compensation for pain and suffering if scammed out of home

Brother conned mother to sign over deed to him when she was supposed sign it over
to me since I was primary resident. He then took out a second mortgage out on my
home ?then disappear leaving me to responsible for it or lose the house as the
case maybe I end up losing the home to foreclosure. I discovered he resurfaced
recently to reconcile with his wife. Is it possible to sue him for pain and
suffering, mental stress, and emotional trauma of losing my family due to losing
my home??

Asked on December 20, 2018 under Real Estate Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Compensation for pain and suffering requires a documented injury with medical treatment. 
If you receive medical treatment for stress, you may have a claim, but it would be a weak case for negligent infliction of emotional distress.
A better course of action would be to sue your brother for fraud and seek punitive damages, which are a substantial amount to punish his intentional wrongful acts.


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