DeTone v. National City Mortgage Co. (In Re DeTone)

Motion For Determination Of Secured Status

BERNARD MARKOVITZ, Bankruptcy Judge.

MEMORANDUM OPINION

Debtors seek a determination that National City Mortgage Company (“NCM”) may not charge them the full amount of attorney’s fees it allegedly incurred in bringing a motion for relief from stay as a requirement of curing a default of their residential mortgage. Act 6 of 1974, debtors assert, limits NCM to charging them only $50.00 for attorney’s fees it incurred in bringing the motion.

NCM insists that Act 6 does not so limit its right to charge the full amount of the attorney’s fees it incurred as a…