Mortgage Servicing and Loan Modifications: 5.8.5 Intentional Infliction of Emotional Distress
To state a claim for intentional infliction of emotional distress, the homeowner must allege that the defendant’s conduct was extreme and outrageous, that the conduct was intentional or reckless, and that the conduct actually caused severe emotional distress. Extreme and outrageous conduct has often been described as conduct that is so extreme in degree as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community.204