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Home / Opinion Digests / Commercial – Attorneys' Fees – No Waiver – Forebearance Meant Delay (access required)

Commercial – Attorneys' Fees – No Waiver – Forebearance Meant Delay (access required)

Where plaintiff's attorney demanded written payment of defendant, noting that defendant was in default, indicated plaintiff's willingness to "forebear" the debt under certain circumstances, and demanding attorney's fees of 15 percent as allowed under the deed of trust note, plaintiff is entitled to recovery for attorney's fees of 15 percent because his attorney's letter showed ...

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