Full opinion text
MEMORANDUM AND ORDER BOWLER, United States Magistrate Judge. Plaintiff William M. McDermott (“plaintiff’), a resident of the Pondview condominiums in Lynn, Massachusetts, filed this action alleging improper debt collection activities against defendant Marcus, Errico, Emmer & Brooks, P.C. (“MEEB” or “defendant”), a professional corporation of attorneys located in Braintree, Massachusetts. The two count verified complaint sets out violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 (“section 1692”), (Count One) and Massachusetts General Laws chapter 93A (Count Two). The dispute involves MEEB’s efforts, purportedly as early as the fall of 2004, to collect condominium, loan payback and late fees as well as attorney’s fees from plaintiff on behalf of MEEB’s client, the Pond-view Condominium Trust (“Pondview”). Created under a September 1986 Declaration of Trust (Ex. B), Pondview is the governing body of the Pondview condominiums and consists of a group of trustees. The Declaration of Trust (Ex. B) along with the Master Deed (Ex. C) are recorded in the Essex South Registry of Deeds. At the conclusion of plaintiffs case, defendant also rested and at the same time made a motion for judgment on partial findings under Rule 52(c), Fed.R.Civ.P. (“Rule 52(e)”). (Docket Entry # 46). This court took the motion under advisement thereby reserving a ruling as allowed under the terms of the rule. See International Union of Operating Engineers, Local Union IOS v. Indiana Construction Corp., 13 F.3d 253, 257 (7th Cir.1994). The request for a judgment on partial findings is denied because judgment on the entire record is appropriate. See, e.g., W.L. Gore & Associates, Inc. v. Medtronic, Inc., 874 F.Supp.2d 526, 540 (E.D.Va.2012) (denying Rule 52(c) motion after initially reserving ruling because court “now concludes that the best course of action is to render a judgment based on all the evidence, testimony, and applicable law”); Warner Chilcott Laboratories Ireland Ltd. v. Impax Laboratories, Inc., 2012 WL 1551709, *7 (D.N.J. April 30, 2012) (adhering to same course of action). This opinion thus constitutes the court’s findings of fact and conclusions of law under Rule 52(a), Fed.R.Civ.P. See, e.g., W.L. Gore & Associates, Inc. v. Medtronic, Inc., 874 F.Supp.2d at 529-30, 540-41 (denying Rule 52(c) motion and issuing Rule 52(a) findings and conclusions). The parties filed post trial briefs. (Docket Entry ## 60 & 61). The merits based on the entire record are therefore ripe for review. FACTUAL BACKGROUND The September 1986 Declaration of Trust gives the trustees the authority to determine the assessment for each fiscal year and the unit owners’ “respective shares of such assessment, according to their percentages of interest in the common areas and facilities.” (Ex. B, Art. V, § 5.3(B)). The Declaration of Trust allows for monthly payment of the assessment and, “[i]f not paid when due, the amount ... shall constitute a lien on the unit.” (Ex. B, Art. V, § 5.3(B)) (emphasis added). Under both chapter 183A and the Declaration of Trust, Pondview has the ability and the authority to assess attorney’s fees, late charges and costs of collection against the unit owner. See Mass. Gen. L. ch. 183A, § 6(a)(ii) & 6(b); (Ex. B, Art. V, § 5.3(C)). The Master Deed likewise provides thát: The Trustees in their discretion may enforce collection of unpaid assessments for common expenses plus interest thereof by enforcing the lien by a court action or by other lawful means on account of which there shall be added to the amount due and payable the reasonable costs of such collection including reasonable attorney fees. (Ex. B, Art. V, § 5.3(C)). In 1986, plaintiffs parents purchased unit 104, a two bedroom unit, at the Pond-view condominiums. In 1995, they bought unit 105, a one bedroom unit across the hall with the understanding that they would pay the mortgage and that plaintiff would , live in the unit and pay the costs associated with it. The assessed values of unit 104 between 2004 and 2011 determined by the City .of Lynn range from a low of $138,700.00 in 2011 to a high of $214,900.00 in 2006. (Ex. 86). The assessed values of unit 105 between 2004 and 2011 range from a low of $115,500.00 in 2011, to a high of $167,900.00 in 2006. (Ex. 86). Plaintiff, who was 52 years old at the time of trial and had attended Northeastern University for two years, moved into unit 105 in 1995 and resided there until 2001. The social environment at the complex was “[v]ery friendly” in 1995. (Tr. TV, p. 91). During this time period, plaintiff did not fall behind in the condominium charges for the unit. Sandra Halbich (“Halbich”), a tenant at the complex living in another unit, moved into unit 105 in 2001 when plaintiff left the complex. In 2002, plaintiff returned to Pondview and moved into unit 104 with his parents. Plaintiff paid the assessments for both units in 2002. (Tr. V, pp. 7-8). In July 2002, his father died of liver cancer and his mother passed away a few months later in December. In November 2002, plaintiff’s mother deeded unit 104 to plaintiff and his brother, Edward Williams (‘Williams”). Plaintiff was close to his parents and became extremely depressed as a result of their deaths. He also experienced the stress of a strained relationship with Williams. Halbich described plaintiff as “very disturbed.” (Tr. VI, p. 55). In fact, from 2002 to 2005, plaintiff “became very inward, didn’t want to do anything” or talk to anyone. (Tr. VI, pp. 61-62). Shortly dfter his parents’ deaths, plaintiff and Halbich switched units. Plaintiff began residing in unit 105 and Halbich, as a tenant, lived in unit 104. Halbich eventually moved back into unit 105 in 2005 and paid rent, (Tr. VI, pp. 25 & 55-56). In March 2003, when plaintiff was living in unit 105,- he took out a mortgage for unit 105. Plaintiff took out the mortgage “when [he] got title to the units.” (Tr. VI, p. 7). The property description in the mortgage describes the unit as conveyed to plaintiff by Richard Sideri (“Sideri”). The description reads that unit 105 is “the same premises conveyed to the Mortgagor(s) by deed of Richard Sideri to be recorded herewith.” (Ex. 27). This court therefore draws the reasonable inference that plaintiff obtained title to unit 105 when he took out the mortgage for the unit in March 2003. Williams deeded plaintiff unit 104 as well as a property in Florida around this time period. The property description in the unit 105 mortgage states that the property “is intended for residential purposes only.” (Ex. 27). Similarly, the occupancy clause of the mortgage requires plaintiff to occupy the property as his principal residence for a one year period. Plaintiffs purpose for becoming the owner of both units at the time was “[t]o have a place to live.” (Tr. V, pip. 9-10). The mortgage included a condominium rider. The rider allowed the lender to pay condominium dues and assessments in the event the borrower, plaintiff, did not pay them. Any such “amounts disbursed by Lender ... shall become additional debt of Borrower secured by the Security Instrument.” (Ex. 27). In 2003, plaintiff, who was employed at the time, paid the condominium assessments for units 104 and 105 without falling behind. Although continuing to receive rent from Halbich, plaintiff was not employed in 2004 and in July and August of 2004 he fell behind in the payment of condominium fees, late fees and loan payback charges for both units. (Ex. 