Civil Litigation,
California Courts of Appeal
Aug. 20, 2019
No tort duty of care when reviewing loan modification applications
The 2nd District Court of Appeal recently weighed in on the split among the courts of appeal as to whether a lender owes a tort duty of care in reviewing a borrower’s loan modification application.
Regina McClendon
Managing Partner
Locke Lord LLP
Email: rmcclendon@lockelord.com
Regina is the managing partner of the firm's San Francisco office. She concentrates her practice on class actions, business and commercial litigation, and financial institution litigation.
Lindsey Kress
Associate
Locke Lord LLP
Email: lkress@lockelord.com
Lindsey is an associate in the firm's San Francisco office where she concentrates her practice on defending consumer litigation. She represents clients in state and federal courts throughout California.
The California 2nd District Court of Appeal recently weighed in on the split among the courts of appeal as to whether a lender owes a tort duty of care in reviewing a borrower's loan modification application. Sheen v. Wells Fargo Bank, N.A., 2019 DJDJDAR 7308 (Aug. 5, 2019). The court found no such duty of care, further highlighting the different conclusions ...
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