=?Windows-1252?Q?Lender's_attorney=92s_fees_for_motion_for_relief_from_st?=
Posted: Sun Aug 02, 2015 3:21 pm
Reply-To: Jason Wallach
X-Original-Return-Path: Jason Wallach
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Group, my old head is telling me that a home mortgage lender does not have any right to recover attorneys fees for its motion for relief from stay, either because typical attorneys fee clause or limitations in California statutes, dont fit the recovery of attorneys fees for a motion for relief from stay.
After filing MRFS, lender quoted a cure amount (equal to defaulted payments only), then timely received the precise amount, but wants to proceed with hearing the MRFS, unless Debtor (Chapter 13, Judge VK) agrees to pay the lenders attorneys fees over the remainder of the plan.
Any authority on this recurrent situation (or am I just mis-remembering**)?
I didnt find anything on searching the prior posts.
Jason
**Also dont know if mis- is one of Dennis
JASON WALLACH
PS: Effective May 1, 2015, I have joined Gipson Hoffman & Pancione. Please note my new contact information. Thank you.
jwallach@ghplaw.com
Gipson Hoffman & Pancione, APC
[ghp_logo]
The post was migrated from Yahoo.
X-Original-Return-Path: Jason Wallach
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Group, my old head is telling me that a home mortgage lender does not have any right to recover attorneys fees for its motion for relief from stay, either because typical attorneys fee clause or limitations in California statutes, dont fit the recovery of attorneys fees for a motion for relief from stay.
After filing MRFS, lender quoted a cure amount (equal to defaulted payments only), then timely received the precise amount, but wants to proceed with hearing the MRFS, unless Debtor (Chapter 13, Judge VK) agrees to pay the lenders attorneys fees over the remainder of the plan.
Any authority on this recurrent situation (or am I just mis-remembering**)?
I didnt find anything on searching the prior posts.
Jason
**Also dont know if mis- is one of Dennis
JASON WALLACH
PS: Effective May 1, 2015, I have joined Gipson Hoffman & Pancione. Please note my new contact information. Thank you.
jwallach@ghplaw.com
Gipson Hoffman & Pancione, APC
[ghp_logo]
The post was migrated from Yahoo.