California Court of Appeal

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

Judges

• GILBERT

Court

• California Court of Appeal

Counsel