In all cases of foreclosure of mortgage the attorney's fee shall be fixed by the court in which the proceedings are had, any stipulation in the mortgage to the contrary notwithstanding.
§ 730.Attorney's Fees
Title 10. Actions In Particular Cases · Chapter 1. Actions for the Foreclosure of Mortgages · Enacted 1953 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 730 requires the court to fix the attorney's fees awarded in a mortgage foreclosure, regardless of any contrary fee amount stipulated in the mortgage itself.
Full Text of § 730
Plain-English Summary
Mortgages routinely specify a fee for the lender's attorney if foreclosure becomes necessary, but § 730 keeps courts from rubber-stamping that number. Whatever the mortgage says, the court in which the foreclosure proceeds must independently fix the attorney's fee awarded.
This ties directly into § 726(a), which already caps any fee award at the amount named in the mortgage. Section 730 adds the further requirement that, within that cap, the actual number comes from the court's own determination of what's reasonable, not from the parties' contract.
Frequently Asked Questions
Can a mortgage set the exact attorney's fee amount the court must award in foreclosure?
No. Section 730 requires the court to fix the attorney's fee itself, regardless of any stipulation to the contrary in the mortgage.
Is there still a limit tied to the mortgage's stated fee provision?
Yes. Section 726(a) caps any fee award at the amount named in the mortgage; § 730 requires the court to independently determine the reasonable fee within that cap.
Amendment History
Added by Stats. 1953, Ch. 52.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: attorney fees mortgage foreclosure californiacourt fixed attorney fee foreclosure