GHY Developers, Inc. v. Pumpelly

BRIGHTMIRE, Presiding Judge.

The issue presented is whether the trial judge erred in requiring the mortgagors to pay all of mortgagee’s attorney fee expense incurred in foreclosing a mortgage which provided for mortgagors to pay a fee of only $25.

We conclude that he did, vacate the order and remand for further proceedings.

I

Following the rendition of substantial pretrial and trial services by the attorney employed by the plaintiff mortgagee, GHY Developers, the trial court handed down a decree foreclosing plaintiff’s mortgage. A short time later plaintiff asked the court to grant it a…