CACI No. 4920

[Name of plaintiff] claims that [name of defendant] wrongly foreclosed on

[name of plaintiff]’s [home/ specify other real property]. In order to

establish a wrongful foreclosure, [name of plaintiff] must prove all of the

following:

1. That [name of defendant] caused a foreclosure sale of [name of

plaintiff]’s [home/ specify other real property] under a power of sale

in a [mortgage/deed of trust];

2. That this sale was wrongful because [specify reason(s) supporting

illegality, fraud, or willful oppression];

3. That [name of plaintiff] [tendered all amounts that were due under

the loan secured by the [mortgage/deed of trust], but [name of

defendant] refused the tender]/[was excused from tendering all

amounts that were due under loan secured by the [mortgage/deed

of trust]];

4. [That [name of plaintiff] was not materially in breach of any other

condition and had not failed to perform any other material

requirement of the loan agreement that would otherwise justify

the foreclosure;]

5. That [name of plaintiff] was harmed; and

6. That [name of defendant]’s actions were a substantial factor in

causing [name of plaintiff]’s harm.

New May 2020