James Talcott, Inc. v. Valley Federal Savings & Loan Ass'n

OPINION

BISSETT, Justice.

The controlling question to be decided in this appeal is whether monies owned by a judgment-debtor in a tax and insurance escrow account and held by a mortgagee in accordance with the requirements of a deed of trust duly executed by the judgment-debtor in favor of the mortgagee are subject to garnishment by a judgment-creditor. Another determination to be made by us is whether the mortgagee (garnishee) is entitled to recover attorney’s fees from the judgment-creditor (garnishor).

James Talcott, Inc., d/b/a James Talcott Factors, hereinafter called “Talcott,” as…