The $2 hundred, notice stored of the Boundary Lender try unsecured

The $2 hundred, notice stored of the Boundary Lender try unsecured

¶ 8 The newest Courtroom of Municipal Appeals accurately seen your $85, contour toward property value the home is at the latest highest end of imagine created by Mr. Robey, who’s regarding the realtor industry. Mr. Robey plus affirmed the property is actually resold to own $71,, hence matter the brand new demo court are free to take on as more an indicator out of market value. Properly, you to judgment is actually backed by the evidence displayed, and won’t in any way contradict the brand new conclusions of fact because of the demo court.

¶ 9 This new Robeys including believe that the demonstration judge erred inside decreasing to help you prize them an attorney’s fee. They believe just like the results of-fact were “a reasonable lawyer commission are set of the Courtroom upon correct application” that the legal is needed to award brand new attorney’s percentage. Brand new demonstration court appear to reconsidered one to honor since record entryway rejected the latest Robeys an attorney’s percentage. The fresh new Legal off Municipal Is attractive affirmed.

Earliest National Financial, 1970 Okay 162, 475 P

¶ ten The fresh Robeys claim he is entitled to an enthusiastic attorney’s percentage pursuant to 42 O.S.2001, § 176, that gives: “Inside a hobby taken to enforce any lien the fresh new cluster having who judgment is actually made is going to be entitled to get well a good attorney’s percentage, become repaired from the courtroom, which will be taxed as the will set you back about action.” This new Robeys argue its step against A lot of time Beach is actually for starvation of their statutory right as the lienholders so you’re able to redeem the home, which makes the experience you to demand a beneficial lien.

¶ eleven Name 42 O.S.2001, § 19 provides this one who may have an effective lien that’s inferior to some other for a passing fancy property enjoys a straight to redeem the property in the sense as the proprietor you are going to, from the advanced lien. New Robeys encountered the statutory straight to receive the house of A lot of time Coastline. The fresh Robeys was in fact issued injuries by the demonstration courtroom because Long Beach got see they advertised a beneficial lien on property. twelve O.S.2001, § 764(A)(1). Whenever Enough time Seashore did not offer observe of your property foreclosure and you may revenue, they stopped the brand new Robeys off redeeming the property. Those people legal rights was legal developing out of the lien the fresh new Robeys got contrary to the possessions.

The latest elder lienholder intervened and you will effectively situated the fresh top priority of the lien

¶ a dozen Enough time Seashore compares the details in this instance to Boundary Given. Sav. and Financing Ass’n vmercial Financial, 1990 Okay CIV Software 105, 806 P.2d 1140. If so, two banking companies kept cards made by an equivalent borrower. The latest $31, mention stored of the Commercial Financial are protected because of the almost every other commercial paper, which was including into the default. Financial institutions individually prosecuted new debtor, and you may shortly after getting view, Commercial Bank marketed the fresh security at sheriff’s sales, with find in order to Boundary. Boundary objected, but don’t notice on confirmation buy. Boundary then recorded some other action, claiming this stored a properly-learned safeguards need for the new collateralized commercial papers by the virtue regarding a post-view garnishment continuing, and you will sought actual and you can punitive damages for losings sustained because of Industrial Bank’s technically-unreasonably acts. The brand new demo legal influenced in favor of Commercial Financial, however, declined Commercial’s software to have an attorney’s payment not as much as § 176. The fresh new Legal away from Is attractive confirmed, taking that the fit wasn’t you to definitely enforce an effective lien, one to Boundary Bank indeed didn’t come with lien to the collateralized industrial paper. Conversely, the new Robeys had an excellent lien to the real property foreclosed because of the Much time Beach.

¶ thirteen Brand new Frontier instance cites which Court’s choice generally speaking Digital Borrowing from the bank Corp. v. 2d 137, because expert because of its holding. Generally speaking Digital, the fresh junior lienholder prosecuted the primary debtors. The brand new senior lienholder following tried to gather an attorney’s percentage away from new junior lienholder. The new trial judge rejected the price tag, and this Legal verified, observing that lienholders hadn’t affirmatively asserted the states up against both, but instead just up against the debtor. General Digital, 1970 Ok 162, ¶ 8, 475 P.2d at 138. The fresh new Robeys has actually asserted its allege facing A lot of time Beach, and this differentiates this case from online payday KS Standard Electric.