Can I sue the mortgage company for prventing me from selling my property?

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Can I sue the mortgage company for prventing me from selling my property?

About 2 1/2 years ago, I was 3 payments behind on my mortgage. I had been attempting to sell the property and had a for sale sign in the yard. The bank took down my for sale sign and changed the locks. I was able to gain access to the property through the garage which had been left unsecured, changed the lock back and put the for sale sign back in the yard. I began cleaning the property, but the following day the sign was back down and the locks had been changed, preventing me from accessing the property.

Asked on August 23, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are current or not current with respect to the monthly mortgage payments on your real property, the secured lender has no right to interfere with your attempts to sell your property. What you have written about is an unfair business practice warranting a potential lawsuit. I suggest that you consult with a real estate attorney to see what your legal recourse is.


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