Tran v. Richfield Bank & Trust Co.

OPINION

RANDALL, Judge.

This is an appeal from a summary judgment awarding respondent treble damages for including delinquent real estate taxes as costs and disbursements in a foreclosure affidavit. We reverse.

FACTS

In 1984, respondent executed two mortgages in favor of appellant Richfield Bank & Trust (the Bank), with commercial property as security. The first mortgage was in the amount of $300,000 and the second mortgage was in the amount of $60,000. In October of 1986, respondent defaulted *152on both mortgages, with $296,158.68 due on the first mortgage and $58,979.54 due on the second mortgage.…