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.
Title: A Comprehensive Overview of New Hampshire Instruction to Jury Regarding Damages for Wrongful Foreclosure Introduction: In the state of New Hampshire, the instruction to the jury regarding damages for wrongful foreclosure is a critical component of a legal proceeding involving foreclosure. This instruction serves to guide the jury in understanding the types of damages that can be awarded to the plaintiff as a result of a wrongful foreclosure. In this article, we aim to provide a detailed description of what constitutes New Hampshire Instruction to Jury Regarding Damages for Wrongful Foreclosure, exploring various types of damages that may be considered by the jury. 1. Compensatory Damages: Compensatory damages are designed to reimburse the plaintiff for any losses incurred as a direct result of the wrongful foreclosure. These damages may include: — Actual damages: This refers to the monetary losses suffered by the plaintiff, such as the actual value of the property wrongfully foreclosed, any related expenses, or lost opportunities. — Emotional distress damages: If the wrongful foreclosure resulted in emotional distress, such as anxiety, depression, or other psychological harm, the jury may award damages to compensate the plaintiff. 2. Punitive Damages: Punitive damages, also known as exemplary damages, are meant to punish the defendant for their wrongful actions and act as a deterrent against similar behavior. In New Hampshire, the jury may award punitive damages in cases where the defendant's conduct is found to be willful, wanton, or malicious. 3. Statutory Damages: Under certain circumstances, New Hampshire statutes may provide for specific damages to be awarded in wrongful foreclosure cases. These statutory damages often have predefined amounts and are based on the specifics of the case, such as the violation of consumer protection laws or foreclosure regulations. 4. Attorney’s Fees and Costs: In some instances, New Hampshire law allows the prevailing party in a wrongful foreclosure case to recover attorney's fees and costs incurred during the legal proceedings. This provision aims to ensure that the party wronged by the foreclosure is not burdened with the financial costs associated with seeking justice. 5. Other Relief and Equitable Damages: Apart from the aforementioned damages, New Hampshire courts may also consider other forms of relief or equitable damages. These can include specific performance (requiring the defendant to fulfill their obligations under the mortgage or loan agreement), rescission (dismissing the foreclosure and restoring the property to the plaintiff), or any other appropriate equitable remedy. Conclusion: New Hampshire Instruction to Jury Regarding Damages for Wrongful Foreclosure encompasses various types of damages that can be awarded to the plaintiff depending on the circumstances of the case. It is crucial for the jury to carefully consider these different types of damages during their deliberation to ensure justice is served and the wronged party is adequately compensated for their losses.Title: A Comprehensive Overview of New Hampshire Instruction to Jury Regarding Damages for Wrongful Foreclosure Introduction: In the state of New Hampshire, the instruction to the jury regarding damages for wrongful foreclosure is a critical component of a legal proceeding involving foreclosure. This instruction serves to guide the jury in understanding the types of damages that can be awarded to the plaintiff as a result of a wrongful foreclosure. In this article, we aim to provide a detailed description of what constitutes New Hampshire Instruction to Jury Regarding Damages for Wrongful Foreclosure, exploring various types of damages that may be considered by the jury. 1. Compensatory Damages: Compensatory damages are designed to reimburse the plaintiff for any losses incurred as a direct result of the wrongful foreclosure. These damages may include: — Actual damages: This refers to the monetary losses suffered by the plaintiff, such as the actual value of the property wrongfully foreclosed, any related expenses, or lost opportunities. — Emotional distress damages: If the wrongful foreclosure resulted in emotional distress, such as anxiety, depression, or other psychological harm, the jury may award damages to compensate the plaintiff. 2. Punitive Damages: Punitive damages, also known as exemplary damages, are meant to punish the defendant for their wrongful actions and act as a deterrent against similar behavior. In New Hampshire, the jury may award punitive damages in cases where the defendant's conduct is found to be willful, wanton, or malicious. 3. Statutory Damages: Under certain circumstances, New Hampshire statutes may provide for specific damages to be awarded in wrongful foreclosure cases. These statutory damages often have predefined amounts and are based on the specifics of the case, such as the violation of consumer protection laws or foreclosure regulations. 4. Attorney’s Fees and Costs: In some instances, New Hampshire law allows the prevailing party in a wrongful foreclosure case to recover attorney's fees and costs incurred during the legal proceedings. This provision aims to ensure that the party wronged by the foreclosure is not burdened with the financial costs associated with seeking justice. 5. Other Relief and Equitable Damages: Apart from the aforementioned damages, New Hampshire courts may also consider other forms of relief or equitable damages. These can include specific performance (requiring the defendant to fulfill their obligations under the mortgage or loan agreement), rescission (dismissing the foreclosure and restoring the property to the plaintiff), or any other appropriate equitable remedy. Conclusion: New Hampshire Instruction to Jury Regarding Damages for Wrongful Foreclosure encompasses various types of damages that can be awarded to the plaintiff depending on the circumstances of the case. It is crucial for the jury to carefully consider these different types of damages during their deliberation to ensure justice is served and the wronged party is adequately compensated for their losses.
