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.
Illinois Instruction to Jury Regarding Damages for Wrongful Foreclosure serves as a critical guideline for judges to provide necessary instructions to the jury when determining damages in cases related to wrongful foreclosures in the state of Illinois. These instructions outline the factors that should be considered when calculating the compensation owed to the plaintiff, ensuring a fair assessment of the damages incurred due to the unlawful foreclosure. Keywords: Illinois, instruction, jury, damages, wrongful foreclosure. Types of Illinois Instructions to Jury Regarding Damages for Wrongful Foreclosure: 1. Economic Damages: This instruction guides the jury on assessing the financial losses suffered by the plaintiff as a direct result of the wrongful foreclosure. It includes calculating the unpaid mortgage balance, fees and penalties charged during the foreclosure process, and any additional costs incurred such as attorney fees. 2. Emotional Distress Damages: This instruction explains to the jury how to evaluate the non-economic damages caused by the wrongful foreclosure, focusing on the emotional distress experienced by the plaintiff. It instructs the jury to consider factors such as anxiety, depression, humiliation, loss of reputation, and any other psychological harm endured as a result of the foreclosure proceedings. 3. Punitive Damages: In cases where the defendant's actions are deemed particularly egregious or intentional, this instruction informs the jury about the possibility of awarding punitive damages. It outlines that punitive damages are not intended to compensate the plaintiff but rather to punish the defendant and deter similar behavior in the future. 4. Mitigating Damages: This instruction educates the jury on the concept of mitigating damages, emphasizing that the plaintiff has a duty to minimize their losses reasonably. The instruction may include examples of efforts made by the plaintiff to mitigate the damages, such as seeking alternative housing or attempting loan modifications. 5. Causation: This instruction clarifies the burden of proof required to establish a causal connection between the defendant's wrongful foreclosure actions and the damages suffered by the plaintiff. It guides the jury in determining whether the foreclosure was the direct cause of the plaintiff's financial and emotional harm. 6. Future Damages: In cases where the plaintiff may continue to experience financial or emotional harm in the future due to the wrongful foreclosure, this instruction directs the jury on how to consider future damages awards. It may involve estimating the reasonable duration and potential impact of the ongoing harm. By providing a framework for evaluating damages in wrongful foreclosure cases, these instructions help maintain consistency and fairness within Illinois courts while ensuring that the plaintiff is adequately compensated for the losses suffered.
