California Court of Appeal
Sheen v. Wells Fargo Bank, N.A., 289003
Affirmed. Plaintiff, a homeowner, attempted a mortgage loan modification with Defendant, but when Plaintiff fell behind in payments, Defendant foreclosed. Plaintiff sued for negligence. The trial court sustained Defendant’s demurrer on the grounds that no tort duty is owed on contracts. The appeals court held that a lender does not owe a borrower a duty to offer, consider, or approve a loan modification.
Appellate Information
- Published 2019/08/05
Judges
- Wiley
Court
- California Court of Appeal