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.
Massachusetts Instruction to Jury Regarding Damages for Wrongful Foreclosure is a directive provided to the jury in a legal case where the plaintiff alleges wrongful foreclosure. This instruction outlines the criteria and considerations that the jury should take into account when determining the appropriate damages to be awarded to the plaintiff if they find in favor of the plaintiff. Keywords: Massachusetts, instruction to jury, damages, wrongful foreclosure There are several key elements that the Massachusetts Instruction to Jury Regarding Damages for Wrongful Foreclosure may cover, including: 1. Introduction: The instruction will begin with an overview of the purpose of the instruction and the importance of determining damages in cases of wrongful foreclosure. 2. Nature of Damages: The instruction will explain the different types of damages that may be awarded in a wrongful foreclosure case, such as compensatory damages, punitive damages, and emotional distress damages. 3. Compensatory Damages: The instruction will guide the jury on how to calculate compensatory damages based on the plaintiff's actual financial losses resulting from the wrongful foreclosure. This may include the loss of the property's value, costs incurred due to relocation, and any related financial harm suffered by the plaintiff. 4. Punitive Damages: If the circumstances warrant it, the instruction may address punitive damages, which are intended to punish the defendant for their wrongful actions and deter similar conduct in the future. The instruction will provide guidance on determining the appropriate amount of punitive damages based on the severity of the defendant's misconduct. 5. Emotional Distress Damages: In cases where the plaintiff can demonstrate emotional distress as a direct result of the wrongful foreclosure, the instruction will instruct the jury on how to assess and calculate damages for emotional distress, considering factors such as the nature of the distress, its duration, and the impact on the plaintiff's life. 6. Mitigation of Damages: The instruction may include information on the doctrine of mitigation, which requires the plaintiff to take reasonable steps to minimize their damages after the wrongful foreclosure. This instruction will guide the jury in determining whether the plaintiff adequately mitigated their damages and how it may impact the final award. 7. Evidence Considerations: The instruction will outline the types of evidence the jury should consider when determining damages, such as financial records, expert testimony, and any supporting documentation provided by the parties involved. 8. Jury Deliberation: The instruction will conclude by informing the jury about their responsibilities during deliberation, emphasizing the need for careful consideration of the evidence presented to determine fair and just damages. While there may not be specific subcategories of Massachusetts Instruction to Jury Regarding Damages for Wrongful Foreclosure, the content mentioned above is typically covered in the instructions to provide comprehensive guidance to the jury in a wrongful foreclosure case in Massachusetts.
