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.
Hawaii Instruction to Jury Regarding Damages for Wrongful Foreclosure In a wrongful foreclosure case in Hawaii, the court provides instructions to the jury regarding damages. These instructions aim to guide the jurors in understanding the various types and amount of damages that may be awarded to the plaintiff (homeowner) in a successful wrongful foreclosure claim. Below are examples of different types of instructions that may be given: 1. Compensatory Damages: The court may instruct the jury to consider compensatory damages. Compensatory damages aim to restore the homeowner to the position they were in before the foreclosure occurred. This may include the actual financial loss suffered, such as the value of the home, any equity in the property, and related costs, such as relocation expenses and legal fees. 2. Emotional Distress Damages: The court may instruct the jury to consider emotional distress damages. Wrongful foreclosure can cause significant emotional distress, anxiety, and mental anguish to the homeowner. Jurors may be instructed to consider the severity and duration of emotional distress experienced and award damages accordingly. 3. Punitive Damages: In cases where the lender's actions were found to be particularly wrongful, oppressive, fraudulent, or malicious, the court may instruct the jury to consider punitive damages. These damages are meant to punish the defendant (lender) and deter others from engaging in similar conduct in the future. Jurors will be guided on factors to consider when determining the amount of punitive damages. 4. Special Damages: The court may instruct the jury to consider special damages. Special damages refer to specific financial losses that are directly linked to the wrongful foreclosure. For example, if the homeowner can demonstrate lost income or profits, costs associated with legal actions, or any other unique financial losses, the jury may be instructed to consider compensating the homeowner for these specific damages. 5. Mitigation of Damages: The court may instruct the jury on the concept of mitigation of damages. Mitigation means that the homeowner should take reasonable steps to minimize their losses. Jurors will be instructed on considering whether the homeowner made reasonable efforts to mitigate any damages incurred as a result of the wrongful foreclosure, and whether any reduction in damages should be applied accordingly. 6. Nominal Damages: In some cases where the homeowner did not suffer significant financial losses or emotional distress due to the wrongful foreclosure, the court may instruct the jury to consider awarding nominal damages. Nominal damages are symbolic in nature and are awarded to acknowledge that a legal right has been violated, even if substantial damages are not proven. It's important to note that the specific instructions provided to the jury will depend on the facts and circumstances of each case. These instructions aim to ensure that the jury has a clear understanding of the different types of damages available and how they should be considered when determining compensation for the homeowner in a Hawaii wrongful foreclosure case.Hawaii Instruction to Jury Regarding Damages for Wrongful Foreclosure In a wrongful foreclosure case in Hawaii, the court provides instructions to the jury regarding damages. These instructions aim to guide the jurors in understanding the various types and amount of damages that may be awarded to the plaintiff (homeowner) in a successful wrongful foreclosure claim. Below are examples of different types of instructions that may be given: 1. Compensatory Damages: The court may instruct the jury to consider compensatory damages. Compensatory damages aim to restore the homeowner to the position they were in before the foreclosure occurred. This may include the actual financial loss suffered, such as the value of the home, any equity in the property, and related costs, such as relocation expenses and legal fees. 2. Emotional Distress Damages: The court may instruct the jury to consider emotional distress damages. Wrongful foreclosure can cause significant emotional distress, anxiety, and mental anguish to the homeowner. Jurors may be instructed to consider the severity and duration of emotional distress experienced and award damages accordingly. 3. Punitive Damages: In cases where the lender's actions were found to be particularly wrongful, oppressive, fraudulent, or malicious, the court may instruct the jury to consider punitive damages. These damages are meant to punish the defendant (lender) and deter others from engaging in similar conduct in the future. Jurors will be guided on factors to consider when determining the amount of punitive damages. 4. Special Damages: The court may instruct the jury to consider special damages. Special damages refer to specific financial losses that are directly linked to the wrongful foreclosure. For example, if the homeowner can demonstrate lost income or profits, costs associated with legal actions, or any other unique financial losses, the jury may be instructed to consider compensating the homeowner for these specific damages. 5. Mitigation of Damages: The court may instruct the jury on the concept of mitigation of damages. Mitigation means that the homeowner should take reasonable steps to minimize their losses. Jurors will be instructed on considering whether the homeowner made reasonable efforts to mitigate any damages incurred as a result of the wrongful foreclosure, and whether any reduction in damages should be applied accordingly. 6. Nominal Damages: In some cases where the homeowner did not suffer significant financial losses or emotional distress due to the wrongful foreclosure, the court may instruct the jury to consider awarding nominal damages. Nominal damages are symbolic in nature and are awarded to acknowledge that a legal right has been violated, even if substantial damages are not proven. It's important to note that the specific instructions provided to the jury will depend on the facts and circumstances of each case. These instructions aim to ensure that the jury has a clear understanding of the different types of damages available and how they should be considered when determining compensation for the homeowner in a Hawaii wrongful foreclosure case.
