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.
Florida Instruction to Jury Regarding Damages for Wrongful Foreclosure: Florida Instruction 501.2h: Compensatory Damages for Wrongful Foreclosure This instruction guides the jury on the determination of compensatory damages in a wrongful foreclosure case. It emphasizes that the damages awarded should aim to put the plaintiff in the same financial position they would have been in if the wrongful foreclosure had not occurred. The jury should consider the plaintiff's economic losses, including the value of the property wrongfully foreclosed upon, any loss of rental income or investment opportunities, and any related emotional distress or mental anguish. Additionally, the instruction states that the jury should not award speculative damages or include amounts solely for punitive purposes. Florida Instruction 501.2i: Punitive Damages for Wrongful Foreclosure This instruction outlines the criteria for awarding punitive damages in a wrongful foreclosure case. It explains that punitive damages can only be awarded if the defendant's conduct showed intentional misconduct, gross negligence, or a reckless disregard for the rights of the plaintiff. The instruction provides examples of such conduct, such as fraud, violation of statutes, or a failure to follow proper foreclosure procedures. It further emphasizes that punitive damages should be assessed based on the defendant's financial circumstances to ensure they are proportionate and fair. Florida Instruction 501.2j: Restitution Damages for Wrongful Foreclosure This instruction addresses the concept of restitution damages in a wrongful foreclosure case. It informs the jury that restitution damages aim to restore any unjust enrichment gained by the defendant through the wrongful foreclosure. The jury should consider the value of any benefits received by the defendant, such as proceeds from the sale of the foreclosed property or any other financial gains resulting from the wrongful foreclosure. Restitution damages should be calculated based on fairness and equity, ensuring that the plaintiff is not left in an unjust position. Florida Instruction 501.2k: Attorney's Fees and Costs for Wrongful Foreclosure This instruction explains that if the jury finds in favor of the plaintiff in a wrongful foreclosure case, they may award reasonable attorney's fees and costs incurred by the plaintiff. It specifies that the jury should consider factors such as the complexity of the case, the skill and reputation of the attorney, and the reasonableness of the fees incurred. The instruction emphasizes that attorney's fees and costs should be awarded to ensure access to justice for the plaintiff and encourage competent legal representation in similar cases. It is crucial for jurors to understand and follow these instructions, as they provide guidance on assessing damages in a wrongful foreclosure case, striving for a fair and just outcome for all parties involved.Florida Instruction to Jury Regarding Damages for Wrongful Foreclosure: Florida Instruction 501.2h: Compensatory Damages for Wrongful Foreclosure This instruction guides the jury on the determination of compensatory damages in a wrongful foreclosure case. It emphasizes that the damages awarded should aim to put the plaintiff in the same financial position they would have been in if the wrongful foreclosure had not occurred. The jury should consider the plaintiff's economic losses, including the value of the property wrongfully foreclosed upon, any loss of rental income or investment opportunities, and any related emotional distress or mental anguish. Additionally, the instruction states that the jury should not award speculative damages or include amounts solely for punitive purposes. Florida Instruction 501.2i: Punitive Damages for Wrongful Foreclosure This instruction outlines the criteria for awarding punitive damages in a wrongful foreclosure case. It explains that punitive damages can only be awarded if the defendant's conduct showed intentional misconduct, gross negligence, or a reckless disregard for the rights of the plaintiff. The instruction provides examples of such conduct, such as fraud, violation of statutes, or a failure to follow proper foreclosure procedures. It further emphasizes that punitive damages should be assessed based on the defendant's financial circumstances to ensure they are proportionate and fair. Florida Instruction 501.2j: Restitution Damages for Wrongful Foreclosure This instruction addresses the concept of restitution damages in a wrongful foreclosure case. It informs the jury that restitution damages aim to restore any unjust enrichment gained by the defendant through the wrongful foreclosure. The jury should consider the value of any benefits received by the defendant, such as proceeds from the sale of the foreclosed property or any other financial gains resulting from the wrongful foreclosure. Restitution damages should be calculated based on fairness and equity, ensuring that the plaintiff is not left in an unjust position. Florida Instruction 501.2k: Attorney's Fees and Costs for Wrongful Foreclosure This instruction explains that if the jury finds in favor of the plaintiff in a wrongful foreclosure case, they may award reasonable attorney's fees and costs incurred by the plaintiff. It specifies that the jury should consider factors such as the complexity of the case, the skill and reputation of the attorney, and the reasonableness of the fees incurred. The instruction emphasizes that attorney's fees and costs should be awarded to ensure access to justice for the plaintiff and encourage competent legal representation in similar cases. It is crucial for jurors to understand and follow these instructions, as they provide guidance on assessing damages in a wrongful foreclosure case, striving for a fair and just outcome for all parties involved.
