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.
Title: Mississippi Instruction to Jury Regarding Damages for Wrongful Foreclosure and Types Introduction: When it comes to wrongful foreclosure in Mississippi, understanding the process and potential damages is crucial to ensuring fair compensation for aggrieved parties. This article aims to provide a detailed description of the various aspects of Mississippi jury instructions regarding damages for wrongful foreclosure, as well as different types of instructions that may be applicable. 1. The Purpose of Jury Instructions: Jury instructions serve as a guide for the jury, outlining the legal principles that will dictate their decision-making in a wrongful foreclosure case. These instructions play a pivotal role in providing a structured framework for the jury to determine the appropriate damages. 2. General Mississippi Instruction to Jury Regarding Damages for Wrongful Foreclosure: Under Mississippi law, the jury will be instructed on several key principles regarding damages in a wrongful foreclosure case. These principles may include, but are not limited to: — The importance of determining the fair market value of the foreclosed property at the time of foreclosure. — The need to consider any decrease in the fair market value resulting from the wrongful foreclosure. — The possibility of awarding compensatory damages for any financial harm suffered by the plaintiff, such as additional costs and expenses incurred as a direct result of the wrongful foreclosure. — The potential entitlement to punitive damages if the foreclosure was conducted with malicious intent or willful disregard for the plaintiff's rights. 3. Specific Types of Mississippi Instruction to Jury Regarding Damages for Wrongful Foreclosure: a. Instruction on Measuring Damages: — This instruction focuses on providing the jury with guidance on how to calculate and quantify the damages reasonably owed to the aggrieved party. It may include methods for assessing both economic and non-economic losses sustained as a result of the wrongful foreclosure. b. Instruction on Compensatory Damages: — This instruction outlines the criteria and considerations involved in awarding compensatory damages. It may emphasize the need to compensate the plaintiff for actual financial losses, such as out-of-pocket expenses or emotional distress directly attributable to the wrongful foreclosure. c. Instruction on Punitive Damages: — In cases where the wrongful foreclosure is deemed particularly egregious, this instruction is provided to inform the jury regarding punitive damages. The instruction highlights the need for clear and convincing evidence of malicious intent or reckless behavior on the part of the defendant, making them liable for increased damages intended to punish and deter similar conduct. Conclusion: In Mississippi, jury instructions regarding damages for wrongful foreclosure guide jurors in evaluating the harm resulting from the illegal seizure of property. By providing clear instructions on measuring damages, compensatory damages, and punitive damages, individuals who have suffered wrongful foreclosure can pursue fair compensation in line with Mississippi law. Understanding these jury instructions is crucial for both plaintiffs and defendants involved in wrongful foreclosure cases.
