Mitigation of Damages
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.