Marcha v. Austin

BOYDSTON, Judge.

Appellants appeal from assessment of attorney’s fees in favor of co-defendant in mortgage foreclosure action. Based upon our review of the record, we find the assessment to be contrary to law and reverse.

The facts are undisputed. Appellants Jimmy and Georgennia Austin bought a tract of land from Roy and Linda Weeks, plaintiffs below. Appellees John and Betty Marcha held a first mortgage lien against the property. This mortgage was assigned to Appellee, The First State Bank of Altus, Oklahoma. (Bank). The subject of this foreclosure action is a second mortgage given to the…