Summary:
Brian C. Williams and others sued defendants Craig Orson Brooksby, Lynn Pinder, Tonya Newell, and additional parties, alleging violations of the Sherman Act, North Carolina’s antitrust law, and unjust enrichment due to bid rigging at Homeowner Association foreclosure auctions. The jury found that the defendants conspired to limit competition through bid rigging and engaged in unfair practices, including attempts to extort plaintiffs, and awarded damages. The district court also ordered defendants to reconvey a deed to plaintiff Mike Gustafson’s former spouse, which had been obtained through bid rigging and misrepresentation.
On appeal, the defendants argued insufficient evidence, errors in jury instructions, and improper injunctive relief. However, the circuit court affirmed the district court’s decisions, finding that defendants failed to properly renew their evidence sufficiency motion post-verdict, and did not show plain error in the jury instructions. The court dismissed as moot the challenge to the injunctive relief, as the deed had already been reconveyed. Ultimately, the appeal was dismissed in part and affirmed in part.
Commentary:
It is also troubling that none of the other parties, including the HOA attorneys or County Clerks, paid enough attention to these HOA foreclosure sales to prevent this.
For more details on this abuse see: Charlotte Observer- Deceit, rigged bids and extortion: How HOA foreclosures can open the door to predators
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To read a copy of the transcript, please see:
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