United States Ninth Circuit, 03/26/2012
In re Kekauoha-Alisa, No. 09-60019
Avoidance of foreclosure sale appropriate, where the lack of adequate public announcement that the foreclosure sale had been postponed violated Hawaii’s nonjudicial foreclosure statute, and this defect was a deceptive practice under Hawaii law; but 2) the case is remanded to the bankruptcy court for a proper calculation of attorneys’ fees and damages, where the bankruptcy court made no finding that the enumerated damages were caused by and fairly traceable to the mortgagee’s improper postponement.
Thanks to Findlaw.com