California Court of Appeal

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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

  • Decided
  • Published 2019/08/05

Judges

  • Wiley

Court

  • California Court of Appeal

Counsel