Virginia 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

Proof of malicious conduct on the defendant's part must be provided, but unlike with aggravated damages, proof of injury is not required. The defendant's actions must be categorized as either malicious, high-handed, or outrageous for punitive damages to apply, and damages generally range from $50,000 to $1,000,000.

In a personal injury case, there are no caps on economic and non-economic damages. This means that the entire value of a case can be recovered without the judge having to order remittitur.

There are two types of damages that may be awarded: compensatory and punitive damages. Compensatory damages are intended to compensate for actual losses, while punitive damages aim to punish the defendant. It's important to work with an experienced attorney to navigate the legal system and ensure a fair outcome.

In summary, the clear and convincing standard is higher than the preponderance of the evidence standard but lower than the beyond a reasonable doubt standard. It requires a high level of certainty in the evidence presented, but not to the same extent as in criminal cases.

Virginia law caps punitive damage awards at $350,000. While a jury may return a verdict for punitive damages over this amount, the judge will ultimately reduce the punitive damages award so it does not exceed the maximum amount.

The United States Supreme Court has provided a limit on the amount of punitive damages which can be awarded. Punitive damages cannot exceed a ratio of . In other words, punitive damages are not permitted to be more than 10 times the initial award which is given.

The Model Jury Instruction Committee is comprised of outstanding and experienced Virginia judges, practicing attorneys, and law professors who devote substantial time in the maintenance of this essential litigation resource.

Before or after the closing arguments, the judge will explain the law that applies to the case. You must apply these instructions to the facts to arrive at your verdict. Keep in mind that you must follow the law as the judge states it to you, even if you disagree with it.

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Virginia Instruction to Jury Regarding Damages for Wrongful Foreclosure