Archive for January 27th, 2011

Attorneys’ Fees for Homeowners

Attached is an Order Granting Attorneys’ Fees in favor of a client I represented in a foreclosure case.  The fact pattern here was not terribly uncommon – bank files foreclosure lawsuit, we defend it, bank files voluntary dismissal. 

I’ve blogged previously about a homeowner’s entitlement to fees, so I won’t belabor the point.  Instead, let this be a reminder that when a homeowner gets a lawsuit dismissed without leave to amend (either by court order or voluntary dismissal), the homeowner is deemed the “prevailing party” in that lawsuit and is, generally speaking, entitled to attorneys’ fees from the bank.

Mark Stopa

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