1 & 2). The loan payback charge was either part of a special assessment or a line item in the budget. Several years earlier, Pondview instituted a policy imposing a $25.00 late fee for condominium fees received after the 15th of each month. After three consecutive months of nonpayment, Pondview’s stated policy was to undertake legal action against the unit owner in “Small Claims Court.” (Ex. 1-3). Because the complex had only 19 units, plaintiffs monthly payments amounted to almost 10% of the incoming fees for the complex. In September 2004, “the four trustees for the building” knocked on plaintiffs door at unit 104. (Tr. V, p. 10). A discussion took place between the trustees and plaintiff regarding “[p]ayment on both units” and the trustees “presented [plaintiff] with a statement for both units.” (Tr. V, pp. 11-12). As a result of this discussion, the group came to an agreement that plaintiff would pay two months of condominium, loan payback and condominium late fees for unit 105 by September 22, 2004-. There was no agreement that such payments would make plaintiff current. Rather, consistent with a September 16, 2004 letter, the agreement was that Pond-view would file suit-, unless plaintiff made the above payment by September 22, 2004. The letter from Dawn-márie Bailey (“Bailey”), Pondview’s bookeeper, to plaintiff lists the delinquent condominium, loan payback and condominium late fees for unit 105. It does not include late fees for the loan payback charges. The letter then sets out the agreement for plaintiff to pay $393.24, a figure that breaks down to exactly two months of condominium fees, loan payback charges and condominium late fees for unit 105. Plaintiff testified that the letter embodied his understanding of the agreement. Upon receiving the September 16, 2004 letter and on or before September 22, 2004, plaintiff paid the condominium fees, the loan payback charges and the condominium late fees set out in the letter for unit 105. He also paid these charges for unit 104. Plaintiff erroneously believed he had brought “both units up to date” (Tr. V, p. 14) even though he had not paid the late fees for the loan payback charges. The September 16, 2004 letter did not identify overdue late fees for nonpayment of the loan payback charges. Ledgers show a continued nonpayment of the late fees for loan payback charges. Pondview, for its part, did not file suit until. March 2005 and it did not file suit to recover charges contained in the September 2004 letter. Finally, there was no agreement between Pondview and plaintiff that would encompass future delinquent fees or would bar Pondview from filing suit for delinquent charges not included in the September 16, 2004 letter. In the fall, Pondview was considering changing the attorney it had been using since 1995. On November 24, 2004, a member of MEEB sent Vischetti documentation about the firm. Plaintiff remembers seeing the documentation near the end of November 2004. Pondview did not engage, become a client or in any other manner employ MEEB until March 2005. Meanwhile, plaintiff incurred late fees for October and fell further behind in December on payments for unit 105. A December 16, 2004 letter from Bailey shows delinquent charges totaling $346.62 for unit 105. Unlike the charges in the July and September letters, the charges in the December 2004 letter included late fees on the loan payback charges for July through October for unit 105. Pondview had the ability to impose such late fees. See Mass. Gen. L. ch. 183A, § 6. MEEB was not involved in the decision to impose a $25.00 charge for delinquent loan payback charges or to change any policy to impose late fees. Plaintiff did not agree with the fees and refused to pay them. The remaining charges noted in the December 2004 letter for unit 105 consisted of October late fees on the October condominium fee and the October loan payback, charge, the December condominium fee ($155.04), the December loan payback charge ($16.58) and two $25.00 December, late fees for these items. Plaintiff did no,t pay these unit 105 fees ($346.62) which Pondview then carried over to the next year. . . Pondview also carried over into 2005 the unpaid charges for unit 104 ($380.33). These charges included four $25.00 late fees for late payments of the loan payback charges for July through October, the December condominium fee ($188.75), the December loan payback charge ($16.58) and two $25.00 December late fees for these items. The December letter repeats the policy at Pondview to charge a $25.00 late fee charge for any payments received after the 15th of the month and to file suit after three consecutive months of nonpayment. The letter also notes that, “The Association survives and pays its bills only through the collection of its condominium fees.” (Ex. 4). Pondview remained solvent .from 1992 until 2005. During this time period, Pondview filed two unrelated lawsuits to collect condominium assessments. Plaintiffs failure to pay condominium charges for both units continued in 2005. Drawing reasonable 'inferences from the record, until sending an April 21, 2005 letter, plaintiff made it clear to Pondview that he would not pay the late fees for the loan payback charges for both units for the July to September 2004 period, an amount that totaled $150.00. Plaintiff, who remained emotionally, distraught as a result of his parents’ deaths, decided not to .pay the late fees because he disagreed with them. By the end of March 2005, plaintiff had not paid condominium 'fees, loan payback charges and late fees for these two items for January, February and March for both units. Plaintiffs unilateral decision not to pay these late fees led to Pond-view’s decision to file suit. It was not until around March 23, 2005, that Pondview hired MEEB as its attorney. ’ On March 23, 2005, MEEB sent plaintiff, who was still living in unit 104, a letter by certified and first class mail notifying him that he owed Pondview the accurate amount of $1,495.61 on unit 104 “through the date of this letter.” (Ex. 8). Richard E. Brooks, Esq. (“Brooks”), a principal of MEEB, wrote and signed the letter. The letter is addressed to Michael McDermott. Plaintiffs full name is William Michael McDermott. The letter informed plaintiff he was responsible for Pondview’s “collection costs, including its attorney’s fees,” and that “the amount stated” included “those costs which” Pondview has incurred. The letter enclosed a ledger that MEEB received from Pondview for unit 104 listing outstanding charges that totaled $1,225.61. The remaining amount was attorney’s fees Pondview owed MEEB consisting of $195.00 to draft the letter, order a title search and review the examiner’s report and $75.00 for the examiner’s fee. The letter explained that certain “amounts are at least sixty days overdue.” (Ex. 8). MEEB sent plaintiff a second letter dated March 23, 2005, again addressed to Michael McDermott, by certified and first class mail notifying him of the delinquency on the unit 105 ' account. Plaintiff also received this letter within a few days of its date. The letter advised him of Pond-view’s intent to collect rent directly from the tenant occupying unit 105 and that the Massachusetts Condominium Act allowed the direct collection from his tenant. The letter, which included an attached ledger MEEB received from Pondview, set out the amount plaintiff owed on unit 105 ($1,431.61) as of the March 23, 2005 date and, in accordance