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.
West Virginia Instruction to Jury Regarding Damages for Wrongful Foreclosure is a crucial legal document that provides guidance to the jury in cases involving wrongful foreclosure in West Virginia. This instruction aims to outline the various aspects and considerations that the jury should keep in mind while determining the appropriate damages to award to the homeowner who has been wrongfully foreclosed upon. Keywords: West Virginia, instruction to jury, damages, wrongful foreclosure In a case of wrongful foreclosure, the jury receives specific instructions from the judge regarding the evaluation of damages. Though the specific instructions may vary based on the circumstances and facts of each case, here are some general types of instructions that may be given to the jury in West Virginia: 1. General Damages Instruction: The jury is instructed to determine the general damages suffered by the homeowner as a direct result of the wrongful foreclosure. This may include but is not limited to emotional distress, mental anguish, loss of reputation, and interference with familial relationships. The instruction may emphasize considering the impact of the foreclosure on the homeowner's overall quality of life. 2. Economic Damages Instruction: The jury is directed to assess the economic damages suffered by the homeowner due to the wrongful foreclosure. This involves calculating the actual financial losses incurred, such as loss of home equity, loss of rental income, cost of relocation, and any other monetary losses directly related to the foreclosure. 3. Punitive Damages Instruction: In cases where the wrongful foreclosure is deemed to be particularly egregious or malicious, the jury may receive instructions on punitive damages. Punitive damages are awarded to punish the defendant (e.g., lender or service) for their intentional, reckless, or wanton conduct, and to deter similar behavior in the future. The instruction may guide the jury in determining the appropriate amount of punitive damages based on the defendant's conduct and the harm caused to the homeowner. 4. Mitigation of Damages Instruction: The jury may also receive instructions on considering any efforts made by the homeowner to mitigate their damages. This instruction emphasizes that the homeowner has a responsibility to reasonably minimize their losses after the wrongful foreclosure. The jury is instructed to evaluate whether the homeowner took appropriate measures to minimize their damages and consider those mitigating efforts in their award calculation. 5. Causation Instruction: An essential component of the wrongful foreclosure case is the establishment of causation, i.e., proving that the wrongful foreclosure directly caused the damages suffered by the homeowner. The jury may receive instructions outlining the need for a clear causal connection between the foreclosure and the alleged damages. These instructions might include factors to consider when assessing causation, such as the timing of the foreclosure, the homeowner's financial situation, and any intervening causes unrelated to the foreclosure. It is important to note that the specific instructions provided to the jury in a wrongful foreclosure case can vary based on the unique circumstances and applicable laws. Attorneys and judges work together to tailor the instructions to fit the specific claims and defenses raised in the case while ensuring a fair and just determination of damages.
