A recent ruling by the U.S. Court of Appeals for the Fifth Circuit will make it easier for banks to recover attorney fees by contract in litigation with delinquent borrowers. This is after the court decided that a federal rule does not always require lenders to prove those fees as an element of damages.

The background to the Fifth Circuit’s Jan. 24 decision in Pamela Richardson v. Wells Fargo Bank is as follows, according to the opinion.

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