California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 10 — Actions in Particular Cases, Chapter 1 — Actions for the Foreclosure of Mortgages, Section 730

In all cases of foreclosure of mortgage the attorney’s fee shall be fixed by the court in which the proceedings are had, any stipulation in the mortgage to the contrary notwithstanding.

Notes

Requires the court handling a mortgage foreclosure proceeding to fix the attorney's fee in every foreclosure case. Any provision in the mortgage attempting to stipulate a contrary attorney-fee amount or arrangement does not control, because the court's authority to set the fee applies notwithstanding such a mortgage stipulation.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 730 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-10/chapter-1/section-730

Disclaimer: Codes available on Lexinter may not reflect the most current laws in your jurisdiction. We make no warranties regarding the accuracy, completeness, or adequacy of the information provided. Always verify the status of any code with your state legislature or official government sources before relying on it for legal purposes.