Security Trust Co. v. Solomon

In this suit, brought to foreclose a mortgage executed to plaintiff as trustee to secure a bond issue, and in which it was appointed a receiver of the property, the trial court allowed it for “expenses for attorneys’ fees” the sum of $1,500. The defendant Lena Solomon, a second mortgagee, appeals from such allowance.

This court has repeatedly held that a specified sum stipulated in a mortgage to be chargeable as attorneys’ fees on foreclosure is not enforceable. Curtis v. Mueller, 184 Mich. 148, and cases cited.

This mortgage provided:

“Upon sale being made by any of the methods in this…