Wednesday, August 09, 2017

attorney fees - foreclosure - "hire or pay someone else" - in-house counsel not covered

Enterprise Bank v. Frazier Famioy L.P. – Superior Court – August 8, 2017

The following contract language did not authorize payment of attorney fees to the mortgage lender’s in-house counsel.

Attorneys’ Fees; Expenses. Borrower agrees to pay upon demand all of Lender’s costs and expenses, including Lender’s reasonable attorneys’ fees and Lender’s legal expenses, incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else to J-A05041-17 - 2 - help enforce this Agreement, and Borrower shall pay the costs and expenses of such enforcement.