeming the house or property. Those rights was statutory developing outside of the lien the fresh new Robeys had against the assets.

¶ several A lot of time Beach compares the facts in cases like this in order to Boundary Provided. Sav. and Mortgage Ass’n vmercial Bank, 1990 Ok CIV Application 105, 806 P.2d 1140. If that’s the case, a couple of banks stored cards created by a similar debtor. The newest $31, mention kept by Industrial Lender is secured by almost every other commercial papers, which had been along with during the default. Financial institutions by themselves prosecuted the newest debtor, and you may immediately after providing view, Industrial Financial ended up selling new collateral during the sheriff’s profit, which have see to Frontier. Frontier objected, but didn’t attention on verification buy. Frontier next registered various other step, stating it held a properly-mastered shelter need for the newest collateralized industrial paper because of the advantage off a post-wisdom garnishment continuing, and you will desired actual and you will punitive damages getting losses obtain by way of Industrial Bank’s theoretically-unreasonably acts. Brand new trial judge influenced in favor of Industrial Lender, however, refused Commercial’s software getting a keen attorney’s payment significantly less than § 176. The Legal of Appeals verified, acknowledging that the suit was not that impose an excellent lien, you to Boundary Bank in fact didn’t come with lien into the collateralized industrial paper. Alternatively, this new Robeys got a lien with the real estate foreclosed of the Enough time Beach.

Very first Federal Lender, 1970 Ok 162, 475 P

¶ 13 The brand new Frontier case alludes to that it Court’s decision generally Electric Borrowing Corp. v. 2d 137, just like the expert for the carrying. Typically Digital, the fresh new junior lienholder sued the main debtors. The newest older lienholder intervened and you may successfully established brand new top priority of their lien. This new older lienholder after that attempted to assemble an enthusiastic attorney’s payment out of the latest junior lienholder. https://servicecashadvance.com/installment-loans-or/ New trial court rejected the fee, and therefore Courtroom verified, watching your lienholders had not affirmatively asserted their says up against both, but instead only from the debtor. General Electric, 1970 Okay 162, ¶ 8, 475 P.2d in the 138. The brand new Robeys have asserted their claim against A lot of time Beach, and that distinguishes this case from Standard Digital.