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.
Contra Costa California is a county located in the state of California, United States. It is part of the San Francisco Bay Area and covers a diverse range of cities and communities, such as Antioch, Concord, Richmond, Walnut Creek, and more. "Instruction to Jury Regarding Damages for Wrongful Foreclosure" is a legal directive given to jurors in a court case related to the unlawful seizure of a property. When a homeowner's property is wrongfully foreclosed upon, they may be entitled to financial compensation for the damages suffered as a result. The specific types of Contra Costa California Instructions to Jury Regarding Damages for Wrongful Foreclosure may vary depending on the circumstances and details of the case. Here are a few possible instructions that could be given: 1. Actual Damages: This instruction informs the jury to consider the actual financial losses incurred by the homeowner due to the wrongful foreclosure. It may include the difference between the fair market value of the property and the amount the property was sold for in the foreclosure sale, as well as the costs associated with relocating or finding alternative housing. 2. Emotional Distress: This instruction guides the jury to assess damages for the emotional distress suffered by the homeowner as a result of the wrongful foreclosure. Emotional distress may include anxiety, depression, humiliation, or loss of enjoyment of life. 3. Punitive Damages: In certain cases, this instruction may outline the possibility of awarding punitive damages. Punitive damages aim to punish the party responsible for the wrongful foreclosure and deter others from engaging in similar conduct. They are typically awarded when the defendant's actions are found to be willful, malicious, or fraudulent. 4. Legal Costs and Attorney Fees: This instruction instructs the jury to consider awarding the homeowner compensation for the attorney fees and legal costs incurred during the wrongful foreclosure case. These costs can include court filing fees, deposition charges, expert witness fees, and other expenses associated with pursuing legal action. It is important to note that the specific instructions given to a jury regarding damages for wrongful foreclosure may vary depending on the particular circumstances of the case and the judge's discretion. Legal professionals in Contra Costa California can provide further guidance and tailor the instructions according to the specific facts of the lawsuit.
