Arkansas 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

The tort of conversion is the exercise of dominion over property in violation of the rights of the owner or the person entitled to possession. Grayson v. Bank of Little Rock, 334 Ark.

Arkansas is a modified comparative fault state. This means that if a victim is found to be 50% at fault for their injuries, they will be barred from recovering compensation of any kind. Multiple parties can have acted negligently, contributing to a victim's injuries, including the victim.

Under Act 1116 of 2013, which amended Arkansas's Uniform Contribution Among Tortfeasors Act, ?allocation of fault as among all joint tortfeasors? is specified as a ?right of contribution.? Ark. Code Ann.

In Arkansas, the modified comparative fault rule applies when an accident victim is found to be 49 percent or less at fault for the crash. If the accident victim is at least 50 percent liable for the collision, he or she cannot pursue damages from other involved parties.

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Arkansas Instruction to Jury Regarding Damages for Wrongful Foreclosure