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The fresh new $2 hundred, mention kept by the Boundary Financial was unsecured

Robey as well as affirmed the house or property was resold to own $71,, and that number the newest demonstration judge was able to take on much more an indicator off market value

¶ 8 The fresh new Judge regarding Civil Appeals precisely seen the $85, profile into worth of the house is at the fresh new higher avoid of guess produced by Mr. Robey, who is on real estate business. Mr. Properly, you to definitely view was backed by the evidence presented, and will not at all contradict the newest conclusions of-fact because of the demo courtroom.

¶ nine The brand new Robeys in addition to believe the demo legal erred for the declining to prize him or her a keen attorney’s percentage. It argue that since findings of-fact were “a good attorney commission as place because of the Court abreast of correct application” that legal is needed to prize the newest attorney’s fee. New demo court apparently reconsidered you to definitely award just like the journal entryway refused brand new Robeys an attorney’s payment. New Courtroom off Municipal Is attractive verified.

¶ 10 The new Robeys allege they are eligible to a keen attorney’s percentage pursuant so you can 42 O.S.2001, § 176, that provides: “During the an action delivered to enforce any lien the class to possess who judgment is made is going to be permitted recover a fair attorney’s fee, becoming repaired by court, and that might be taxed once the will cost you regarding the step.” The fresh new Robeys dispute its step against A lot of time Seashore is actually for deprivation of the statutory proper because the lienholders so you can redeem the house, that produces the experience one https://pdqtitleloans.com/installment-loans-sc/ enforce a great lien.

¶ 11 Title 42 O.S.2001, § 19 brings this 1 who may have a lien that is substandard to a different for a passing fancy property has actually a straight to redeem the property in the sense as the proprietor might, throughout the premium lien. The latest Robeys had the statutory to redeem the house out of Enough time Coastline. The fresh Robeys have been approved damages of the demo courtroom because Long Seashore had notice they claimed a beneficial lien regarding property. several O.S.2001, § 764(A)(1). Whenever Long Coastline didn’t bring find of foreclosure and you may income, it avoided the Robeys away from redeeming the house or property. The individuals rights was statutory developing from the lien brand new Robeys got from the possessions.

¶ 12 A lot of time Beach measures up the details in this case so you can Boundary Provided. Sav. and you can Financing Ass’n vmercial Bank, 1990 Ok CIV Software 105, 806 P.2d 1140. In this case, a couple finance companies stored notes produced by the same debtor. New $30, note held by the Commercial Bank is actually covered of the other commercial paper, which was also within the standard. Financial institutions independently charged brand new borrower, and once bringing judgment, Commercial Lender marketed the fresh guarantee at the sheriff’s business, with notice in order to Boundary. Frontier objected, but failed to appeal regarding the verification order. Boundary upcoming registered several other step, claiming this kept a duly-mastered safeguards interest in the fresh collateralized industrial papers by the virtue regarding a blog post-view garnishment proceeding, and you will tried actual and you can punitive damages for losings obtain as a result of Industrial Bank’s theoretically-unreasonably acts. The new trial courtroom ruled in support of Commercial Financial, however, refused Commercial’s software for a keen attorney’s fee under § 176. The newest Judge out-of Is attractive affirmed, taking your fit wasn’t that demand an effective lien, you to Frontier Lender indeed didn’t come with lien on the collateralized commercial papers. However, new Robeys had a lien on real-estate foreclosed of the Much time Coastline.

Very first National Lender, 1970 Okay 162, 475 P

¶ thirteen The new Boundary situation alludes to this Court’s choice in general Electronic Credit Corp. v. 2d 137, since expert because of its carrying. Generally speaking Electric, the junior lienholder prosecuted the primary debtors. The older lienholder intervened and you can efficiently founded the fresh new top priority of its lien. The older lienholder after that made an effort to gather an enthusiastic attorney’s fee out of the fresh junior lienholder. This new trial courtroom rejected the price, and therefore Legal verified, watching your lienholders hadn’t affirmatively asserted their states facing both, but rather simply up against the debtor. Standard Electric, 1970 Okay 162, ¶ 8, 475 P.2d in the 138. The new Robeys possess asserted the allege facing Long Seashore, and that distinguishes this example from General Electric.