with chapter 183A, that certain amounts “are at least twenty-five days overdue.” (Ex. 9). By the end of March 2005, MEEB received the result of a title search on unit 105. The search uncovered Williams as another owner and, drawing reasonable inferences from the record, plaintiffs name as William M. McDermott. Accordingly, in order to comply with chapter 183A, MEEB sent plaintiff two more letters by certified and first class mail on March 31, 2005, similar’ to the March 23, 2005 letters, although addressed to William M. McDermott as opposed to Michael McDermott and Edward F. Williams. The March 31, 2005 letter notifying plaintiff of Pondview’s intent to collect rent directly from the unit 105 tenant set out an amount due and owing on unit 105 ($1,689.61) as of March 31, 2005. In accordance with MEEB’s office policy, the March 31, 2005 letter notifying plaintiff that he owed Pondview $1,545.61 on unit 104 as of March 31, 2005, attached a statement or ledger identifying the fees and charges. The letter accurately stated that certain of the “amounts are at least sixty days overdue.” (Ex. 5). Both the March 23 and 31, 2005 letters informed plaintiff that he could telephone MEEB if he had any questions. (Ex. 5, 8 & 9). Likewise, the majority of the other notices of intent to collect rent, and the 60 day letters advised plaintiff to telephone MEEB if he had any questions. (Ex. 25, 40, 44, 49 & 50). The March 23 and 31, 2005 letters also advised plaintiff that he was responsible for “the Condominium’s collection costs.” (Ex. 5, 8, 9 & 29). In addition, each letter accurately and unambiguously stated that, “Because of common expense assessments ... and other charges that may become due, including additional attorney’s fees and costs, the amount due on the day you pay may be greater than this stated amount.” (Ex. 5, 8, 9 & 29). The letters also stated in a straight forward manner that, “the amount stated in this letter includes those costs,” which the previous sentence defined as including attorney’s fees. (Ex. 5, 8, 9 & 29). The March 23 and 31, 2005 letters relative to unit 104 also informed plaintiff that certain amounts were overdue by at least 60 days. The March 23 and 31, 2005 letters relative to both units all contained a notice of important rights required by the FDCPA. The notice reads as follows: You have thirty days after you receive this letter to dispute the validity of the debt, or any part of if. If you don’t dispute it within that period, we will assume that it’s valid. If you do dispute it — by notifying us in writing to this effect — we will obtain and mail you verification of the debt. And if, within the same period, you request the name and address of the original creditor, if the original creditor is other than the Condominium named above, we will furnish that information too. Please note, we are not required to wait until the end of this thirty day period before taking further steps to collect this debt. If, however, you request proof of the debt or the name and address of the original creditor, if other than the Condominium named above, within that thirty day period, we will suspend our efforts to collect the debt until we mail the requested information to you. We additionally note that this firm is acting as a debt collector for the Condominium named on the first page of this letter, to collect the debt discussed in this letter. Any information obtained by us will be used for that purpose. (Ex. 5, 8, 9 & 29) (“validation, notice”) (emphasis in original). By the end of March 2005, plaintiff recognized he owed $1,545.61 on unit 104 and $1,689.61 on unit 105. He also recognized his responsibility for the attorney’s fees that Pondview incurred to collect the fees on his units and that Pondview had incurred attorney’s fees in the drafting of the letters. Unbeknownst to MEEB at the time, on April 16, 2005, Bailey sent plaintiff a letter detailing the delinquent charges for unit 104 as of April 15, 2005. The April 16, 2005 letter stated the total as $1,507.37 for unit 104 as of April 15, 2005, and listed the items that comprised this total. Accrued attorney’s fees were not on the list. Plaintiff recognized the discrepancy between the higher amount in the March 31, 2005 letter for unit 104 ($1,545.61) that included attorney’s fees and the lower amount in the April 16, 2005 letter ($1,507.37), which did not include attorney’s fees but did include additional amounts from April ($281.76). Plaintiff therefore decided to pay the lower amount for unit 104 in the April letter with a $1,507.37 check marked “Full payment on Unit 104.” He also decided to pay the outstanding charges for unit 105 with a second check ($1,310.24) marked “Full payment on Unit 105.” By letter dated April 21, 2005, plaintiff sent the checks marked payment in full to Bailey. The April 21, 2005 letter reiterated that, “These checks represent payment in full” even though “I still disagree with the amounts” and “would like to reserve my right to dispute this in the future.” (Ex. 20). The April 16, 2005 letter also totaled the outstanding amount through March 2005, which did not include attorney’s fees, as $1,225.61. Attorney’s fees and costs for unit 104 in MEEB’s invoice to Pondview totaled $348.00 as of March 31, 2005. The resulting $1,573.61 total ■ differs from the slightly lower $1,545.61 amount in MEEB’s March 31, 2005 notice of delinquency letter to plaintiff for unit 104. MEEB would credit a client the $28.00 difference for the time spent to'-draft a delinquency letter if the client paid the charged amount. On April 28, 2005, a date more than 30 days after MEEB sent the initial March 23, 2005 letters to plaintiff, MEEB filed the first and second of a number of lawsuits in the Massachusetts District Court Department (Lynn Division) (“Lynn District Court”) to collect delinquent fees on units 104 and 105 on behalf of its client, Pondview. As a party to these suits, plaintiff received notice of filings including dismissals. Once Brooks became aware of Bailey’s April 16, 2005 letter, he advised her not to communicate by letter with plaintiff. MEEB did not instruct Bailey or. anyone else at Pondview to refuse to speak with plaintiff. Brought by the Pondview Board of Trustees, the collection suit on unit 104 (“April 2005 unit 104 suit”) against plaintiff stated that plaintiff was “assessed common expenses and charges in the amount of $2,567.37 (hereinafter ‘common expenses’), which have not been paid when due.” (Ex. 15, ¶5). Brooks knew about plaintiffs submission of checks or a check to Pondview before filing the April 2005 unit 104 suit. The next paragraph states, “Interest and late fees have been charged for these overdue payments of common expenses.” (Ex. 15, ¶ 6). The collection suit on unit 105 (“April 2005 unit 105 suit”) identified unpaid “assessed common expenses and charges in the amount of $2,694.94” in paragraph six. (Ex. 16, ¶ 6). The referenced “assessed common expenses and charges” included attorney’s fees as noted and explained in the next paragraph. (Ex. 16, ¶ 7). The cover form accompanying the complaint in the April 2005 unit 105 suit reads, “There are common expenses due as of this date in the amount of $2,694.94 which expenses continue to accrue on a monthly basis together with attorneys’ fees and costs incurred in connection with this matter.” (Ex. 16). Similar to the other lawsuits MEEB filed, paragraph six in the complaint in the April 2005 unit 104 suit states