Savarese v. Schoner

I concur completely with affirming the refusal of the court below in refusing to order a foreclosure because the default was technical and the result would be unjust.

*697I dissent from the majority in its reversal of the denial of attorney’s fees below. I believe where the court below finds that to allow foreclosure as a remedy for a technical default would be “unconscionable,” it follows that to allow attorney’s fees for bringing that “unconscionable” foreclosure action is likewise unconscionable.

While I agree that attorney’s fees are sometimes found appropriate even when foreclosure is denied,…