¶ 8 The new Court of Civil Appeals precisely noticed that $85, contour to your worth of the home is at the new highest end of one’s estimate made by Mr. Robey, who’s on real estate industry. Mr. Robey together with affirmed the house is resold having $71,, and that amount the demo judge try free to accept as more an indication out-of market value. Appropriately, you to definitely wisdom is actually backed by the evidence displayed, and will not at all oppose the latest findings of fact of the trial court.

¶ nine The latest Robeys also demand the demonstration court erred into the declining so you can honor them an attorney’s percentage. It believe because findings of fact tend to be “a good attorneys commission getting put by Court abreast of correct software” that the Wyoming payday loans no credit check judge must honor this new attorney’s payment. The fresh new demo legal frequently reconsidered you to definitely honor since the diary entry rejected the latest Robeys a keen attorney’s fee. New Judge out-of Civil Appeals confirmed.

First Federal Lender, 1970 Okay 162, 475 P

¶ 10 The fresh new Robeys claim he’s eligible to an attorney’s fee pursuant so you’re able to 42 O.S.2001, § 176, which provides: “From inside the an action delivered to enforce any lien the latest group to have just who wisdom is made will likely be eligible to get well a reasonable attorney’s commission, as repaired from the legal, and this shall be taxed once the can cost you in the action.” The fresh new Robeys argue the step against Enough time Coastline is for starvation of their statutory correct just like the lienholders to redeem the house, that produces the action one to enforce a great lien.

¶ 11 Identity 42 O.S.2001, § 19 will bring this option that has an excellent lien which is substandard to another on a single possessions features a directly to receive the home in the same way as its proprietor you are going to, from the premium lien. The fresh Robeys had the legal directly to receive the property off A lot of time Coastline. The fresh new Robeys was indeed approved damage of the trial judge as Long Beach got find they reported a lien on the possessions. several O.S.2001, § 764(A)(1). Whenever Much time Beach didn’t promote notice of one’s foreclosures and you may revenue, they stopped the fresh Robeys away from redeeming the home. Those liberties was legal occurring out from the lien this new Robeys got up against the property.

The latest elder lienholder intervened and you can effortlessly centered the fresh top priority of their lien

¶ a dozen A lot of time Coastline measures up the facts in this situation to help you Frontier Given. Sav. and you will Loan Ass’n vmercial Financial, 1990 Okay CIV Software 105, 806 P.2d 1140. If that’s the case, a couple of banking institutions held notes produced by a similar borrower. The new $29, notice stored from the Industrial Bank try secure by the most other commercial paper, that was plus in standard. Banking institutions independently prosecuted the newest borrower, and you may after taking wisdom, Industrial Lender marketed the fresh equity from the sheriff’s revenue, that have find to help you Frontier. Boundary objected, but don’t notice about verification purchase. Frontier up coming registered some other action, stating it stored a duly-mastered cover interest in the collateralized commercial paper by advantage of a blog post-wisdom garnishment proceeding, and found genuine and you will punitive damages to possess loss obtain because of Industrial Bank’s officially-unreasonably serves. The fresh demonstration legal governed and only Industrial Financial, but rejected Commercial’s app for a keen attorney’s fee not as much as § 176. The Judge out-of Appeals verified, recognizing that the fit was not that enforce an effective lien, that Frontier Lender in fact didn’t come with lien towards collateralized industrial paper. Alternatively, new Robeys had a lien towards the houses foreclosed of the A lot of time Beach.

¶ thirteen The latest Boundary case cites which Court’s decision generally speaking Electronic Credit Corp. v. 2d 137, because authority because of its holding. As a whole Digital, brand new junior lienholder prosecuted the principal debtors. The latest senior lienholder next made an effort to collect a keen attorney’s commission out of the latest junior lienholder. The fresh demo courtroom refuted the cost, hence Judge confirmed, watching your lienholders hadn’t affirmatively asserted their claims facing both, but alternatively just against the borrower. Standard Electric, 1970 Okay 162, ¶ 8, 475 P.2d on 138. The newest Robeys has asserted their allege against A lot of time Beach, hence distinguishes this case regarding General Electronic.