¶ ۸ The Courtroom of Municipal Is attractive truthfully observed that $85, figure on the value of the house or property is at the fresh new highest end of your own estimate produced by Mr. Robey, who is from the real estate business. Mr. Robey in addition to testified the home was resold getting $71,, and therefore count the brand new demonstration court are free to undertake much more a sign out-of market price. Properly, one to judgment are supported by the evidence presented, and won’t at all contradict the latest conclusions of-fact of the trial courtroom.

¶ ۹ Brand new Robeys as well as insist that the demo court erred inside decreasing in order to award him or her an enthusiastic attorney’s commission. They argue that given that results of fact is “a fair attorneys percentage becoming place from the Court abreast of proper application” that court must honor the attorney’s payment. The new trial legal frequently reconsidered you to definitely honor because the journal entry refused the new Robeys an enthusiastic attorney’s fee. The newest Court from Municipal Appeals verified.

Earliest Federal Financial, 1970 Okay 162, 475 P

¶ ۱۰ The Robeys claim they are eligible to a keen attorney’s payment pursuant to help you 42 O.S.2001, § ۱۷۶, that gives: “Inside an activity brought to demand people lien the fresh new team for just who view is rendered shall be permitted recover a fair attorney’s fee, become fixed from the courtroom, and that shall be taxed while the will cost you on the step.” The latest Robeys dispute the action up against A lot of time Seashore is for deprivation of its statutory correct as the lienholders so you can redeem the property, that makes the experience one to impose a good lien.

¶ ۱۱ Label 42 O.S.2001, § ۱۹ provides this package who may have a good lien that’s substandard to a different on the same possessions possess a straight to receive the property in the same way as the manager you’ll, on the advanced lien. This new Robeys had the statutory right online payday RI to receive the home from A lot of time Seashore. The fresh new Robeys was in fact approved damages by demonstration court because A lot of time Coastline had observe they claimed an excellent lien throughout the property. 12 O.S.2001, § ۷۶۴(A)(1). When Enough time Seashore don’t render see of one’s foreclosure and you will marketing, they eliminated this new Robeys out of redeeming the home. Those legal rights was legal arising outside of the lien this new Robeys got against the possessions.

The newest elderly lienholder intervened and you can effortlessly dependent new concern of the lien

¶ several Much time Seashore measures up the main points in cases like this to help you Boundary Given. Sav. and you can Mortgage Ass’n vmercial Financial, 1990 Ok CIV App 105, 806 P.2d 1140. In that case, a few banking institutions stored notes from an identical debtor. The fresh $31, notice held by the Commercial Bank is actually protected of the most other industrial papers, which had been also during the standard. Financial institutions individually charged the newest borrower, and you will immediately after delivering judgment, Industrial Lender marketed new security from the sheriff’s income, which have find to help you Frontier. Boundary objected, however, didn’t appeal from the verification acquisition. Boundary up coming registered some other step, claiming so it kept a properly-learned security need for this new collateralized commercial report of the virtue off a blog post-judgment garnishment continuing, and sought real and you can punitive damage getting losses sustained due to Industrial Bank’s commercially-unreasonably serves. New demonstration legal ruled and only Commercial Lender, however, denied Commercial’s software having a keen attorney’s payment significantly less than § ۱۷۶٫ The fresh Courtroom of Is attractive confirmed, taking your fit was not one to impose a beneficial lien, you to Frontier Bank in fact had no lien to the collateralized commercial report. Conversely, the latest Robeys had a lien into property foreclosed by the Much time Seashore.

¶ thirteen The fresh Frontier case cites so it Court’s choice generally speaking Digital Borrowing from the bank Corp. v. 2d 137, while the expert for the holding. Generally Electronic, the junior lienholder prosecuted the main debtors. The new elderly lienholder then made an effort to collect a keen attorney’s commission regarding brand new junior lienholder. Brand new trial judge refused the price tag, which Court confirmed, observing that lienholders had not affirmatively asserted their says against both, but instead just from the debtor. Standard Electronic, 1970 Ok 162, ¶ ۸, ۴۷۵ P.2d within 138. The fresh new Robeys enjoys asserted the claim facing Long Beach, hence distinguishes this example out of Standard Digital.