¶ 8 The new Court from Municipal Appeals precisely seen your $85, contour towards the worth of the house or property was at the newest highest end of the guess created by Mr. Robey, who is regarding the real estate industry. Mr. Robey also affirmed the property is resold getting $71,, and this count the newest trial judge is absolve to deal with much more an indicator out-of market value. Appropriately, that judgment are supported by the data displayed, and will not by any means oppose the latest results of-fact by the trial courtroom.
¶ nine The newest Robeys plus believe the demonstration court erred into the decreasing so you’re able to honor them a keen attorney’s fee. They believe because findings of fact were “a reasonable lawyer commission to-be lay of the Legal on proper software” the judge is required to prize the brand new attorney’s percentage. The brand new demo legal frequently reconsidered one prize because the record admission denied the Robeys an attorney’s payment. New Legal of Municipal Appeals affirmed.
Very first Federal Lender, 1970 Okay 162, 475 P
¶ ten The latest Robeys claim he’s permitted an enthusiastic attorney’s fee pursuant in order to 42 O.S.2001, § 176, which provides: “Within the an activity delivered to impose one lien the fresh cluster to have who view is actually made will be eligible to recover a good attorney’s payment, are fixed by courtroom, and therefore are taxed since will set you back regarding step.” Brand new Robeys dispute their step facing Enough time Beach is for starvation online payday NJ of its legal correct since the lienholders to help you get the home, that produces the action one to impose an excellent lien.
¶ eleven Label 42 O.S.2001, § 19 provides this 1 who’s got a beneficial lien that is lower to a different on the same property possess a right to get the house or property in the same manner as its manager you will, on the advanced lien. New Robeys encountered the statutory straight to receive the property of Enough time Beach. The brand new Robeys were given damages by trial judge while the A lot of time Seashore got find it claimed an excellent lien on property. twelve O.S.2001, § 764(A)(1). When Long Beach failed to give notice of your own foreclosures and marketing, it avoided new Robeys out-of redeeming the home. Those individuals rights is statutory occurring out of the lien the brand new Robeys had against the assets.
The new elder lienholder intervened and efficiently built new consideration of its lien
¶ twelve Enough time Coastline measures up the important points in this case so you can Frontier Fed. Sav. and Financing Ass’n vmercial Financial, 1990 Okay CIV Software 105, 806 P.2d 1140. Therefore, a couple of finance companies kept cards produced by an identical borrower. The $30, note stored by the Industrial Financial was secure by the almost every other industrial paper, that was together with in default. Banking institutions on their own charged the borrower, and you will immediately after getting judgment, Industrial Bank marketed the latest security during the sheriff’s deals, that have observe to help you Boundary. Boundary objected, however, didn’t appeal from the confirmation order. Frontier upcoming submitted another step, saying so it kept a properly-learned safety interest in the collateralized industrial paper by virtue of a post-wisdom garnishment continuing, and you can desired real and punitive damages to have losings sustained due to Industrial Bank’s officially-unreasonably acts. The latest demo courtroom influenced in favor of Commercial Lender, however, denied Commercial’s application getting an enthusiastic attorney’s commission not as much as § 176. This new Judge away from Appeals confirmed, accepting your suit was not one enforce good lien, you to Frontier Financial actually didn’t come with lien towards the collateralized commercial papers. However, this new Robeys got a beneficial lien on real property foreclosed by Long Seashore.
¶ thirteen The newest Frontier situation cites so it Court’s choice generally speaking Electronic Borrowing from the bank Corp. v. 2d 137, because power because of its carrying. Overall Digital, this new junior lienholder sued the main debtors. The new older lienholder after that tried to assemble a keen attorney’s fee out of new junior lienholder. The fresh new demo legal refused the price, and therefore Court verified, watching your lienholders had not affirmatively asserted their says against both, but instead simply against the debtor. General Electric, 1970 Ok 162, ¶ 8, 475 P.2d in the 138. The newest Robeys provides asserted their claim against Much time Coastline, and this distinguishes this case out of General Electric.