Do I have a lawsuit against my sons bank?

UPDATED: Oct 1, 2022

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Do I have a lawsuit against my sons bank?

My son has his home financed through a
local bank. The bank was foreclosing on
him. The bank posted my home in the
newspaper for auction instead of his. I
found out the day before the auction and
the only way I got the auction stopped
was by pleading directly to the
auctioneer. I tried to tell the bank
they had the wrong home up for auction
and they basically said I was lying. I
own my home and certainly didnt need my
information posted in the local paper.
Any help would be appreciated.

Asked on January 24, 2018 under Real Estate Law, Kentucky


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

Answered 4 years ago | Contributor

You can sue the bank for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable bank would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit) should include emotional distress for almost losing your home due to the bank's negligence and having information about your home erroneously posted in the local newspaper.  Your damages should also include any costs you incurred caused by the bank's negligence. 

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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