that, “Defendants are liable for attorneys’ fees and costs incurred by the Plaintiffs in pursuing this matter in accordance with” provisions of the condominium documents and section six of chapter 183A. (Ex. 15, ¶ 6). Also similar to the other lawsuits MEEB filed, paragraph eight in the complaint in the April 2005 unit 104 suit states that, “Defendants are, pursuant to [chapter 183A, section 6(b),] and the applicable provisions of the Condominium’s documents, indebted to the Plaintiffs for the amount of unpaid common expenses” and “attorneys’ fees and collections costs.” (Ex. 15, ¶ 8). Paragraph seven in the April 2005 unit 104 complaint, like corresponding paragraphs in the other lawsuits MEEB filed, states that, “Pursuant to M.G.L. c. 183a, s. 6(c) of chapter 183A, the Plaintiffs did give the Defendants notice by certified mail and first class mail of the aforesaid delinquency, such delinquency having existed for at least sixty days.” (Ex. 15, ¶ 7). The complaint in the April 2005 unit 105 suit states, “Pursuant to M.G.L. c. 6(c), the Plaintiffs did give notice to the First Mortgagee, by certified and first class mail of their intent to file this action.” (Ex. 16, ¶ 9). The complaint in the April 2005 unit 104 suit contains. .similar language. (Ex. 15, ¶ 7), MEEB did not send out a notice of intent to file suit letter to the first mortgagee with respect to either the April 2005 unit 105 or the April 2005 unit 104 suits. On May 2, 2005, before cashing the aforementioned checks from plaintiff, Bailey contacted MEEB by telephone and spoke to Brooks. Consistent with MEEB’s practice, Brooks advised Bailey not to send any more letters to plaintiff. Brooks also advised Bailey not to cash the checks. After speaking with Bailey, Brooks sent plaintiff a letter on Pond-view’s behalf informing him that Pondview would be returning the checks because they “do not represent payment in full” because “you did not include any legal fees.” (Ex. 21). Notwithstanding plaintiffs testimony to the contrary, Pondview returned the checks. The May 2, 2005 letter listed $1,507.37 as the amount owing on unit 104, $1,319.94 as the amount owing on unit 105, $1,389.00 as the amount of legal fees on unit 104, $1,772.00 as the amount of legal fees on unit 105 and $150.00 as the amount of dismissal fees. The legal fees were greater than those disclosed in the ledger attached to.the March 31, 2005 letters because they included fees associated with filing the April 2005 unit 105 and 104 suits. The letter explained that these amounts “are due” and set out these specific amounts. The letter also informed plaintiff, who had been served with the April 2005 unit 104 and unit 105 suits, that Pondview had “filed suit on each unit.” (Ex. 21). The amount of legal fees included the amount MEEB charged Pondview for filing the April 2005 unit 104 and unit 105 suits. On May 9, 2005, after receiving the May 2, 2005 letter, plaintiff telephoned MEEB and spoke to Brooks. Contrary to plaintiffs testimony, Brooks did not tell plaintiff “he would run up $30,000 on each unit and within a year he would own them.” (Docket Entry # 52, p. 32). Brooks also never told plaintiff that he would own the units if plaintiff did not pay his attorney’s fees and he never told plaintiff that “MEEB would run up legal fees.” (Docket Entry # 52, p. 36). Although the conversation took place, Brooks did not threaten plaintiff. By letter dated May 16, 2005, MEEB, acting on- behalf of Pondview, notified the tenant of unit 105 to forward the rent checks to Pondview, in care of Brooks, to MEEB’s Braintree address. MEEB addressed the letter to plaintiff or the current occupant. On May 17, 2005, MEEB sent plaintiff a one sentence letter enclosing two “current ledgers,” one for unit 104 and the other for unit 105, of the amounts owed “[a]s of May 10, 2005.” (Ex. 22); Pondview sent the ledgers to MEEB with the amounts except for certain amounts typed on the bottom of each ledger. MEEB added these typed amounts. The typed portion for unit 105 identifies the fees and costs added by MEEB as legal fees for March ($536.00), April ($1,013.00) and through May 17, 2005 ($488.00), as well as estimated “outstanding sheriff bills” ($100.00) and a “dismissal fee” ($150.00).- The typed portion for unit 104 identifies the fees and costs added by MEEB as legal fees for March ($348.00), April ($798.00) and through May 17, 2005 ($317.00), as well as estimated “outstanding sheriff bills” ($100.00) and a “dismissal fee” ($150.00). The dismissal fees were not entirely accurate. The $150.00 charge was a standard rate. If a dismissal was “very simple,” Brooks would charge $75.00 and credit the client in the event of a prior payment of the $150.00 charge. Likewise, if plaintiff paid the $150.Q0 set out in the ledger attached to the May 17, 2005 letter, he “would have ended up with a credit of $75.” (Tr. II, p. 40). Before receiving any payment, on May 27, 2005, Brooks decided not- to charge the $150.00 normal fee and instead to charge the $75.00 fee for a dismissal of the April 2005 unit 105 suit. The May 27, 2005 dismissal charge for unit 105 on MEEB’s invoice to Pondview was $75.00 as opposed to the $150.00 in the ledger attached to the May 17, 2005 letter. The Pondview portion of each ledger consisted of legible amounts owed on the particular unit for the July through October 2004 late fees on the loan payback charges, the October and December 2004 condominium late fees, the December 2004 condominium fee and the December 2004 late fee on the loan payback charge. The other remaining Pondview portion of each ledger set out the outstanding amounts for the condominium fees, the condominium late fees, the loan payback charges and the loan payback late fees for the four months of January through April 2005. The letter did not include May 2005 late fees because the foregoing charges “[a]s of May 10, 2005” were not overdue until May 15, 2005. Notably, the Pondview portion of each ledger included the May condominium fee, the May loan payback charge and additional legal fees. The additional legal fees for unit 105 ($536.00) and-unit 104 ($348.00) are included in the ledger’s total for unit 105 ($2,049.27) and the ledger’s total for unit 104 ($2,087.13). These totals appear before the aforementioned legal fees and costs typed and added by MEEB at the bottom of each ledger. The legal fees in the ledger prepared by Pondview thus duplicated the same legal fees for March 2005 for unit 105 ($536.00) and unit 104 ($348.00) added by MEEB. On or about May 17, 2005, MEEB corrected the duplication error by sending out another letter dated May 17, 2005, which was the same except for an underlined and capitalized heading “CORRECTED NOTICE.” (Ex. 24). The second letter was more than likely a photocopy of the first letter with the foregoing heading typed onto the photocopy. The attached ledgers for unit 105 and unit 104 credited the duplicate legal fees ($536.00 for unit 105 and $348.00 for unit 104) at the' bottom of each ledger. Plaintiff received- the second May 17, 2005 letter with the corrected and credited legal fees no more than a few days after receiving the first May 17, 2005 letter. . . ., MEEB has a practice in place to ensure the accuracy of ledgers received from its clients. MEEB initially asks the client for an accurate ledger with up to date payments of amounts owed. It also asks for any communications from the unit owner. Once MEEB receives the ledger, if the dates and