Q: My fathers home foreclosed. I’m the executor for the estate as he passed away. Can you tell me what OCGA § 13-1-11 is?
Unpaid Principal and interest = $345,275.62
15% of the first $500 = $75.00
10% of the rest = $34,477.56
Total Stat fees = $34,552.56
A: OCGA 13-1-11 allows for the collection of attorney fees based on the amount of the underlying indebtedness. The calculation you have performed is correct. However, in cases where the amount of attorney fees is greater than $20,000.00, the debtor can challenge the reasonableness of the fees. It is rare that fees over $20,000.00 are reasonable due to the relative simplicity of most foreclosure proceedings. In a somewhat unrelated note, after the property was foreclosed upon, there may have been excess funds from the foreclosure sale that the heirs of your father are entitled to. Feel free to reach out for a free consultation about how to recover them.
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