RJ & RK, Inc. v. Spence

This is an appeal from a final judgment in a mortgage foreclosure suit in which the lower court awarded $95,000 in attorney’s fees to the mortgagee, Kimberly Keeton Spence, personal representative of the estate of Ronald G. Keeton, against RJ & RK, Inc., the mortgagor, pursuant to a contractual provision in the promissory note authorizing fees to the lender in any proceeding to enforce the obligation. We reverse the fee award, because the conduct of the mortgagee that resulted in the denial of her right to accelerate the note and mortgage also warranted the denial of fees.

Ronald Keeton was…