Robey also affirmed the house or property try resold to possess $71,, and this amount the fresh demo courtroom are absolve to take on as more an indication away from market value

¶ 8 Brand new Judge away from Civil Appeals accurately observed the $85, profile to your property value the house or property is at the new large avoid of the estimate made by Mr. Robey, who’s regarding the real estate industry. Mr. Correctly, one to wisdom was supported by the data displayed, and does not by any means contradict brand new conclusions of fact of the demonstration courtroom.

¶ nine New Robeys also insist that the demo court erred for the declining to award him or her an enthusiastic attorney’s payment. It believe just like the conclusions of fact include “a reasonable attorney commission as lay because of the Judge abreast of best app” that judge is required to award the attorney’s fee. New demo court apparently reconsidered you to definitely prize as log entryway denied the latest Robeys an attorney’s fee. The brand new Legal off Municipal Is attractive affirmed.

¶ ten New Robeys claim they are permitted an enthusiastic attorney’s payment pursuant in order to 42 O.S.2001, § 176, that offers: “Into the an action taken to impose people lien the group having which view try rendered can be entitled to recover a fair attorney’s payment, is fixed by courtroom, hence would be taxed given that can cost you from the action.” Brand new Robeys dispute their action facing Long Seashore is actually for deprivation of its statutory best since lienholders so you can redeem the property, which makes the action one demand an excellent lien.

¶ eleven Identity 42 O.S.2001, § 19 provides this 1 that a good lien which is second-rate to a different for a passing fancy possessions enjoys a directly to redeem the home in the sense as the owner you will, on the superior lien. The latest Robeys met with the legal to receive the house out of A lot of time Seashore. New Robeys was in fact provided damage by demonstration courtroom as the Long Coastline got notice it said a lien from the assets. a dozen O.S.2001, § 764(A)(1). Whenever A lot of time Coastline don’t render find of your own foreclosures and product sales, it averted the fresh new Robeys regarding redeeming the house or property. Those people rights is statutory occurring from the lien the Robeys got contrary to the property.

¶ several Enough time Seashore compares the main points in this case to Frontier Given. Sav. and you will Financing Ass’n vmercial Financial, 1990 Okay CIV Application 105, 806 P.2d 1140. Therefore, a couple of banks held cards from a similar borrower. The new $30, notice kept because of the Commercial Bank was covered by the other commercial report, that has been along with during the default. The banks by themselves sued the new borrower, and immediately after delivering view, Commercial Lender sold the brand new guarantee at sheriff’s business, with notice to help you Boundary. Boundary objected, but didn’t notice regarding verification order. Frontier following filed another step, claiming so it held a properly-learned protection interest in the brand new collateralized commercial report by advantage out-of a blog post-wisdom garnishment continuing, and sought genuine and you will punitive injuries to own loss obtain courtesy Commercial Bank’s theoretically-unreasonably serves. The new trial court ruled in favor of Commercial Lender, but refused Commercial’s software to own an enthusiastic attorney’s percentage lower than § 176. New Legal out-of Appeals confirmed, recognizing that match was not you to definitely enforce a beneficial lien, one installment loans Connecticut to Frontier Financial indeed didn’t come with lien into collateralized industrial report. On the other hand, the brand new Robeys got an excellent lien on real-estate foreclosed because of the Much time Coastline.

First National Bank, 1970 Okay 162, 475 P

¶ thirteen The Boundary instance alludes to that it Court’s choice generally speaking Electric Borrowing Corp. v. 2d 137, just like the authority for its holding. As a whole Electric, the new junior lienholder prosecuted the principal debtors. Brand new senior lienholder intervened and you can efficiently centered this new priority of its lien. The latest elder lienholder then attempted to collect a keen attorney’s commission out-of the fresh junior lienholder. The new demo court refused the price tag, hence Courtroom affirmed, watching the lienholders had not affirmatively asserted its says facing both, but instead simply from the debtor. General Electronic, 1970 Ok 162, ¶ 8, 475 P.2d within 138. New Robeys keeps asserted its allege facing Long Beach, hence distinguishes this case out-of Standard Electric.