Marie Ann Glass v. Nationstar Mortgage, LLC

Summary

The court held that a borrower is entitled to appellate attorney fees under the reciprocal-fee statute when the lender voluntarily dismisses its appeal, because the dismissal makes the borrower the prevailing party for purposes of that appeal. The court further concluded that the existence of an enforceable fee-bearing mortgage was not defeated merely because the lender failed to establish its right to enforce the mortgage in the foreclosure pleading. It quashed the district court's decision and approved the conflicting precedent concerning voluntary appellate dismissals.