amount of a condominium fee appear accurate, MEEB relies on the ledger. If the amount appears odd or unusual, MEEB makes an inquiry to the client. MEEB typically requests a ledger “at each step of the process.” (Docket Entry # 51, p. 45). Brooks’ practice is to have his assistant, who has an accounting background, first examine a ledger from the client to determine if it looks accurate. She may then examine prior bills on; the computer to determine if the current ledger looks correct. Thereafter, Brooks examines the ledger to see if it makes- sense and all of the numbers look correct. In mid May, MEEB provided a $3,800.27 payoff amount to Bayview Loan Servicing, LLC (“Bayview”), the servicer for the mortgage on unit 105. On May 20, 2005, Bayview paid Pondview $3,800.27. Pondview credited the amount to the unit 105 account. Plaintiff always received information about the amounts paid to Pond-view with letters from the bank “with figures stated in them.” (Docket Entry # 57, p. 40). Bayview informed plaintiff of the payment “near the end of May.” (Docket Entry # 57, p. 35). Bayview more than likely added the $3,800.27 to the amount plaintiff owed on the mortgage for unit 105. Bayview’s payment did hot include two $25.00 charges for late fees on the May condominium fee and loan payback charge on unit 105. It also did not include legal fees incurred in late May, the June condominium fee, the June loan payback charge and a June special assessment ($42.75). Brooks posited that approximately half of the $3,800.27 overdue amount constituted legal fees. On behalf of Pondview, Brooks filed a dismissal of the April 2005 unit 105 suit shortly after receiving the check. Plaintiff received notice of the dismissal. On or about June 1, 2005, plaintiff submitted a $400.00 check to Pondview with the designation, “Payment May + June 2005 Unit 105.” (Ex. 30). Bailey applied the $400.00 check to the oldest outstanding balance in the unit 105 account, which consisted entirely of the requested May and June charges. Bailey thereby complied with plaintiffs notation on the check to apply the amounts to' unit 105’s May and June charges. A $98.18 credit remained in the unit 105 account at the end of June 2005. Plaintiff also submitted a $500.00 check dated June 1, 2005, to Pondview with the designation, “Payment May 4- June 2005 Unit 104.” (Ex. 30). Bailey applied this check to the oldest outstanding balance in the unit 104 account thereby leaving a credit of $119.67 as of the end of 2004, which she applied against the $215.18 January condominium fee. Plaintiff received full credit in the unit 104 account for the $500.00 amount. In June 2005, Pondview began imposing a monthly special assessment on unit owners such as plaintiff. Pondview had the authority to impose such assessments. See Mass. Gen. L. ch. 183A, § 6. Plaintiffs proportionate share of the special assessment was $42.75 for unit 105 and $52.25 for unit 104. In a June 23, 2005 letter from Alison Forbes, Esq. (“Forbes”), a MEEB attorney who took over the Pondview file from Brooks, plaintiff received a copy of his unit 105 account as of June 16, 2005, which included the charge. The letter invited plaintiff to contact her if he had any questions. Plaintiff did not contact Forbes. In mid to late August 2005, plaintiff submitted another two checks to Bailey. He marked one check “Unit 104 July August 2005” in the amount of $500.00 and the other “Unit 105 July August 2005” in the amount of $400.00. (Ex. 35). Plaintiff accompanied the checks with typed instructions that Pondview should only cash the checks for condominium fees and not late fees or legal fees. As instructed, Pondview applied the $400.00 check to the July and August condominium fees for unit 105 and the $500.00 check to the July and August condominium fees for unit 104. Throughout the summer, Pondview continued to incur legal fees in relation to units 104 and 105 because plaintiff refused to pay late fees, loan payback charges and special assessments and because of ongoing charges for the April 2005 unit 104 suit. As with the March, April and May 2005 legal fees, Pondview charged these fees to plaintiff by adding them to the unit’s account. The June legal fee of $253.00 for unit 105 however is designated as July legal fees on Pondview’s ledger. MEEB did not bill Pondview for legal fees for unit 105 for July 2005. Similarly, MEEB billed Pondview $931.00 for June legal fees and $1,547.00 for July legal fees for unit 104. Pondview’s ledger correctly reflects the amounts but designates the $931.00 as July legal fees. In addition to legal fees, plaintiff failed to pay the June loan payback charge, the special assessment and the late fees for both charges on unit 104. Also in addition to legal fees, plaintiff failed to pay the July through September condominium late fees, loan payback charges, late fees on the loan payback charges, the special assessments ($42.75 for unit 105 and $52.25 for unit 104) and late fees on the special assessments for both units. Plaintiffs nonpayment of the foregoing, legitimately imposed and reasonable charges led to a second suit on unit 105. By letters dated August 15, 2005, MEEB, on Pondview’s behalf, sent Mortgage Electronic Registration Systems, Inc. (“MERS”) a 60 day letter. MEEB also sent MERS a letter notifying MERS of MEEB’s “intent to fíle/continue an action to enforce our lien for delinquent common expenses.” (Ex. 36 & 37). In mid October 2005, plaintiff submitted another two checks to Bailey. He again instructed Bailey to apply the $500.00 check only to unit 104’s condominium fees and not to any late fees or legal fees. He gave Bailey similar instructions to apply the $400.00 check for unit 105’s condominium fees and not to any late fees or legal fees. Bailey complied with each request. She applied the $500.00 check to the September and October condominium fees for unit 104 and the $400.00 check to the September and October condominium fees for unit 105. She applied the remaining balance from the $400.00 check ($46.50) as a credit toward condominium fees for unit 105. She applied the remaining balance from the $500.00 check ($69.64) as a credit toward condominium fees for unit 104. On October 4, 2005, MEEB drafted and sent plaintiff by certified and first class mail another 60 day delinquency letter and a notice of intent to collect rent letter relative to unit 105. Both letters directed plaintiff to submit a written payment plan in the event he wished to submit such a plan and informed him he needed to notify MEEB in writing if he decided to dispute the debt. They also stated that MEEB “is acting as a debt collector for [Pondview].” (Ex. 25 & 26). In light of the passage of time since ordering the March 2005 title search on unit 105, MEEB made a reasonable decision to order another title search on unit 105. MEEB included the $101.00 charge in the October 2005 invoice to Pondview. The invoice totaled $1,440.00. Pondview added these charges to plaintiffs unit 105 account. The letters set out the amount of the unit 105 debt ($1,098.14) “incurred through the” October 4, 2005 date of the letter. The unit 105 ledger attached to each letter listed the fees including a $95.00 charge set out the with the exception of an inaccuracy of $1.00 in a $95.00 charge to draft each delinquency letter. The ledger attached to each letter also did not include certain legal fees incurred on October 4, 2005. The omitted fees consisted of $101.00 to order