The latest $2 hundred, note stored by Boundary Bank try unsecured

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The latest $2 hundred, note stored by Boundary Bank try unsecured

¶ 8 This new Judge from Municipal Appeals precisely observed that $85, contour on the value of the house was at the fresh large avoid of the estimate produced by Mr. Robey, who is from the real estate industry. Mr. Robey including affirmed the house was resold getting $71,, and that count the brand new demonstration court was absolve to take on as more an indicator out-of market value. Accordingly, you to definitely wisdom are backed by the data showed, and will not in any way contradict new findings of fact because of the trial courtroom.

¶ 9 New Robeys along with assert the demonstration judge erred inside decreasing in order to award them an attorney’s commission. It believe since findings of fact include “a fair lawyer percentage as place by Judge upon correct app” the legal is required to award new attorney’s fee. The fresh demonstration legal appear to reconsidered that prize because the diary admission denied the fresh new Robeys an attorney’s payment. The Courtroom regarding Municipal Is attractive affirmed.

Basic Federal Bank, 1970 Okay 162, 475 P

¶ 10 Brand new Robeys claim they are entitled to an enthusiastic attorney’s commission pursuant in order to 42 O.S.2001, § 176, that gives: “During the an activity delivered to demand any lien the group having whom judgment try rendered is going to be permitted recover a reasonable attorney’s percentage, is fixed by the courtroom, hence will be taxed because the will set you back in the action.” The new Robeys argue the step facing Enough time Coastline is for starvation of its legal correct because the lienholders so you’re able to redeem the home, that makes the experience you to definitely enforce a great lien.

¶ 11 Term 42 O.S.2001, § 19 provides this option who has good lien that’s lower to another on a single possessions features a directly to get the house or property in the same way as the manager might, from the premium lien. The newest Robeys had the statutory straight to get the property out of Enough time Coastline. The fresh new Robeys was in fact provided damage because of the demonstration court because Enough time Coastline got find they reported a lien on the possessions. a dozen O.S.2001, § 764(A)(1). When A lot of time Beach don’t render notice of foreclosures and income, it prevented the latest Robeys from redeeming the property. Those liberties is actually legal occurring out from the lien the fresh new Robeys got contrary to the property.

The brand new older lienholder intervened and you will properly depending this new concern of the lien

¶ a dozen Long Seashore measures up the main points in cases like this to Frontier Provided. Sav. and you will Mortgage Ass’n vmercial Bank, 1990 Ok CIV App 105, 806 P.2d 1140. If that’s the case, several banking institutions held cards produced by an equivalent borrower. The $30, mention stored by the Industrial Financial was safeguarded of the most other commercial report, that has been in addition to into the default. Banking institutions individually charged new borrower, and you can once bringing wisdom, Commercial Lender offered the latest security on sheriff’s profit, with find to help you Boundary. Frontier objected, however, don’t attract on the confirmation acquisition. Boundary after that recorded several other step, stating which stored a duly-perfected safeguards need for the new collateralized commercial paper because of the virtue away from an article-wisdom garnishment continuing, and you can looked for genuine and punitive injuries getting loss obtain as a consequence of Industrial Bank’s theoretically-unreasonably serves. This new demonstration courtroom governed in favor of Industrial Financial, but refuted Commercial’s software to possess an attorney’s payment below § 176. The fresh new Court out of Is attractive verified, taking that the fit was not one to impose a great lien, one to Boundary Financial in fact didn’t come with lien toward collateralized industrial papers. However, this new Robeys got a great lien towards the property foreclosed by Much time Coastline.

¶ thirteen Brand new Boundary circumstances cites so it Court’s choice as a whole Electric Borrowing Corp. v. 2d 137, because the power for the holding. Overall Electronic, the brand new junior lienholder charged the primary debtors. The brand new elderly lienholder next attempted to gather a keen attorney’s commission regarding the brand new junior lienholder. Brand new demonstration court refuted the cost, and that Court verified, observing the lienholders hadn’t affirmatively asserted its claims against both, but rather only resistant to the debtor. Standard Electric, 1970 Ok 162, ¶ 8, 475 P.2d within 138. The new Robeys have asserted the claim facing Enough time Coastline, hence distinguishes this example regarding General Digital.

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