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West Virginia Instruction to Jury Regarding Damages for Wrongful Foreclosure

Category:
Civil Procedure - Jury Instructions - Foreclosures
State:
Multi-State
Control #:
US-01365BG
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Description

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

Under West Virginia law, "[a] claim of unjust enrichment generally entails the establishment of three elements: (1) a benefit conferred upon the [defendant], (2) an appreciation or knowledge by the defendant of such benefit, and (3) the acceptance or retention by the defendant of the benefit under such circumstances as ...

If Defendant obtained an advantage that he otherwise would not have, such as trade secrets stolen from Plaintiff, then Defendant was unjustly enriched.

(a) A lawful occupant within a home or other place of residence is justified in using reasonable and proportionate force, including deadly force, against an intruder or attacker to prevent a forcible entry into the home or residence or to terminate the intruder's or attacker's unlawful entry if the occupant reasonably ...

In any action where any party seeks to impute fault to another, the court shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, on the issue of imputed fault.

Unjust enrichment occurs when Party A confers a benefit upon Party B without Party A receiving the proper restitution required by law. This typically occurs in a contractual agreement when Party A fulfills his/her part of the agreement and Party B does not fulfill his/her part of the agreement.

Unjust enrichment is an equitable cause of action not governed by any statute of limitations in West Virginia (Dunn, 689 S.E.2d at 266-67).

The elements of unjust enrichment exist if: 1) you provided something of value to the defendant; 2) the defendant acknowledged, accepted and benefitted from what you provided; and 3) it would be inequitable for the defendant to enjoy the benefit you provided without compensating you.

Under West Virginia law, compensatory damages compensate a plaintiff for the harms and losses he or she suffered because of another's tortious conduct (typically, negligence). For example, a person injured in a car accident by a negligent driver is the plaintiff.

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