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.
Kansas Instruction to Jury Regarding Damages for Wrongful Foreclosure: In Kansas, when a homeowner believes that they have been a victim of wrongful foreclosure, they have the right to seek damages through a lawsuit. The Kansas Instruction to Jury Regarding Damages for Wrongful Foreclosure serves as a guideline for the jury to determine the appropriate compensation that the homeowner may be entitled to. The instruction lays out the various types of damages that can be awarded and provides clarity on how to calculate and assess these damages. The following are some key types of damages that can be awarded in a wrongful foreclosure case in Kansas: 1. Compensatory Damages: These damages are designed to compensate the homeowner for the losses they have suffered as a result of the wrongful foreclosure. This can include financial loss, emotional distress, and any damage to the homeowner's credit history or reputation. 2. Punitive Damages: In certain situations, when the actions of the defendant are found to be willful, wanton, or malicious, punitive damages may be awarded. These damages aim to punish the wrongdoer and deter others from engaging in similar conduct. 3. Mitigation of Damages: The homeowner has a duty to mitigate their damages by taking reasonable steps to minimize their losses. The jury instruction guides the jury in assessing whether the homeowner has taken appropriate measures to mitigate their damages and considers this when awarding compensation. 4. Calculation of Damages: The jury instruction provides guidance on how to calculate the amount of damages to be awarded. This typically involves an assessment of the actual financial losses suffered by the homeowner, including any lost equity in the property, costs of pursuing legal action, and potential future damage. 5. Attorney's Fees and Costs: In some cases, the court may award the homeowner attorney's fees and costs incurred during the legal proceedings. The instruction explains the criteria for determining whether the homeowner is entitled to reimbursement for these expenses. It is important to note that the specific Kansas Instruction to Jury Regarding Damages for Wrongful Foreclosure may vary depending on the circumstances of the case and the judge's instructions. However, these general guidelines give an overview of the types of damages that can be considered by the jury in a wrongful foreclosure case in Kansas.
