If it started out wrongfully you would let the court decide I did not see the complaint attached.
"A tort action for damages for wrongful foreclosure lies against a mortgagee only when the mortgagee had no right to foreclose at the time foreclosure proceedings were commenced. Peterson v. Kansas City Life Ins. Co., 339 Mo. 700, 98 S.W.2d 770, 773-75 (1936); Moore v. Moore, 544 S.W.2d 279, 282 (Mo.App.1976); Spires v. Lawless, 493 S.W.2d 65, 72 (Mo.App.1973). If there is a right to foreclose, there can be no tort cause of action for wrongful foreclosure. Peterson, 98 S.W.2d at 773-74; see also Abrams v. Lakewood Park Cemetery Ass'n, 355 Mo. 313, 196 S.W.2d 278, 285-86 (1946); Petring v. Kuhs, 350 Mo. 1197, 171 S.W.2d 635, 639 (1943); Loeb v. Dowling, 349 Mo. 674, 162 S.W.2d 875, 877 (1942). A plaintiff seeking damages in a wrongful foreclosure action must plead and prove that when the foreclosure proceeding was begun, there was no default on its part that would give rise to a right to foreclose. Loeb, 162 S.W.2d at 877; Peterson, 98 S.W.2d at 773; Spires, 493 S.W.2d at 70. A plaintiff must “plead and prove such compliance with the terms of the deed of trust as would avoid lawful foreclosure.” Spires, 493 S.W.2d at 71. See also Robert H. Dierker and Richard J. Mehan, Personal Injury and Torts Handbook, 34 Missouri Practice section 55.7 (2007).
When a foreclosure is wrongful because no default giving rise to a right to sell exists, the mortgagor has two remedies: it can let the sale stand and sue at law for damages or it can bring an equitable action to have it set aside. Peterson, 98 S.W.2d at 775. If the mortgagee did have the right to foreclose, but the sale was otherwise void or voidable, then the remedy is a suit in equity to set the sale aside. Id." http://caselaw.findlaw.com/mo-court-of-appeals/1077824.html
Let me provide the State Bar Lawyer Referral Service. One moment please.