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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116702
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Can I sue a bank that listed a property in the paper as

Customer Question

Can I sue a bank that listed a property in the paper as being auctioned off because of foreclosure that carried no mortgage ? My sister's house was being foreclosed on and my mother had 3 separate properties that had been free and clear of any mortgage for years close to my sister's property. The bank listed my mother's property as being auctioned off along with my sister's property in the paper.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they improperly listed the property, but did not actually foreclose on the wrong property, in order to sue them you would have to prove your mother suffered some actual money damage as a result of their mistake. If you cannot prove she suffered money damage as a result of their mistake, because damages is an essential element you must prove in any civil case you could not sue.