While lenders would like to believe that the subject of awarding legal fees in a mortgage foreclosure (or condominium lien foreclosure) action is reasonably consistent and predictable, that turns out not to be quite so. To their chagrin, lenders find that legal fees requests are often reduced by courts, sometimes substantially, but without explanation.

Obviously, if a lender has legitimately expended legal fees of a certain amount, but only some portion is declared recoverable, it represents a loss. We are reminded of this issue by a recent case which very neatly tied up the elements and would—it could perhaps be hoped—serve as a future guide. [McCormick 110, LLC v. Gordon, 200 A.D.3d 672 (2d Dept. 2021)].