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: Wisconsin Instruction to Jury Regarding Damages for Wrongful Foreclosure: A Comprehensive Guide Description: In Wisconsin, jury instructions play a crucial role in guiding the jurors in understanding the legal concepts and considerations related to damages in cases involving wrongful foreclosure. This detailed description will provide an overview of the different types of Wisconsin Instruction to Jury Regarding Damages for Wrongful Foreclosure, ensuring a comprehensive understanding of this complex legal matter. 1. Compensatory Damages Instructions: Compensatory damages aim to fully compensate the victim of wrongful foreclosure for any losses incurred directly as a result of the wrongful actions. Instructions related to compensatory damages cover various aspects such as lost equity, emotional distress, legal fees, damage to creditworthiness, and any other financial or non-financial harm caused by the wrongful foreclosure. 2. Punitive Damages Instructions: Punitive damages may be awarded in cases where the wrongful foreclosure resulted from willful, wanton, or malicious conduct on the part of the defendant, aiming to deter similar actions and punish the wrongdoer. Instructions in this category will explain the legal standards and criteria for awarding punitive damages, emphasizing the need for clear and convincing evidence of the defendant's wrongful intent or reckless behavior. 3. Mitigation of Damages Instructions: Mitigation of damages instructions inform the jury that the plaintiff has an obligation to reduce their losses to the extent reasonable and practical following a wrongful foreclosure. This instruction covers concepts such as the availability of alternatives, duty to seek reemployment, and the duty to mitigate financial damages by pursuing other property or loan options. 4. Proximate Cause Instructions: Proximate cause instructions explain the legal concept of causation and its role in determining whether the wrongful actions directly caused the damages suffered by the plaintiff. These instructions guide the jury in assessing the causal connection between the defendant's conduct and the alleged harm resulting from the foreclosure, ensuring a clear understanding of how to evaluate causation in wrongful foreclosure cases. 5. Calculation of Damages Instructions: Calculation of damages instructions provide the jury with guidance on the specific methods and factors to consider when determining the amount of damages to be awarded in the case of wrongful foreclosure. This may involve instructing the jury on fair market value, interest calculations, present value, and any applicable statutory limitations or caps. It's important to note that the specific instructions provided to the jury may vary depending on the circumstances of the particular case and the judge's discretion. These Wisconsin Instruction to Jury Regarding Damages for Wrongful Foreclosure categories serve as a general framework for understanding the potential types of instructions that may be given to the jury. Keywords: Wisconsin, instruction to jury, damages, wrongful foreclosure, compensatory damages, punitive damages, mitigation of damages, proximate cause, calculation of damages, legal concepts, legal standards, jury instructions, financial harm, emotional distress, causation.
