In two separate cases, the Supreme Court has said credit card debtors and homeowners in foreclosure actions are entitled to attorney fees when they prevail as defendants in collection or foreclosure cases and their credit card contracts and mortgages called for attorney fees if the creditors had won.

Both opinions involved interpretations of F.S. §57.105(7).

“Under section 57.105(7)’s rule of reciprocity, if a contract provides for attorney’s fees for a party when that party ‘is required to take any action to enforce the contract,’ then attorney’s fees are authorized for the other party if ‘that party prevails in any action. . . with respect to the contract,’” Chief Justice Charles Canady wrote for the court in the credit card ruling. “Here, the fees were authorized for the debtors because both conditions required by the statute were met.”