New Jersey Instruction to Jury Regarding Damages for Wrongful Foreclosure

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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

Note: When completing the juror questionnaire online, please be aware that you are able to self-defer your service one time, for up to 12 weeks from the summons date. If you are seeking a deferral longer than 12 weeks, you will be required to provide supporting documentation to the Jury Management Office.

Please allow 5-7 business days before contacting the automated juror information system at 1-866-363-8154 for your status.

Persons summoned as jurors who, without reasonable excuse, either fail to appear for jury service or refuse to serve, shall be liable for a fine not to exceed $500, payable to the county in which the person was summoned, or may be punished for contempt of court.

Q. What are the qualifications to serve as a juror in New Jersey? Examples of persons who would be disqualified are anyone who was convicted of, or pled guilty to, a crime in Federal Court or Superior Court; or anyone currently on PTI (Pre-trial Intervention Program.)

Physically and mentally capable of properly serving as a juror, and. free of any prior conviction for any indictable offense under the laws of New Jersey, another state, or the United States.

Petit Jurors are on call for two days or, if selected, for the length of the trial. Grand Jurors serve one day a week (either Tuesday or Thursday) for 16 weeks. State Grand Jurors report to Trenton and serve one day a week for 20 weeks.

To prove an allegation by the preponderance of the evidence, a party must convince you that the allegation is more likely true than not true.

Excuse from Service You have no means of transportation. You would have to travel an excessive distance to the courthouse. You have a physical or mental impairment. You provide care for a dependent and cannot afford to have someone cover for you. Serving would be an extreme financial burden.

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New Jersey Instruction to Jury Regarding Damages for Wrongful Foreclosure