Gabel v. Fidelity National Foreclosue Solutions
We consider consolidated appeals arising from a nonjudicial foreclosure sale of residential property. A jury found Fidelity National Foreclosure Solutions (FNFS) negligent for conducting a foreclosure sale of the residence of Gershon Gabel without providing him notice. The jury awarded compensatory damages to Gabel in the amount of $450,000, with 15 percent apportioned to FNFS. On appeal, Gabel asserts the trial court erred in calculating damages by fixing the value of the property as of the date of the foreclosure sale rather than at its much appreciated value at the time of trial. Court affirm the judgment for damages and the order denying Gabel's motion for attorney fees. Court affirm the orders denying FNFS's motion for JNOV and new trial.
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