350 P.3d 138
Okla.2015Background
- Divorce decree (2005) awarded plaintiff a lien on the residence securing a $25,000 alimony obligation and granted him title if Christa defaulted; reversionary title clause existed but later deemed void on appeal.
- Christa Benefiel sold the subject property to Jewel Boulton before the final installment was paid; divorce decree was included in the abstract of title but not filed with the clerk.
- Christa defaulted on the final property division installment (January 31, 2008); Benefiel filed suit seeking to quiet title and foreclose the lien.
- COCA reversed the prior summary judgment, held the lien valid, and remanded; on remand Boulton offered to redeem by paying $5,000, but initially failed to tender interest.
- Litigation progressed with multiple tender attempts; the Court ultimately held redemption occurred when Boulton paid $5,000 plus accumulated interest, and Benefiel was the prevailing party on the lien foreclosure while Boulton prevailed on the quiet title issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-suit redemption of the lien was complete when tendered, including interest | Benefiel argues redemption required payment of principal, interest, and costs | Boulton contends tender of principal and interest suffices under §20 | Redemption complete on tender of principal plus interest; no required attorney fees/costs in redemption |
| Whether Benefiel or Boulton is the prevailing party for attorney fees after redemption | Benefiel prevailed on the foreclosure claim | Boulton prevailed on the quiet title claim | Benefiel prevailing on foreclosure; Boulton prevailing on quiet title; fees must reflect distinct claims on remand |
Key Cases Cited
- Smith v. Robinson, 594 P.2d 364 (Okla. 1979) (tender of principal plus interest constitutes valid redemption; pre-suit tender shielded costs only in limited sense)
- Sooner Fed. Sav. & Loan Ass'n v. Oklahoma Cent. Credit Union, 790 P.2d 526 (Okla. 1989) (redemption timing and lien discharge principles governing statutory redemption)
- Tomahawk Resources, Inc. v. Craven, 130 P.3d 222 (Okla. 2005) (recognizes multiple prevailing parties on distinct claims for attorney fees)
- Carmichael v. Beller, 914 P.2d 1051 (Okla. 1996) (summary judgment de novo review; relevant to fee considerations)
- GRP of Texas, Inc. v. Eateries, Inc., 27 P.3d 95 (Okla. 2001) (discussion of liens and redemption context in earlier COCA decision)