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Colorado Instruction to Jury Regarding Damages for Wrongful Foreclosure

Category:
Civil Procedure - Jury Instructions - Foreclosures
State:
Multi-State
Control #:
US-01365BG
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Word; 
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Description

Foreclosure is the procedure by which a party who has loaned money secured by a mortgage or deed of trust on real property (or has an unpaid judgment), forces the sale of the real property to recover the money due, unpaid interest, plus the costs of foreclosure, after the debtor fails to make payment.


In most cases, a wrongful foreclosure action alleges that the amount stated as due and owing in the notice of default is incorrect for one or more of the following reasons: an incorrect interest rate adjustment, incorrect tax escrow collected, misapplied payments, or a forbearance agreement which was not adhered to by the servicer, Wrongful foreclosure actions are also brought when the servicers accept partial payments after initiation of the wrongful foreclosure process, then continue with the foreclosure.

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FAQ

Punitive damages?known in Colorado as "exemplary damages"?are meant to serve another purpose. As the name implies, they are supposed to punish the defendant's bad behavior. For this reason, punitive damages are usually reserved for situations where the defendant's actions were intentional.

Colorado Jury Instruction for Comparative Negligence The affirmative defense of the comparative negligence of the plaintiff, (name), is proved if you find all of the following: The plaintiff was negligent; and. The negligence of the plaintiff was a cause of the plaintiff's own claimed (injuries) (damages) (losses).

The primary difference between compensatory and punitive damages is their intended effects on the two opposing sides of a personal injury claim. Compensatory damages are intended to help the injured victim, while punitive damages are meant to penalize the at-fault party.

Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.

The elements of a claim of negligent misrepresentation are: (1) one in the course of his or her business, profession or employment; (2) makes a misrepresentation of a material fact, without reasonable care; (3) for the guidance of others in their business transactions; (4) with knowledge that his or her representations ...

?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.

WHAT IS THE PUNITIVE DAMAGES LAW IN COLORADO? Colorado Revised Statutes § 13-21-1021 is the law for punitive damages. These damages are available if the defendant acts with fraud, malice, or willful and wanton conduct. If the jury awards compensatory damages, they may also choose to award exemplary damages.

Overview. Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful.

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