Tunison v. Bank of America, N.A.

WALLACE, Judge.

George Tunison III, appeals the circuit court’s order denying his motion for attorney’s fees that he filed after Bank of America, N.A. (BOA), dismissed its foreclosure action against him. Because the circuit court erred in concluding that Mr. Tunison’s motion for attorney’s fees was untimely filed and legally insufficient, we reverse.

I. THE FACTUAL AND PROCEDURAL BACKGROUND

In January 2012, BOA filed an action to foreclose a mortgage on real property owned by Mr. Tunison. The mortgage contains a provision allowing attorney’s fees to the mortgagee if it is required to take action…