The brand new $2 hundred, notice held because of the Frontier Financial is actually unsecured

¶ 8 The fresh new Legal away from Municipal Appeals precisely noticed that $85, shape into the value of the house is at the fresh new higher end of the estimate produced by Mr. Robey, who is on the real estate industry. Mr. Robey and testified the home was resold to possess $71,, hence matter the latest demonstration legal try free to undertake much more a sign off market price. Correctly, that wisdom was backed by the evidence presented, and will not by any means oppose brand new findings of-fact of the trial court.

¶ 9 The Robeys along with assert that demo courtroom erred when you look at the decreasing so you’re able to prize him or her an enthusiastic attorney’s payment. They argue that once the conclusions of-fact tend to be “a fair attorney payment are place from the Judge on proper app” that legal must honor the newest attorney’s payment. The demo court apparently reconsidered one to honor since the diary admission refused this new Robeys an attorney’s payment. This new Courtroom out-of Civil Appeals affirmed.

First National Lender, 1970 Okay 162, 475 P

¶ 10 The latest Robeys claim he’s entitled to a keen attorney’s fee pursuant to help you 42 O.S.2001, § 176, that gives: “Into the an action delivered to demand any lien the brand new class to own exactly who view was rendered would be permitted recover a fair attorney’s payment, are fixed because of the legal, and that will be taxed since the can cost you in the step.” This new Robeys argue the step up against A lot of time Coastline is actually for deprivation of its legal correct as the lienholders in order to receive the home https://servicecashadvance.com/installment-loans-tx/gonzales/, which makes the experience one impose good lien.

¶ eleven Name 42 O.S.2001, § 19 brings this having an excellent lien which is lower to a different on the same assets have a directly to redeem the house or property in the same manner as its holder you’ll, about advanced lien. The fresh Robeys met with the statutory straight to get the house of A lot of time Coastline. New Robeys was in fact granted damage because of the demonstration court just like the Long Seashore had see they reported an excellent lien throughout the possessions. twelve O.S.2001, § 764(A)(1). When Enough time Coastline don’t provide notice of your own foreclosure and you can business, they stopped the Robeys from redeeming the house or property. Men and women legal rights try statutory occurring outside of the lien this new Robeys got up against the assets.

The latest elderly lienholder intervened and you may properly based the top priority of the lien

¶ several Much time Seashore measures up the information in this case so you can Boundary Fed. Sav. and you can Financing Ass’n vmercial Financial, 1990 Okay CIV Software 105, 806 P.2d 1140. In this case, a few financial institutions stored notes created by a similar debtor. New $29, note held by the Commercial Bank is actually protected from the most other commercial papers, which was in addition to when you look at the standard. The banks individually sued this new debtor, and shortly after delivering wisdom, Industrial Bank ended up selling this new equity at the sheriff’s marketing, which have see so you’re able to Boundary. Frontier objected, however, failed to focus about confirmation acquisition. Boundary up coming recorded several other action, claiming this stored a duly-mastered protection demand for this new collateralized industrial paper because of the advantage out-of an article-view garnishment continuing, and you will wanted actual and punitive damage for losses incurred owing to Industrial Bank’s theoretically-unreasonably acts. The latest demo legal influenced and only Commercial Bank, but refused Commercial’s software to own a keen attorney’s commission under § 176. The newest Court regarding Appeals verified, taking that fit wasn’t you to definitely impose a good lien, one to Boundary Lender actually didn’t come with lien towards collateralized commercial papers. On the other hand, the fresh new Robeys had a lien into property foreclosed by the Long Beach.

¶ thirteen This new Frontier circumstances cites that it Court’s decision generally speaking Electronic Borrowing Corp. v. 2d 137, while the power for the holding. Typically Digital, the junior lienholder prosecuted the principal debtors. The newest senior lienholder after that tried to collect a keen attorney’s commission regarding the junior lienholder. The newest demonstration court refused the price tag, and therefore Legal verified, watching the lienholders hadn’t affirmatively asserted their states against one another, but rather just up against the borrower. Standard Digital, 1970 Okay 162, ¶ 8, 475 P.2d within 138. This new Robeys have asserted their claim against Long Seashore, and this differentiates this situation away from General Electric.