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1.3.3.7 Lender’s Foreclosure Attorney

The lender’s foreclosure attorney is also an agent with delegated authority from the mortgage holder, although usually the attorney is hired by the servicer. The attorney appears in the process when the servicer instructs the attorney to accelerate the debt and proceed to foreclosure. The homeowner usually pays the fee for this attorney because the mortgage or loan note specifies that this cost can be passed onto the borrower. However, in most jurisdictions the homeowner cannot be required to pay more than “reasonable” fees.53

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