Sec. 52-249. Costs and attorney's fees in actions for foreclosure and substitution of bond.
Sec. 52-249. Costs and attorney's fees in actions for foreclosure and substitution of bond. (a) The plaintiff in any action of foreclosure of a mortgage or lien, upon
obtaining judgment of foreclosure, when there has been a hearing as to the form of
judgment or the limitation of time for redemption, shall be allowed the same costs,
including a reasonable attorney's fee, as if there had been a hearing on an issue of fact.
The same costs and fees shall be recoverable as part of the judgment in any action upon
a bond which has been substituted for a mechanic's lien.
(b) In any foreclosure judgment when a lis pendens had been recorded after a title
search of real property, the court shall determine a reasonable fee to be paid for the
search and tax it as part of the costs.
(1949 Rev., S. 7994; 1969, P.A. 440; P.A. 82-160, S. 123; P.A. 84-282, S. 1; P.A. 99-153, S. 8.)
History: 1969 act added Subsec. (b) re fees for title searches in foreclosure judgments; P.A. 82-160 replaced real "estate"
with real "property"; P.A. 84-282 amended Subsec. (a) to include reasonable attorney's fees as allowable costs; P.A. 99-153 amended Subsec. (a) to allow recovery of costs and attorney's fees in cases where a bond has been substituted for a
mechanic's lien.
In foreclosure, costs thrown on defendant only if he seeks to redeem. 81 C. 442. Cited. 216 C. 85.
Cited. 22 CA 468. According to statute, plaintiff must argue for attorney's fees during foreclosure action. Thus, whether
plaintiff is entitled to attorney's fees under statute is a question of law for court to decide in the foreclosure action. Because
it is a question of law, attorney trial referee cannot decide the issue. 70 CA 404.
Plaintiff not entitled to counsel fees for protracted trial on plaintiff's claims for contract prices of two jobs and on
defendant's counterclaims of offsets against contract price; there never was a hearing on form of the judgment or the time
of redemption as required under statute. 49 CS 405.
Subsec. (a):
Cited. 19 CA 8. In action to foreclose mechanic's lien, plaintiff is not entitled to duplicate attorney's fees under this
section and Sec. 42-150aa but rather may collect under Sec. 42-150aa for contract aspects of action and under this section
for equitable relief. 86 CA 767.