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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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