Robey including affirmed the house or property are resold for $71,, and therefore amount brand new trial court is absolve to deal with as more an indication off market value
¶ 8 The brand new Court regarding Civil Is attractive correctly observed that the $85, contour on the property value the house is at the fresh new higher stop of imagine from Mr. Robey, that is throughout the realtor industry. Mr. Correctly, one to wisdom is actually supported by evidence demonstrated, and does not in any way oppose the fresh results of fact by demo legal.
¶ 9 The new Robeys also believe the demonstration court erred inside the declining to help you honor her or him an attorney’s fee. They believe since findings of fact were “a reasonable attorney percentage as place of the Court abreast of correct app” that the judge must award new attorney’s payment. The demo courtroom appear to reconsidered one to prize as the diary admission denied the Robeys an attorney’s payment. The latest Legal from Civil Is attractive confirmed.
¶ 10 The fresh new Robeys claim he is entitled to a keen attorney’s percentage pursuant so you’re able to 42 O.S.2001, § 176, that offers: “During the a task delivered to demand any lien this new cluster for which judgment was rendered is going to be eligible to get well a reasonable attorney’s commission, become repaired of the courtroom, hence is going to be taxed because the will set you back about step.” The brand new Robeys dispute the step against Long Coastline is actually for starvation of their legal right since the lienholders to help you receive the home, that makes the experience you to definitely enforce an excellent lien.
¶ eleven Label 42 O.S.2001, § 19 brings this option who may have a good lien which is substandard to another on a single assets enjoys a directly to get the property in the same manner as its owner you are going to, from the premium lien. The Robeys had the statutory straight to redeem the property regarding Long Beach. The fresh Robeys was basically given damages by trial judge while the Enough time Seashore had observe they reported a beneficial lien regarding assets. twelve O.S.2001, § 764(A)(1). When Long Coastline failed to bring see of your foreclosures and you will sale, they prevented the Robeys out of redeeming the house or property. Men and women rights is actually statutory arising out of the lien the fresh new Robeys had resistant to the possessions.
¶ a dozen Enough time Seashore compares the facts Florida installment payday loans in this instance in order to Boundary Given. Sav. and you can Financing Ass’n vmercial Bank, 1990 Okay CIV Software 105, 806 P.2d 1140. In that case, several banking institutions stored cards created by an identical debtor. Brand new $29, mention held from the Commercial Financial are protected by most other industrial report, which had been together with within the default. Banking institutions by themselves sued the fresh debtor, and you can once delivering view, Commercial Bank ended up selling the new guarantee in the sheriff’s business, which have see so you’re able to Boundary. Boundary objected, but did not notice about verification purchase. Frontier upcoming submitted some other step, saying it stored a properly-learned shelter demand for the latest collateralized commercial paper by the virtue regarding a blog post-judgment garnishment continuing, and looked for real and you may punitive damage to own losings incurred through Commercial Bank’s officially-unreasonably acts. The demonstration legal governed in favor of Industrial Financial, but refuted Commercial’s application to possess a keen attorney’s fee under § 176. This new Courtroom off Appeals confirmed, accepting that the suit wasn’t you to definitely impose a lien, that Boundary Financial actually had no lien into collateralized industrial paper. Having said that, the fresh new Robeys had a beneficial lien towards the real estate foreclosed of the Enough time Beach.
Earliest National Bank, 1970 Ok 162, 475 P
¶ 13 The Frontier situation alludes to that it Court’s decision generally speaking Digital Credit Corp. v. 2d 137, since authority because of its holding. As a whole Electric, the latest junior lienholder sued the principal debtors. The newest senior lienholder intervened and you may effectively oriented this new priority of its lien. The brand new elderly lienholder following attempted to gather a keen attorney’s fee out-of this new junior lienholder. This new trial judge refused the fee, and therefore Court confirmed, watching your lienholders hadn’t affirmatively asserted its claims facing one another, but instead just resistant to the borrower. General Electric, 1970 Ok 162, ¶ 8, 475 P.2d on 138. The fresh Robeys keeps asserted its claim facing A lot of time Beach, hence distinguishes this example of General Digital.