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BORST v. BRIGHT MORTG. CO.

No. 69795.

824 P.2d 1102 (1991)

Donna G. BORST (formerly Hoelscher), Appellee, v. BRIGHT MORTGAGE COMPANY and the Resolution Trust Corporation, as Receiver for Bright Banc Savings Association, Appellants.

Supreme Court of Oklahoma.

Rehearing Denied February 11, 1992.

Attorney(s) appearing for the Case

Jack C. Dawson, Clell I. Cunningham III, James A. Scimeca, Miller, Dollarhide, Dawson & Shaw, Oklahoma City, for appellee.

Jay B. Williams, James M. McCoy, Jones, Blaney & Williams, Oklahoma City, for appellants.

LAVENDER, Justice.

The question presented is whether 12 O.S. 1981 § 936 provides a statutory basis for awarding attorney fees to the prevailing party in an action for cancellation of a note brought pursuant to 15 O.S. 1981 § 239. We hold 12 O.S. 1981 § 936 does not anticipate such an action and, therefore, does not provide a statutory right to attorney fees.

FACTS

In May, 1982, Appellee obtained a loan from Trinity Savings & Loan...

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