Facts

Plaintiff Nancy Register purchased her condominium in 1996 with her life savings. In 2005, the condo was sold at a nonjudicial foreclosure sale to satisfy a debt to her HOA of less than $10,000, resulting in approximately $49,000 in surplus funds representing Ms. Register's equity in her home. Ms. Register, then in her early 70s, was rendered homeless by the subsequent eviction. Instead of returning the funds to Ms. Register, the foreclosure sale trustee, defendant CALC, retained the surplus funds and sent them to its litigation attorney, defendant Law Offices of Jonathan G. Gabriel, who applied those funds to CALC's legal fees incurred in defending against Ms. Register's subsequent lawsuit to undo the sale.

Allegedly, neither the trustee nor attorney Gabriel told anyone they were dissipating Ms. Register's funds before the funds were gone completely.

Injuries

Actual damages in the amount of the converted surplus funds and compensatory damages for the injuries sustained by Ms. Register while she was homeless during which time defendants failed to return the surplus funds.

Result

Following a three day bench trial, Judge John P. Shook found (i) CALC liable for statutory violations for failing to return the surplus funds, (ii) attorney Gabriel liable for breach of fiduciary duty in failing to hold the funds in trust for Ms. Register, and (iii) both defendants liable for converting Ms. Register's home equity for their own benefit. The Court awarded Register $99,580, which consisted of $78,319 in damages, $15,050 in interest, and $6,210 in costs.