Pite Duncan, LLP is proud to announce a successful result in the Staffordshire Investments matter that it won in the Oregon Court of Appeals

It is a published case that greatly limits liability for servicers in wrongful foreclosure cases.

The Court stated, "We conclude that, as a matter of law, although plaintiff was the high bidder at the foreclosure sale, the discovery of the agreement to postpone the sale before the execution of the trustee's deed renders the contract void and plaintiff's remedy is limited to return of the purchase funds and, if applicable, interest. This result properly restores the parties to the positions they would have occupied had the wrongful sale not occurred."

While the case is based on Oregon state law, it is in essence an extension of the authority Pite Duncan, LLP established under California law in 2003 when it won the published case of Residential Capital in the California Court of Appeals. Partner John Duncan stated, "We are proud to be a firm that pushes the envelope in defense of our clients and in the establishment of published cases that may be relied on as precendent in defense of future matters. We are also grateful to our clients for having confidence in Pite Duncan's attorneys."

Please do not hesitate to contact John Duncan at jduncan@piteduncan.com if you would like a copy of the Staffordshire Investments or the Residential Capital case.

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