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AKAR v. FEDERAL NAT. MORTG. ASS'N

Civil Action No. 10-10539-NMG.

845 F.Supp.2d 381 (2012)

Sabah AKAR, Sawusan I. Akar, T.F., a minor child by her mother and next friend Sawusan I. Akar, N.F., a minor child by her mother and next friend, Sawusan I. Akar, Plaintiffs, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION a/k/a Fannie Mae, Wells Fargo Bank, N.A., Harmon Law Offices, P.C., Northeast Abstract Services, Inc. and Hammond Residential Real Estate, LLC, Defendants.

United States District Court, D. Massachusetts.

February 8, 2012.

Attorney(s) appearing for the Case

Peter T. Clark , Law Offices of Peter T. Clark, P.C., Mansfield, MA, for Plaintiff.

Patrick T. Clendenen , Morgan T. Nickerson Nelson Mullins Riley & Scarborough, LLP, Christopher P. Maffucci , Casner & Edwards, LLP, Boston, MA, Christine A. Murphy , Marcus, Errico, Emmer & Brooks, P.C., Braintree, MA, Nathalie K. Salomon , Harmon Law Offices, P.C., Needham, MA, for Defendant.

MEMORANDUM & ORDER

GORTON, District Judge.

The Reports and Recommendations from Magistrate Judge Judith G. Dein are thorough and in almost every respect persuasive. The Court, however, declines to accept her conclusion that defendant Wells Fargo, N.A. ("Wells Fargo") can be held liable for intentional infliction of emotional distress ("IIED") for its foreclosure of the mortgage on plaintiffs' residence.1

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