Fellenz v. Gonring

The sole issue in this case is whether a vendor under a land contract, upon a judgment for strict foreclosure, may recover reasonable attorney fees and costs from the defaulting vendee. Because the land contract expressly placed responsibility for fees upon the vendee and such a provision is not contrary to law or equity, we conclude a vendor may, in addition to recovery of the mortgaged property through strict foreclosure, enforce liability for reasonable attorney fees and costs personally against the vendee.

On December 23, 1980, the plaintiffs, James and Jane Fellenz, conveyed by land…