Can You Sue Money Damages for Voiding An Illegal Foreclosure ?
In Green Oaks, Ltd. v. Cannan, 749 S.W.2d 128, 131 (Tex. App.--San Antonio 1987) the plaintiff sought to void an illegal foreclosure and to recover monetary damages caused as a result of the foreclosure. 749 S.W.2d at 129.
The plaintiff was successful in having the foreclosure declared void. See id.
The defendant contended that by voiding the sale the plaintiff had elected his remedy and was precluded from seeking money damages. See Green Oaks, 749 S.W.2d at 131.
The court held that no election of remedies was required because there was no inconsistency between allowing a plaintiff to recover a title taken wrongfully and for the damages suffered while the property was wrongfully withheld. See id.