title and $180.00 for drafting the notice to collect rent letter. Due to the aforementioned delinquencies in the unit 105 account, on October 27, 2005, Forbes prepared a complaint for a second collection action in Lynn District Court on unit 105. Forbes also prepared an October 27, 2005 letter to send to MERS, the first mortgagee of unit 105, regarding' Pondview’s intent to file or continue “an action to enforce Pondview’s lien for delinquent common expenses.” (Ex. 11). MEEB also sent MERS a 30 day notice letter on October 27, 2005. Throughout MEEB’s debt collection efforts, it never sent a 30 day notice letter 30 days before filing suit. Plaintiffs first mortgagees had not informed Pondview of their names and addresses. Brooks estimated that 99% of banks do not comply with the provision in section four of chapter 183A that a mortgagee with a mortgage on a unit “give written notice” of its name and “address to the organization of unit owners.” Mass. Gen. L. ch. 183A, § 4. . On October 31, 2005, MEEB filed the collection suit in Lynn District Court to collect delinquent charges on unit 105 in the amount of $1,866.14 on behalf of its client, Pondview (“October 2005 unit 105 suit”). The suit named plaintiff as a defendant and the first mortgagee on unit 105, MERS, as a party in interest. See Mass. Gen. L. ch. 254, § 5. The complaint included the amount of unpaid common expenses which in turn included attorney’s fees. The October 2005 unit 105 suit resulted from plaintiffs nonpayment of unit 105 charges as opposed to any intent on the part of MEEB to unnecessarily escalate its legal fees. Attorney’s fees for the month totaled $1,526.00. In late November 2005, plaintiff again submitted two cheeks to Bailey. He instructed Bailey to apply the $500.00 check only to unit 104’s condominium fees and the $400.00 check only to unit 105’s condominium fees. Plaintiff did not specify the particular “condo fees” by month. Bailey complied with each request. She applied the $500.00 check to unit 104’s condominium fees for January, February and a portion of March 2005. She applied the $400.00 check to the November and December 2005 condominium fees for unit 105. On November 30, 2005, plaintiff and Forbes appeared at a summary judgment and assessment of damages hearing in Lynn District Court for the April 2005 unit 104 suit. During a conversation, plaintiff asked Forbes for a breakdown of the amount owed for unit 104. She did not supply the information at that time and plaintiff did not submit a request in writing. In addition to legitimately imposed legal fees, the following charges remained outstanding in the unit 104 account after Bailey applied the November 21, 2005, $500.00 check: January through November condominium late fees; January through November loan payback charges; January through November loan payback late fees; a portion of the March condominium fee; April, May, June and November condominium fees; June through November special assessments; and June through November special assessment late fees. Similarly, in addition to legitimately imposed legal fees, the following charges remained outstanding in the unit 105 account after Bailey applied the November 21, 2005 $400.00 check: July though November condominium late fees; July through November loan payback charges; July through November loan payback late fees; July through November special assessments; and July through November special assessment late fees. On November 30, 2005, MEEB responded by letter to a request by Bayview for a current payoff amount. MEEB’s letter attached accumulated legal fees for unit 105 ($2,074.00) and a unit 105 ledger. It noted additional legal fees to prepare, file and record a dismissal of the suit as well as the December condominium fee ($176.75) and loan payback charge ($16.58). A handwritten notation on the letter reflects a total of $3,015.55 through December 5, 2005. Bayview paid the $3,015.55 amount by check dated December 15, 2005, and Pondview credited the amount to plaintiffs unit 105 account. Bayview more than likely added this amount to plaintiffs unit 105 mortgage and provided him notice in the following month’s mortgage bill. Plaintiff testified that he received a copy of Bayview’s check when he requested and received documents from MEEB believing he would need the documents for a February 2006 trial. In light of the payment, MEEB filed a stipulated voluntary dismissal of the October 2005 unit 105 suit in late December 2005. In addition to condominium charges, Pondview applied Bayview’s May and December 2005 payments to unit 105 legal charges. Plaintiff only instructed Bailey not to apply his payments to legal fees. He did not provide written instructions regarding payments made by any mortgagee for units 105 or 104. As a result of Bayview’s two payments and plaintiffs four payments limited to condominium fees, the unit 105 account carried forward a $250.00 credit into January 2006. Plaintiffs continued nonpayment of unit 104 fees, other than the aforementioned payments, and the legal fees associated with the April 2005 unit 104 suit resulted in a carry over debit in excess of $12,000.00 in the unit 104 account. MEEB’s invoices set out legal fees for the year of $11,537.70 for unit 104 and $4,763.74 for unit 105. (Ex. 23). On January 31, 2006, plaintiff sent Bailey two postal money orders, one for $185.59 and the other for $225.94. As before, he instructed Bailey to apply the $185.59 money order to unit 105 condominium fees and the $225.94 money order to unit 104 condominium fees. Bailey complied with each request. She applied $185.59 to the January 2006 condominium fee for unit 105 ($185.59) and the $225.94 to the outstanding November 2005 condominium fee for unit 104 ($215.18) with the remainder ($10.76) applied ás a credit only toward condominium fees. These January 2006 money orders were the last payments plaintiff made toward the balance in either the unit, 104 -or the unit 105 account. On February 13, 2006, Forbes had a telephone conference with MERS and Aegis Lending Corporation (“Aegis”). At Aegis’ request, she sent a payoff letter dated February 14, 2006 to Aegis reflecting the outstanding unit 104 condominium charges ($2,450.89) and legal fees ($13,-223.70). Lenders often request the entire amount of an associations’ lien. This court finds by a preponderance of the evidence that Aegis requested the amount of the entire lien. The letter attached a copy of Pondview’s current ledger and enclosed the legal bills to date. It also advised Aegis that trial was set to begin on February 24, 2006. Similar to some but not all of MEEB’s letters to MERS, Forbes did not send plaintiff a copy of the February 14, 2006 payoff letter. On February 24, 2006, a bench trial in the April 2005 unit 104 suit commenced. To prepare for trial, MEEB drafted requests for rulings of law and findings of fact, communicated with Pondview, drafted an exhibit list, performed another title search at a cost of $160.00, prepared for trial, drafted a motion to exclude expert witnesses at a cost of $190.00, drafted a number of other motions, communicated with MERS and its loan servicer and drafted a letter to plaintiff about Halbich’s misconduct in picking a lock. MEEB’s unit 104 legal fees for January and February 2006 respectively totaled $1,173.00 and $6,346.00. The second and final day of the trial took place on March 13, 2006, and the court took the matter under advisement. The opinion, which issued a