Jeffrey P. Downer and Kyle J. Rekofke won summary judgment for a foreclosure trustee in Price v. Trustee, a wrongful-foreclosure action. Plaintiffs set up an LLC to buy a $3.8 million Mercer Island home with seller financing. They soon defaulted, and when foreclosure proceedings began, they sued to stop the foreclosure and for damages under the Consumer Protection Act based on alleged irregularities in the foreclosure documentation. Jeff and Kyle moved for appointment of a receiver, who sold the house and paid off the seller-lenders. Jeff and Kyle then moved for summary judgment on the basis that plaintiffs had suffered no damages, in part because they had lived rent-free in a luxury home for many months. The court held that there was no CPA violation and no proof of damages and dismissed the action.
Sep 17, 2019