Legal Question in Real Estate Law in California
How would I find out if the bank holding my 2nd mortgage overcharged for attorney fees on my foreclosure? My 1st mortgage holder did so and reimbursed me for the amount without my looking into it.
Asked on 12/27/11, 8:02 am
1 Answer from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
That's a bit confusing. Normally the first forecloses and the second is considered a frozen out junior lienholder, who can then sue you personally on the note. If the second foreclosed, then they were subject to the first, but I fail to see how you are liable for attorney's fees if the second foreclosed. You would only be liable for attorney's fees if the second sued you on the promissory note, and the promissory note contained an attorney's fees provision.
Answered on 12/28/11, 1:46 pm
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