year later, found that Pondview established its lien under section six of chapter 183A for all outstanding condominium charges as of February 2006. Judgment entered in the amount of $3,106.17 against plaintiff, Williams and MERS for the condominium charges. The opinion also addressed the legal fees and determined a fair and reasonable fee in the amount of $18,803.00. The calculation involved applying a number of the customary factors. (Ex. 80). Applying the relevant factors, the Circuit Justice left the March and April 2005 monthly charges the same and reduced the May 2005 charges by $71.70 for reviewing the complaint in the April unit 104 suit. He also left the June and September 2005 requested charges the same as well as the January 2006 monthly charge. His reductions to the July, August and October through December 2005 monthly charges are modest and primarily based upon excess time spent on tasks that could be accomplished in a shorter time period. He also reduced the February 2006 monthly charge to eliminate charges for filing a motion in limine to exclude certain witnesses at trial. In total, the opinion reduced the initial request for legal fees ($18,106.70) by less than $8,000.00 to $15,601.00. The corrected judgment increased the amount of the legal fees awarded to $18,803.00 in light of Pond-view’s March 9, 2007 motion to amend the judgment. This court’s independent review of the unit 104 legal fees through February 2006 finds they were not excessive. Brooks’ demeanor and testimony confirm that from March 2005 through February 2006 MEEB was not acting in a manner intending to escalate its attorney’s fees. In the first half of 2006, plaintiff also fell behind in making payments in the unit 105 account. Except for the money order payment of the January 2006 condominium fee, plaintiff failed to pay the condominium fees for February through June and the condominium late fees for January through June 2006. In June and July 2006, Pond-view imposed another special assessment which totaled $100.43. Plaintiff failed to pay the special assessment thus incurring a $25.00 late fee for both months. He also failed to pay the modest amount of legal fees incurred during this time period. The lack of any significant legal fee during this time lends further credence to the fact that MEEB did not intentionally or even carelessly act in a manner to escalate its legal fees. On June 23, 2006, Forbes sent MERS a 60 day letter that plaintiff was delinquent in the payment of common expenses for unit 105 in excess of $3,096.04. The letter attached a ledger accurately setting out the unit 105 charges. Forbes also sent plaintiff a copy of the letter with the attached ledger. Forbes sent plaintiff a separate 60 day letter by certified and first class mail setting out the same $3,096.04 arrearage. The letter attached a complete ledger for unit 105 reflecting the May and December 2005 payments by Bayview. The ledger additionally informed plaintiff that Pond-view applied his three earlier $400.00 checks toward the requisite condominium fees. Like the other 60 day letters, Forbes informed plaintiff that the Massachusetts Condominium Act provides that his mortgage lender “be given notice of your delinquency.” (Ex. 40). Because of the continued delinquency, on June 23, 2006, Forbes sent a 30 day letter notifying MERS of Pondview’s intent to file suit on unit 105. Chapter 183A gives the first mortgagee a means to stop further collection action if it complies with certain statutory conditions. The conditions include agreeing in writing that a priority lien exists and paying certain categories of charges within 60 days. See Mass. Gen. L. ch. 183A, §§ 6(a)(ii) & 6(c), ¶ 4. Similar to what took place in the filing of the previous suits, MEEB filed suit on unit 105 on June 30, 2006 (“June 2006 unit 105 suit”), seeking to collect unpaid common expenses of $3,771.04 without waiting the 30 days proscribed in section 6(c) of chapter 183A. Brooks explained that MEEB waited before sending 60 day delinquency and notice of intent to collect rent letters to avoid additional attorney’s fees in the event the matter was resolved. Meanwhile, plaintiff fell further behind in making payments against the balance in the unit 104 account. He also failed to make payments of monthly condominium fees, condominium late fees and legal fees from January to June 2006 as well as the June and July special assessments and related late fees. The March legal fees totaled $1,993.00, the bulk of which ($1,615.00) entailed attending the second and final day of trial in the April 2005 unit 104 suit. The April and May 2006 legal bills totaled a modest $38.00 and $19.00 respectively. Because of MEEB’s actual, albeit mistaken, belief of a continuing need to protect Pondview’s chapter 183A, section 6(c) priority lien, MEEB filed a second suit on unit 104 in late June 2006 (“June 2006 unit 104 suit”). MEEB did not wait the 30 days proscribed in section 6(c) of chapter 183A to notify the first mortgagee. On June 22, 2006, MEEB sent plaintiff a 60 day delinquency letter. By letter dated June 22, 2006, Forbes also sent MERS a 60 day delinquency letter with copies sent to plaintiff, Williams, Pondview and Aegis. Forbes additionally sent MERS a 30 day notice letter dated June 22, 2006. The 60 day letter to plaintiff asked him to contact the firm if he had any questions and, if he wished to propose a payment plan, to submit the plan to MEEB in writing. Even though MEEB repeatedly instructed him to contact the firm if he had any questions, plaintiff never telephoned or contacted the firm after May 2005 with questions about the debt. Similar to the other 60 day letters, the June 22, 2006 letter advised plaintiff about the need to inform MEEB in writing if he disputed the debt or desired to propose a payment plan. At no time did plaintiff send a written communication to MEEB disputing the debt or proposing a payment plan. The June 2006 legal fees for unit 104 included a $75.00 charge for a title examination and a $675.00 charge for reviewing the condominium documents and charges, preparing the complaint and drafting correspondence. By letter dated June 27, 2006, Forbes informed Aegis that Pondview was willing to cease legal activity against plaintiff if Aegis agreed in writing to pay the arrears on unit 104. (Ex. 53). On or about August 10, 2006, Forbes had a telephone conference with the unit 104 lender during which the lender requested a payoff amount. (Ex. 23, Aug. 31, 2006 invoice). By letter dated August 18, 2006, Forbes sent M & T Mortgage Corporation (“M & T”), which the letter identifies as the servicing company for MERS, a payoff amount totaling $3,454.00 for the June 2006 unit 104 suit. The amount included legal fees from June through August 14, 2006 ($1,703.00), outstanding condominium charges at the $225.94 monthly amount applicable to unit 104 from January to August 2006 ($1,286.00) and anticipated legal fees to resolve the matter ($190.00) and the dismissal fee ($275.00) for the June 2006 unit 104 lawsuit. Forbes attached a ledger for unit 104 dating back to July 2004 and time slips with the amount of legal fees incurred dating back to June 8, 2006. By check dated August 29, 2006, payable to Pondview, M & T paid the $3,545.00 amount. On September 1, 2006, MEEB sent Pondview a letter regarding the payment. No further litigation in the June 2006 unit 104 suit took place. The $3,545.00 amount tallied by Forbes included a