Washington 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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WPIC 2.13 Malice?Maliciously?Definition. Malice and maliciously mean an evil intent, wish, or design to vex, annoy, or injure another person. [Malice may be, but is not required to be, inferred from an act done in willful disregard of the rights of another.]

(12) "Malice" and "maliciously" shall import an evil intent, wish, or design to vex, annoy, or injure another person.

Malicious Mischief 3 is a gross misdemeanor and is punishable by up to 364 days of jail and up to a $5000 fine. You may also be asked by the WA State court to replace the damaged property (pay restitution), take anger management classes, and be evaluated for alcohol or substance abuse by a treatment agency.

The pattern instructions are designed as simple, brief, unbiased statements of the law which are free from argument.

WPI 15.01. 01 (7th ed.) A cause of an [injury] [event] is a proximate cause if it is related to the [injury] [event] in two ways: (1) the cause produced the [injury] [event] in a direct sequence [unbroken by any superseding cause], and (2) the [injury] [event] would not have happened in the absence of the cause.

Three definitions of assault have been recognized by Washington courts: (1) an attempt, with unlawful force, to inflict bodily injury upon another; (2) an unlawful touching with criminal intent; and (3) putting another in apprehension of harm whether or not the actor actually intends to inflict or is incapable of ...

WPI 31.02. 01 (7th ed.) It is the duty of the court to instruct you as to the measure of damages on plaintiff's claim for losses suffered by(name of spouse / state registered domestic partner). [By instructing you on damages, the court does not mean to suggest for which party your verdict should be rendered.

Damages commonly awarded in a Washington wrongful death case include compensation for: the deceased person's last medical bills. funeral and burial expenses. lost financial support the deceased would have contributed to his or her family.

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Washington Instruction to Jury Regarding Damages for Wrongful Foreclosure