Roark v. Plaza Savings Ass'n

TURNAGE, Judge.

Earl W. Roark and Janice Jean Tye filed their petition in equity to set aside a trustee’s sale of real estate because of an alleged breach of duty by the trustee and for failure to give proper notice, for an accounting of the proceeds of the sale, and for damages against the trustee personally for breach of duty. Defendants in the suit were Plaza Savings Association, holder of a note secured by a deed of trust; David Achtenberg, the successor trustee; and Peter James Kemp and Melody Jean Kemp, purchasers at the trustee’s sale. The Kemps filed a counterclaim seeking damages and…