Legal Question in Personal Injury in Michigan

Have I been defamed?

My husband lost work in February and after not being able to find other work, he accepted a job out of state. We placed our house up for sale, but the market has been really bad and finally we got desperate enough to ask the bank if they'd be willing to buy the house from us. They said they would consider a deed in lieu. I was very against foreclosure and they kept telling me that it was not a foreclosure so we proceded with the paper work. I just found out that they have listed our house as bank foreclosed. I am so upset and confused and very embarrassed that our family, friends, and neighbors are seeing this and thinking the worst of us. Do they have a right to list our house as foreclosure even for selling purposed (at the cost of our reputation)? Do we have any legal recourse? I feel like we have been either purposely mislead or our character is being unfairly blemished.


Asked on 10/22/06, 7:11 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Have I been defamed?

I do not think it would be successful as a defamation case. You were behind. I think that in this day of economic difficulties, that a jury would not feel that your personal reputation was impinged by saying that your house was foreclosed upon because it does not involve any moral issues. It just simply means that you were behind and the bank took your house back using a legal process. Maybe you'd have some technical violation if the deal not to call it a foreclosure was in writing. The bank would say that they simply meant that you would forego your rights under the laws of foreclosure and save additional expense. William S. Stern

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Answered on 10/23/06, 7:59 am


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