ATTORNEY DON YEARIN OBTAINS A TRIAL VERDICT VICTORY ON NOVEMBER 21, 2014 FOR $184,500.00; INCLUDING A $100,000.00 AWARD FOR EMOTIONAL DISTRESS
Bench Trial Verdict 11-24-2014
In Kent McMillian v. Quality Loan Service Corporation, Case no. CV-12-1921-PHX-DKD, United States District Court, District of Arizona, the Honorable David K. Duncan issued a trial verdict on November 24, 2014 in favor of Mr. McMillan and against Quality Loan Service Corporation (“QLSC”) in the amount of $184,500.00. This trial verdict and opinion is set forth on the attached decision and was also published in 2014 WL7899566 (D. Ariz.) (Verdict Summary).
Don Yearin was counsel for plaintiff and contended that QLSC wrongfully proceeded with a foreclosure on plaintiff’s home and failed to provide plaintiff with a pay-off amount which he could pay to stop the foreclosure in violation of A.R.S. § 33-813 (C). QLSC denied receiving a written pay off request which satisfied the statutory requirements and further contended that plaintiff was estopped or could not pursue his claim for wrongful foreclosure as plaintiff sold his residence before the date of the proposed foreclosure claim. Plaintiff claimed he was forced to fire-sell his residence and lost equity in his home based on QLSC’s failure to provide him with the amount he could pay to stop the foreclosure. Plaintiff also claimed he suffered from severe emotional distress as a result of having to sell his unique custom ranch property and his horses and other ranch animals. Plaintiff claimed that QLSC was negligent by failing to fulfill its non-delegable legal duty to provide plaintiff with the payoff amount as required by A.R.S. § 33-813 (C). QLSC denied any such negligence or non-delegable duty.
The Honorable David K. Duncan awarded plaintiff $184,500.00 i.e. $100,000.00 for emotional distress; $64,500.00 in lost equity or damages for the forced fire-sale; and $20,000.00 in damages for personality (horses).
Prior to trial, QLSC’s highest settlement offer was $15,000.00 and plaintiff’s lowest settlement demand was $97,500.00.
The award for emotional distress in the amount of $100,000.00 for wrongful foreclosure is believed to be either the largest award or one of the largest in the state of Arizona.
CONGRATULATIONS TO KENT McMILLAN AND THE YEARIN LAW GROUP
DON YEARIN AND THE YEARIN LAW GROUP HAVE NOW OBTAINED MORE THAN 37 MILLION DOLLARS IN PERSONAL INJURY RECOVERIES FOR THEIR CLIENTS!