In Wienart v GMAC Mortgage Corp, No. 08-CV-14482 (ED Mich, Sept 29, 2009) the Eastern District of Michigan held that emotional distress damages are permitted under the Real Estate Settlement Procedures Act (RESPA).  In Wienart, the mortgagor sued her mortgagee for violating RESPA by, among other things, taking unearned fees and reporting overdue payments to a credit agency after plaintiff had sent a written request for information on the status of her mortgage.  In addition to her actual damages, mortgagor sought emotional damages under RESPA, 12 USC 2605(f)(1)(A) (“Whoever fails to comply with any provision of this section shall be liable . . . .”)  Mortgagee argued that emotional damages are only permitted for violations of section 26059(e)(3) (reporting negative payment information during the 60-day period after receiving qualified written request).  However, the court found that emotional damages are part of the “actual damages” portion of 12 USC 2605(f).  Therefore, recovery for emotional distress damages is available under section 2605(f) of RESPA.