Legal Question in Civil Litigation in California
My next door neighbor has two extremely high paying jobs. His wife is collleg educated and maintains a well paying job as well. They have no kids. They vacation extremely well two months out of every year, don't skim and don't sacrifice anything for their life style and luxury.
They maintain a 700 a month BMW convertible and so on. They have told me that because they are upside down on their house and the weather is better in San Diego where they plan to move(and for no other reason), they have decided to short sell and are in the process of doing so now.
Can they be held liable for negligence to me and my wife who haven't taken a vacation in almost five years and struggle to make the mortgage every month, but do so, so that we can enjoy the pleasures of living in a nice house?
5 Answers from Attorneys
So your plan is to file a frivolous lawsuit and hope you get some money, because you are not as wealthy?
You don't have a cause of action for negligence against them unless they failed to exercise some duty of care that caused you personal injury.
Your's is a gripe not a intelligent question.
No. You can't successfully sue someone just because they made you envious and resentful, whether they did it honestly or not.
The fact that they are willing to take the hit of a short sale to get out from under a bad investment, while you scrimp and pinch to afford a house that has more mortgatge on it than it is worth illustrates exactly why they are wealthy and you are not. The public should be able to sue people like you who made the housing bubble what it is by paying more than they can afford for houses with far less real value than they paid. At least your neighbors are doing the honest thing and getting the house back on the market at its real value. You're the one who is being negligent.
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