It should be apparent that when a mortgage default is encountered, particularly when that leads to a mortgage foreclosure action, the borrower is rarely cheerful about satisfying the debt. This is particularly so where additional charges beyond principal and interest accrue—especially legal fees, although default interest, late charges and sundry protective advances can be prickly points of contention.

This can lead from time to time to the discordant, even hostile situation of a borrower paying off a mortgage, receiving a satisfaction, but later demanding return of, for example, legal fees paid. This particular scenario may be unique to the mortgage foreclosure construct; certainly it is more common in this arena.

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