can I sue for loss of property and pain and suffering?

UPDATED: Oct 1, 2022

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can I sue for loss of property and pain and suffering?

My brother coerce my mother into signing the deed to his name when it was
already arranged to be sign over to me because I will be the primary resident of
my home He then took out a second mortgage on the property then ultimately
disappeared leaving me to be forced to repay the loan or be forced out of my
home Now I since lost my home due to I was unable to repay hie loan He used the
money to purchase his own home at my expense which resulted me losing
everything including my family now I suffer from depression and anxiety because
of it

Asked on September 14, 2018 under Real Estate Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot. Whether it was "arranged" or not, your mother had the right to sign the deed over to your brother if it was still in her name, not yours. You had no right to the property unless it had already been put in your name (deeded or titled to you). Therefore, since you had no right to the property, there is no lawsuit you can bring over it--it would be like trying to sue your neighbor because he once mentioned he'd sell you his car but instead gave it to your daughter. Clearly, in this hypothetical, he could do this and you could do nothing about his decision to give the car to his daughter instead of selling to you. The same principal applies here. When you don't have a right to something, there is no lawsuit available to you over its transfer to another person.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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