COASTAL COMMUNITY BANK v. Jones

Appellant Coastal Community Bank, the foreclosing mortgagee below, seeks review of a trial court ruling declining to enforce a contractual provision entitling appellant to attorney’s fees totaling ten percent of the principal sum due on a promissory note secured by the mortgage. For the reasons set out below, we affirm.

In the final judgment of foreclosure, entered after a default, the trial court rejected appellant’s claim for a ten percent attorney’s fee, “as unconscionable.” The final judgment observed that “plaintiff has offered no substantial competent evidence to prove its entitlement to…