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: Overview of Pennsylvania Instruction to Jury Regarding Damages for Wrongful Foreclosure Keywords: Pennsylvania, Instruction to Jury, Damages, Wrongful Foreclosure Introduction: Pennsylvania provides specific instructions to the jury regarding the calculation and awarding of damages in cases of wrongful foreclosure. These instructions aim to ensure fairness and accuracy in assessing the harm suffered by the plaintiff as a result of the wrongful foreclosure. This article provides an in-depth description of Pennsylvania's instruction to the jury regarding damages for wrongful foreclosure, highlighting specific types of instructions. Types of Pennsylvania Instruction to Jury Regarding Damages for Wrongful Foreclosure: 1. Calculation of Compensatory Damages: Pennsylvania courts instruct the jury to consider compensatory damages while determining the monetary amount that would adequately remedy the harm caused by the wrongful foreclosure. These damages typically include the loss of property value, emotional distress, attorney fees, and other financial losses directly related to the foreclosure and subsequent actions taken by the defendant. 2. Calculation of Punitive Damages: In some cases, Pennsylvania courts may permit the jury to award punitive damages if the defendant's conduct is found to be exceptionally egregious or malicious. The jury instruction regarding punitive damages emphasizes that these damages are intended to punish the defendant and deter others from engaging in similar wrongful foreclosure practices. 3. Calculation of Statutory Damages: Under certain circumstances, Pennsylvania law may provide for the awarding of specific statutory damages in wrongful foreclosure cases. The jury instruction details the relevant statutory provisions and guides jury members in determining whether the plaintiff is entitled to such damages and the appropriate amount to be awarded. 4. Decision on Mitigation of Damages: Pennsylvania courts instruct the jury to consider whether the plaintiff has taken reasonable steps to mitigate their damages after the wrongful foreclosure. If the plaintiff fails to mitigate their losses, the jury may reduce the amount of damages awarded accordingly. 5. Consideration of Attorney Fees and Costs: When determining the overall damages, Pennsylvania courts instruct the jury to consider the reasonable attorney fees and costs incurred by the plaintiff in pursuing their legal action. The jury instruction provides guidance on how to assess and include these fees and costs in the final damages' calculation. Conclusion: Pennsylvania's instruction to the jury regarding damages for wrongful foreclosure plays a crucial role in ensuring justice and fair compensation for victims of wrongful foreclosure. By providing comprehensive guidance on various types of damages, including compensatory, punitive, and statutory damages, the instruction aims to enable the jury to make informed decisions in line with Pennsylvania law. It also emphasizes the importance of considering the plaintiff's efforts to mitigate damages and the inclusion of reasonable attorney fees and costs.
