Section 1417. Costs and expenses allowed  


Latest version.
  • The mortgagee shall be entitled
      to recover out of the proceeds  of  sale,  or  upon  application  for  a
      deficiency judgment, the costs and expenses of: (a) advertisement of the
      notice  of sale, as determined by paid receipts therefor; (b) service of
      the notice of intention  to  foreclose  and  the  notice  of  sale;  (c)
      preparation  and  filing  of the affidavits required under this article,
      the power of sale deed, and report of sale; (d) the conduct of the sale,
      including the fee of the officer conducting the sale, which,  except  as
      shall  be  directed by the court, shall not exceed one thousand dollars;
      (e) recording of the deed if the mortgagee is the purchaser at the sale;
      (f) filing or recording the mortgage if not theretofore paid for by  the
      mortgagor; and (g) the reasonable attorneys' fees incurred in connection
      with  the  non-judicial  proceeding  under this article which, except as
      shall be directed by the court, shall not exceed the sum of  twenty-five
      hundred dollars. Fees designated in this section in dollar amounts shall
      be  indexed  in  accordance  with  changes in the federal consumer price
      index - all consumers, over base year nineteen hundred ninety-eight.
        * NB Repealed July 1, 2009