Oklahoma Instruction to Jury Regarding Damages for Wrongful Foreclosure

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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

Answer First, click on Secondary Sources under the Content Types tab on the main Westlaw Edge page. Then, click on Jury Instructions.

Contempt penalties range from a $100 fine to three days imprisonment, or both. Temporary excuses may be granted under special circumstances. In this case you will be rescheduled for service.

You may redeem this property from the mortgage company by paying off the entire amount due plus the costs and fees incurred. You retain this "right to redeem" the property until the Sheriff's sale is confirmed by the court.

A ?deed in lieu of foreclosure? is another type of loss mitigation where the mortgage servicer agrees to take a deed from you in full satisfaction of the mortgage debt.

The State Bar of Texas produces its own set of model jury charges called Texas Pattern Jury Charges (PJC), which are generally published on a two-year cycle.

Oklahoma Uniform Jury Instructions (civil & criminal only) are also available on Lexis and Westlaw within the Oklahoma databases.

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Oklahoma Instruction to Jury Regarding Damages for Wrongful Foreclosure