dismissal fee. This court therefore draws the reasonable assumption that MEEB dismissed the June 2006 unit 104 suit shortly after receiving the payment and forwarding it to Pondview. - Pondview credited the entire amount to the unit 104 account. Pondview applied $1,737.80 of the amount to the January through August condominium fees and the remaining $1,716.20 amount to legal fees. By letter dated September 22, 2006, an attorney with Harmon Law Offices, P.C. (“Harmon”) who represented MERS, wrote to Brooks requesting a payoff amount for unit 104. In the letter, MERS requested “the entire amount [Pondview] claims is owed by [plaintiff]” and “the claimed six month priority amount.” (Ex. 46). In an October 16, 2006 reply letter, Forbes set out the entire amount due on the unit 104 account ($26,035.10). Forbes attached a ledger for unit 104 dating back to July 2004 and time slips with the amount of legal fees incurred dating back to March 23, 2005. The ledger and time slips enabled Harmon to calculate the six month priority lien. Lenders often request the entire balance as opposed to the six month priority amount under section 6(c) of chapter 18SA. (Tr. Ill, p. 88). Accordingly, this court finds that the request that prompted a June 6, 2008 letter from MEEB to Harmon (Ex. 70) and the conversation that prompted a May 13, 2008 letter from MEEB to Harmon (Ex. 69) were requests for the entire amount of Pondview’s lien at the time. The bulk of the amount owed ($26,-035.10) consisted of legal fees ($22,118.70). The latter amount, while significantly larger than the amount of the debt, included fees for preparing summary judgment papers and fees associated with the trial in the April 2005 unit 104 suit. MERS did not make a payment at this time. By the end of 2006, the unit 104 account was running a deficit of $27,140.88. MEEB charged Pondview less in certain months such as July ($95.00), August ($138.00) and September ($114.00) 2006 because relatively little activity took place with respect to unit 104. Whereas Pond-view incurred $901.00 in legal fees in October 2006 due to the need to attend a court proceeding and to respond to Harmon’s request for a payoff, Pondview did not incur any more legal fees for the remainder of the year relative to unit 104. Such minimal activity belies the existence of any intention on the part of MEEB to escalate legal fees. After MEEB filed the June 2006 unit 105 suit, plaintiff filed a counterclaim in August 2006 to recover for “[w]ater damage and overpayment of condo fees” with respect to unit 105. (Docket Entry # 57, p. 71). Pondview incurred additional legal fees ($665.00 in August and $972.00 in September) in seeking to dismiss the counterclaim. Although the Justice denied the motion to dismiss the counterclaim, it was eventually severed from the claim for unpaid assessments. Drafting interrogatories and a request for production of documents in November 2006 engendered additional and necessary legal fees ($760.00). Reviewing these and other legal fees MEEB billed to Pondview from June through December 2006 reaffirms that MEEB did not intentionally or unnecessarily escalate Pondview’s legal fees for unit 105. Pondview charged these fees to the unit 105 account. Plaintiffs continued nonpayment of condominium fees, the locksmith charge and the June and July special assessments and late fees resulted in an approximate delinquency of $3,100.00 by the end of 2006 for these unit 105 charges. Legal fees, which primarily involved activity related to the June 2006 unit 105 suit, totaled slightly more than $8,000.00 by the end of the year for unit 105. As of December 31, 2006, the unit 105 account carried forward a total and accurate arrearage of $11,448.37. (Ex. 61). On January 24, 2007, Forbes sent plaintiff another 60 day letter for unit 104 with an attached ledger. She also made a reasonable decision to update the title resulting in a modest $75.00 charge to Pond-view which Pondview then charged to the unit 104 account. In January and February 2007, Forbes communicated with MERS, the first mortgagee under the April 2005 mortgage for unit 104, and Harmon, MERS’ counsel, without advising plaintiff. A communication on January 23, 2007, with the lender led to a letter from Forbes to Harmon stating the amount of MEEB’s priority lien as $2,226.83. In early February 2007, MERS paid this amount with a, check to Pondview. Forbes confirmed the payment in a February 15, 2007 letter to Harmon. As a result of the payment, MEEB did not file a third unit 104 suit in the first six months of 2007. On March 28, 2007, the aforementioned judgment in the April 2005 unit 104 suit issuéd. The judgment totaled $22,622.99, consisting of condominium charges ($3,106.17), legal fees ($18,803.00) and prejudgment interest ($713.82). Pondview continued to incur legal fees for unit Í04 in April and May 2007 to draft an opposition to plaintiffs motion for a new trial as well as respond to two other motions filed by plaintiff and to attend court hearings on the new trial motion. The lack of any unit 104 legal fees in June and only a $72.00 fee in July 2007 to respond to Harmon’s communication regarding a payoff amount evidences the absence of any intentional escalation of legal fees on the part of MEEB. Court hearings, motion practice, preparation for and continuation of an April 2007 trial, preparation for and rescheduling of a number of pretrial conferences, mediation proceedings and various telephone conferences in the June 2006 unit 105 suit during the first six months of 2007 led to an increase in Pondview’s legal fees of $17,907.00. The largest monthly charge consisted of $9,664.00 in April 2007 to prepare for the then scheduled April 11, 2007 tridl. The work appears necessary and, although certain tasks took longer than necessary, there was no duplication of effort. On April 9, 2007, plaintiffs attorney filed an appearance in the April 2005 unit 104 suit. Three weeks later, he filed an appearance in the June 2006 unit 105 suit. On May 3, 2007, a MEEB attorney reviewed a notice of foreclosure. On May 30, 2007, MEEB prepared 60 day delinquency letters for plaintiff and the first mortgagee. At the same time, MEEB sent the first mortgagee a 30 day notice letter of Pondview’s intent to file or continue an action on unit 104. MEEB did not wait 30 days to file another lawsuit. Thus, on June 1, 2007, MEEB filed another unit 105 suit (“June 2007 unit 105 suit”). Thereafter, Pondview incurred additional legal fees related in part to the start of foreclosure proceedings on unit 105. Specifically, Pondview incurred legal fees which it debited to the unit 105 account in July ($426.70), August ($856.00) and September ($411.00) of 2007. In July 2007, Halbich left Pondview and no longer resided in unit 105. In or around October 2007, plaintiff moved into unit 105 where he resided until January 2008. Foreclosure proceedings began in May 2007 on unit 105, which plaintiff owned at the time. A foreclosure took place in September 2007 which led to an eviction proceeding. The foreclosure re-suited from plaintiffs failure to pay his mortgage debt. MEEB’s filing of the June 2006 and June 2007 unit 105 suits did not result in or cause the foreclosure. In January 2008, plaintiff was evicted from unit 105 and moved into unit 104. Plaintiff continues to live in unit 104 without paying condominium fees, rent or mortgage payments. In September 2008, a separate foreclosure took place on unit 104. Pl