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California Court of Appeal

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Smith v. Home Loan Funding, B219372

In a tort action, judgment for breach of fiduciary duty and misrepresentation against a mortgage lender who acted as a mortgage broker is affirmed where mortgage lender led plaintiff to belief that it was a also broker. However, court eliminates damages awarded for a prepayment penalty, as such damages are inconsistent with an award of damages based on an interest differential over the 30-year term of the mortgage loan.

Appellate Information

  • Decided 02/24/2011
  • Published 02/24/2011




  • California Court of Appeal


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