Judges and juries have often awarded parties to a lawsuit with vast sums of money if they have suffered pain and suffering. Numerous cases appear in the media with a corporation being penalized with these damages, which can run into the millions of hundreds of millions of dollars.
The financial ability of the party who must pay damages for pain and suffering will, of course, be taken into account. This means that, if homeowners have been severely and flagrantly taken advantage of by their lender, the lender may be forced to pay many thousands of dollars more to the owners of the property than the mortgage is even worth.
Although homeowners who are defending a foreclosure lawsuit or initiating one to stop a nonjudicial foreclosure will have to prove in other ways why the lawsuit is invalid and should not be allowed to continue, it may be in their best interests to ask for monetary damages for pain and suffering if they have been taken advantage of.
Especially if some sort of fraud, predatory lending, or servicing abuse has been committed, courts may look more favorably on a request for damages for pain and suffering. Claiming this because foreclosure notice requirements have not been complied with may be more difficult for borrowers to show.
In any case, it may be best for homeowners to consult with an attorney to find out more about how damages for pain and suffering may be included in their lawsuit, if applicable.