Johns v. Moore

In Johns v. Moore (1959) 168 Cal. App. 2d 709, the court observed that, while "a mortgagee in possession is not entitled to any compensation for personal services for the care and management of the property," this rule does not apply "where compensation is provided for by agreement . . . ." (Id. at p. 714.) The language of the deed of trust allowed for payment of " 'expenses of operation and collection.' " (Ibid.) This language, the court held, was sufficient to authorize the beneficiary to charge $ 250 for attorney fees that he incurred. (Ibid.)