Deed Of Trust: $68,000 Combined Fee Award To Lender Beneficiaries Under Deed Of Trust Affirmed On Appeal

 

Fees Were Ordered Payable As Part of Underlying Debt.

 

    In Kent v. Celink, Case No. G052039 (4th Dist., Div. 3 Mar. 30, 2017) (unpublished), a reverse mortgage dispute, co-trustees sued the lender and affiliates, with the property eventually sold and the loan paid off. Two prevailing lender affiliates were granted attorney's fees to be collected from the payoff to the combined tune of $68,000. Because the trust deed beneficiary was entitled to collect litigation fees as part of the debt, the 4/3 DCA, in an opinion authored by Presiding Justice O'Leary, affirmed this aspect of the judgment below.