O'Neal v. Hart

Citations

• 116 Cal. 69
• 47 P. 926
• 1897 Cal. LEXIS 509

Syllabus

<p>Mortgage—Provision for Counsel Fees—Judgment.—A provision in a mortgage to the effect that in a suit for its foreclosure, the decree may be had for the sale of the mortgaged premises, and out of the proceeds there might he retained .... the costs and charges of making such sale, and of suit for foreclosure, “including counsel fees,” authorizes the court to include such counsel fees in its decree as a part of the obligation secured by the mortgage.</p> <p>Id.—Grant of Mortgaged Premises—Agreement to Assume Mortgage —Deficiency.—A grantee of the mortgaged premises, who has assumed the payment of the mortgaged indebtedness, may have a deficiency judgment docketed against him. But if the mortgagee declines to request such judgment, the court is not required to include it in the decree. The mortgagor, however, is not entitled to a judgment for such deficiency against the grantee until after he has paid the same.</p>