Ozark Production Credit Ass'n v. Walden

PREWITT, Chief Judge.

At issue here is whether, following a foreclosure sale, the trustee of a deed of trust properly included as a part of the balance due on a note, $15,702.06 for the beneficiary’s attorney’s fees, and whether the trustee should receive a fee for the sale.

Garnishee Sac River Valley Bank held a promissory note, the payment of which was secured by a deed of trust on a farm owned by defendants. Garnishee Johnson was the trustee on the bank’s deed of trust. Plaintiff held a note secured by a second deed of trust on the farm. At the bank’s request Johnson foreclosed its deed of…