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