¶ 8 The fresh Legal away from Municipal Is attractive truthfully noticed the $85, shape toward property value the home is at this new higher stop of the imagine made by Mr. Robey, that is throughout the realtor industry. Mr. Robey and affirmed the property try resold to possess $71,, hence amount the brand new demonstration legal is able to accept as more a sign out of market price. Appropriately, one judgment is actually supported by the evidence presented, and won’t at all oppose the fresh new findings of-fact because of the trial judge.

¶ nine This new Robeys together with believe that the demonstration court erred in declining to honor her or him an attorney’s commission. It believe because findings of-fact tend to be “a reasonable lawyer fee is put by the Legal abreast of correct software” your judge is required to award the new attorney’s percentage. This new demonstration legal seem to reconsidered one to prize since the diary entry rejected this new Robeys an enthusiastic attorney’s percentage. This new Legal of Municipal Is attractive confirmed.

Basic Federal Financial, 1970 Ok 162, 475 P

¶ 10 The latest Robeys claim he’s eligible to an enthusiastic attorney’s fee pursuant so you can 42 O.S.2001, § 176, that gives: “In the a task brought to demand one lien the fresh class getting who wisdom is actually rendered can be eligible to recover a good attorney’s payment, getting fixed from the court, and that are going to be taxed given that will cost you about action.” The latest Robeys dispute its step up against Much time Beach is actually for deprivation of their legal correct because lienholders so you’re able to redeem the house or property, that makes the experience you to impose an excellent lien.

¶ eleven Label 42 O.S.2001, § 19 will bring this one who may have good lien that is second-rate to some other on a single possessions provides a right to redeem the house in the sense as the owner might, regarding advanced lien. The latest Robeys had the statutory right to receive the house out-of Enough time Beach. payday loans in Alaska The new Robeys had been approved damage because of the trial court as the Long Seashore got observe it claimed a great lien in the possessions. twelve O.S.2001, § 764(A)(1). Whenever A lot of time Beach failed to render observe of your own foreclosures and you will sale, it stopped the brand new Robeys of redeeming the house. The individuals legal rights are legal developing outside of the lien new Robeys got resistant to the property.

The fresh elderly lienholder intervened and you can successfully dependent the consideration of the lien

¶ several Enough time Seashore compares the important points in such a case so you’re able to Boundary Provided. Sav. and you will Financing Ass’n vmercial Financial, 1990 Okay CIV App 105, 806 P.2d 1140. In that case, several financial institutions stored cards created by an identical debtor. The $31, notice kept of the Industrial Lender is actually protected because of the most other commercial paper, which was and for the standard. The banks separately prosecuted the newest borrower, and you can immediately following delivering judgment, Industrial Bank offered the latest guarantee in the sheriff’s revenue, that have see in order to Boundary. Frontier objected, but didn’t attention from the verification buy. Boundary after that filed several other action, saying which stored a duly-perfected defense interest in new collateralized commercial report of the advantage from a blog post-view garnishment continuing, and needed real and you may punitive damage getting losings incurred because of Industrial Bank’s commercially-unreasonably acts. The fresh demo judge governed in favor of Industrial Bank, but denied Commercial’s app getting an attorney’s payment significantly less than § 176. The newest Legal out-of Appeals confirmed, acknowledging your fit was not you to definitely demand a great lien, you to definitely Frontier Bank in fact didn’t come with lien towards the collateralized industrial report. Alternatively, the newest Robeys got an effective lien on real-estate foreclosed by Long Seashore.

¶ thirteen This new Frontier circumstances alludes to which Court’s choice as a whole Electronic Credit Corp. v. 2d 137, because authority because of its carrying. Generally Electronic, the junior lienholder charged the principal debtors. New senior lienholder then made an effort to gather a keen attorney’s percentage out-of brand new junior lienholder. The brand new demonstration courtroom declined the cost, and this Court verified, observing the lienholders had not affirmatively asserted the states against both, but rather just contrary to the borrower. Standard Digital, 1970 Okay 162, ¶ 8, 475 P.2d on 138. The newest Robeys has actually asserted the claim facing Long Seashore, and therefore distinguishes this example out-of General Digital.