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Court rejects emotional distress claims in foreclosure lawsuit

The court held that the trial court properly rejected the plaintiff's foreclosure-related and emotional distress claims, and granted summary disposition to defendants. Plaintiff sued defendant seeking to set aside defendant's foreclosure of his property, and for emotional distress. During the proceedings, defendant rescinded the foreclosure, expunged the sheriff's deed, reinstated plaintiff's mortgage, and contacted credit-rating agencies and asked them to remove reference to the foreclosure sale from plaintiff's credit reports. However, plaintiff did not dismiss the suit. The trial court then granted summary disposition for defendant, finding that the foreclosure-related claims were moot, and that he failed to provide any evidence to sustain his claim of emotional distress. After plaintiff did not make payments under a loan modification proposal, defendant again foreclosed, and plaintiff again filed suit, this time alleging that defendant violated MCL 600.3205a and 600.3205c during the second foreclosure proceeding. The trial court granted summary disposition for defendant, finding that plaintiff failed to show fraud or irregularity in the second foreclosure proceeding. On appeal, the court rejected plaintiff's argument that defendant violated the foreclosure by advertisement statutes. "As defendants essentially granted the relief plaintiff requested in his 2011 lawsuit (when they rescinded the first foreclosure) and followed the mandates of MCL 600.3205a and 600.3205c at all times relevant to these proceedings (during both the rescinded 2011 foreclosure, and the 2012 foreclosure at issue in plaintiff's 2012 action), the trial court correctly rejected plaintiff's foreclosure-related claims." The court also rejected plaintiff's argument that "defendants' conduct after he breached a contract" entitled him to damages for emotional distress. "Defendants' conduct was hardly 'outrageous' - in fact, it adhered to its statutory responsibilities under MCL 600.3201 et seq. when it sought to foreclose the property by advertisement. Further, Michigan courts and federal courts applying Michigan law have repeatedly held that plaintiffs may not claim emotional distress in foreclosure actions." Affirmed.

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