In a foreclosure case decided recently by the North Carolina Supreme Court (In the Matter of the Foreclosure of the Deed of Trust of Vogler Realty, Inc., No. 11A11), the Court considered whether the Clerk of Superior Court has the authority to determine the reasonableness of attorney’s fees that a Trustee-Attorney in a foreclosure proceeding pays to himself in addition to his Trustee’s commission. The Court held that the Clerk of Superior Court lacked the authority and affirmed the decision of the Court of Appeals.
Clerk Cannot Determine Fees in Foreclosure
Written by Bill Cannon, , Property Attorneys