Mitigation of Damages

Posted by kevin on January 19, 2012 under Foreclosure Blog | Comments are off for this article

This post is geared more for the lawyers; however, we invite all interested readers to follow.

From Contracts I, we learn that a wronged party to a contract is obligated to mitigate damages.  This is black letter law.  How can it apply to foreclosure defense?  Well, I have some ideas which, at least in New Jersey, are untested.  However, when the spigot opens and the lenders start their new wave of foreclosures, I will be testing the theory.

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