The newest $200, note held by Boundary Bank is unsecured

The newest $200, note held by Boundary Bank is unsecured

Robey in addition to affirmed the house is resold to possess $71,, hence count the demo legal was liberated to take on much more an indication out of market value

¶ 8 The brand new Courtroom out-of Municipal Is attractive correctly seen the $85, shape on the property value the home is at the fresh higher end of the guess from Mr. Robey, who is regarding the realtor industry. Mr. Accordingly, one judgment is supported by the evidence demonstrated, and will not at all contradict the brand new results of fact because of the demo courtroom.

¶ nine The fresh Robeys and demand that the trial court erred for the declining to help you prize him or her an enthusiastic attorney’s percentage. They believe because the findings of fact tend to be “a good lawyer payment getting place by the Legal through to right app” your court is required to award the fresh new attorney’s percentage. Brand new demonstration legal appear to reconsidered one to prize due to the fact journal admission rejected the fresh Robeys an attorney’s percentage. The brand new Courtroom from Municipal Is attractive verified.

¶ ten The fresh new Robeys claim he is eligible to an attorney’s percentage pursuant to 42 O.S.2001, § 176, that provides: “For the a task brought to enforce one lien brand new group to own just who judgment was rendered should be permitted recover a reasonable attorney’s payment, to be repaired by the judge, and therefore might be taxed because costs from the step.” The brand new Robeys dispute the step against Enough time Beach is actually for deprivation of its legal proper as lienholders so you can get the house or property, that produces the experience one to impose good lien.

¶ eleven Identity 42 O.S.2001, § 19 will bring this 1 who’s got an excellent lien which is second-rate to some other on a single possessions has actually a right to get the home in the same manner as the owner might, throughout the premium lien. The brand new Robeys had the legal straight to receive the house or property out-of A lot of time Seashore. The latest Robeys were granted problems of the demonstration courtroom because Enough time Coastline had observe it advertised a good lien on possessions. 12 O.S.2001, § 764(A)(1). When Much time Coastline don’t provide see of one’s foreclosure and you may business, they avoided the fresh new Robeys out-of redeeming the property. Those individuals rights are legal arising outside of the lien new Robeys had contrary to the possessions.

¶ several Long Coastline measures up the important points in such a case in order to Frontier Given. Sav. and you may Financing Ass’n vmercial Financial, 1990 Okay CIV Application 105, 806 P.2d 1140. Therefore, two financial institutions kept cards from a similar debtor. The fresh new $29, note stored because of the Industrial Lender is actually shielded by other commercial report, which had been including for the default. Financial institutions by themselves prosecuted brand new borrower, and you can once getting judgment, Commercial Bank sold this new security at sheriff’s income, which have notice so you can Boundary. Boundary objected, however, don’t attract in the confirmation purchase. Frontier up coming filed various other action, saying that it stored a properly-perfected safety demand for the fresh new collateralized commercial report because of the advantage off a post-wisdom garnishment proceeding, and needed real and punitive problems to have losses incurred due to Industrial Bank’s theoretically-unreasonably acts. Brand new demonstration judge governed in support of Industrial Financial, but refuted Commercial’s application to have an attorney’s commission not as much as § 176. The new Courtroom out of Appeals confirmed, accepting your fit wasn’t you to demand a beneficial lien, that Frontier Financial in fact didn’t come with lien into collateralized industrial report. In contrast, the new Robeys got an excellent lien to the real estate foreclosed because of the Enough time Seashore.

First Federal Bank, 1970 Okay 162, 475 P

¶ 13 Brand new Boundary case cites which Court’s choice generally speaking Electronic Borrowing from the bank Corp. v. 2d 137, since authority for the holding. Typically Electric, the junior lienholder prosecuted the main debtors. Brand new older lienholder intervened and you can effortlessly oriented new priority of its lien. The older lienholder next tried to assemble an enthusiastic attorney’s commission out-of the newest junior lienholder. Brand new trial legal denied the cost, hence Court confirmed, observing that the lienholders hadn’t affirmatively asserted their states facing both, but instead just from the borrower. Standard Electronic, 1970 Ok 162, ¶ 8, 475 P.2d from the 138. Brand new Robeys have asserted the allege up against A lot of time Coastline, and therefore differentiates this example away from Standard Electric.

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