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.
Maryland Instruction to Jury Regarding Damages for Wrongful Foreclosure is a legal guideline provided to jurors in Maryland courts during trials involving wrongful foreclosure cases. It aims to ensure that jurors understand the various types of damages that may be awarded to the plaintiff if the foreclosure is deemed wrongful. There are several types of Maryland Instruction to Jury Regarding Damages for Wrongful Foreclosure, including: 1. Compensatory Damages: This refers to the amount of money awarded to the plaintiff to compensate for their actual losses resulting from the wrongful foreclosure. It may include the value of the property lost, economic damages such as lost wages or business income, and emotional distress suffered by the plaintiff. 2. Punitive Damages: In certain cases, if the defendant's actions are found to be particularly egregious or done with malicious intent, the jury may award punitive or exemplary damages. These damages aim to punish the defendant and deter similar behavior in the future. 3. Lost Profits: If the plaintiff can demonstrate that they have suffered from a loss of profits due to the wrongful foreclosure, the jury may award damages based on the estimated amount of lost profits. 4. Emotional Distress Damages: If the wrongful foreclosure has caused the plaintiff significant emotional distress, such as anxiety, depression, or humiliation, the jury may award damages to compensate for these non-economic losses. 5. Attorney's Fees and Costs: Under certain circumstances, the plaintiff may be entitled to recover their attorney's fees and litigation costs if they prevail in the wrongful foreclosure case. This is to ensure that the plaintiff is not financially burdened by the lawsuit. 6. Nominal Damages: In cases where the plaintiff has not suffered actual monetary harm but can prove that their rights were violated, the jury may award nominal damages, which are symbolic in nature to recognize the wrongdoing. It is essential for jurors to understand and apply these instructions appropriately to determine the appropriate damages to be awarded in a wrongful foreclosure case in Maryland.Maryland Instruction to Jury Regarding Damages for Wrongful Foreclosure is a legal guideline provided to jurors in Maryland courts during trials involving wrongful foreclosure cases. It aims to ensure that jurors understand the various types of damages that may be awarded to the plaintiff if the foreclosure is deemed wrongful. There are several types of Maryland Instruction to Jury Regarding Damages for Wrongful Foreclosure, including: 1. Compensatory Damages: This refers to the amount of money awarded to the plaintiff to compensate for their actual losses resulting from the wrongful foreclosure. It may include the value of the property lost, economic damages such as lost wages or business income, and emotional distress suffered by the plaintiff. 2. Punitive Damages: In certain cases, if the defendant's actions are found to be particularly egregious or done with malicious intent, the jury may award punitive or exemplary damages. These damages aim to punish the defendant and deter similar behavior in the future. 3. Lost Profits: If the plaintiff can demonstrate that they have suffered from a loss of profits due to the wrongful foreclosure, the jury may award damages based on the estimated amount of lost profits. 4. Emotional Distress Damages: If the wrongful foreclosure has caused the plaintiff significant emotional distress, such as anxiety, depression, or humiliation, the jury may award damages to compensate for these non-economic losses. 5. Attorney's Fees and Costs: Under certain circumstances, the plaintiff may be entitled to recover their attorney's fees and litigation costs if they prevail in the wrongful foreclosure case. This is to ensure that the plaintiff is not financially burdened by the lawsuit. 6. Nominal Damages: In cases where the plaintiff has not suffered actual monetary harm but can prove that their rights were violated, the jury may award nominal damages, which are symbolic in nature to recognize the wrongdoing. It is essential for jurors to understand and apply these instructions appropriately to determine the appropriate damages to be awarded in a wrongful foreclosure case in Maryland.
