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The California Supreme Court Rules that Lenders Have No General Tort Duty to Process, Review, and Respond to a Borrower’s Application for a Loan Modification

By Ashley R. Fickel & Cory Webster on March 8, 2022
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Yesterday, in Sheen v. Wells Fargo (S258019), the California Supreme Court resolved an important issue for the mortgage servicing industry. The court unanimously held that lenders owe no tort duty to process, review, and respond to a borrower’s loan modification application.

For almost a decade, California courts have been split over whether lenders and loan servicers owe a general tort duty to process, review, and respond to an application for a loan modification. Some borrowers have succeeded in alleging a negligence claim, even when the loan servicer did not breach the loan agreement or violate borrower-protection statutes.

The court’s decision is a big win for mortgage servicers.

Although this decision should not cause mortgage servicers to change their loan modification policies and procedures, it should go a long way toward preventing borrowers’ counsel from expanding the scope of their claims in the event of litigation.

While the state high court usually has the last word, there may be more to come on this issue. Both the majority opinion and Justice Liu’s concurring opinion suggest that the issue is ripe for legislative consideration. We’ll be monitoring legislative developments on this topic.

For more information about this decision, please contact Ashley Fickel (afickel@dykema.com or 213-457-1758), Cory Webster (cwebster@dykema.com or 213-457-1745), or your Dykema relationship attorney.

Photo of Ashley R. Fickel Ashley R. Fickel

Ashley R. Fickel represents clients with respect to privacy-related issues, including defense of cases brought under the Telephone Consumer Protection Act (TCPA) and consultation regarding privacy issues captured in the Graham Leach Bliley Act (GLBA). He also represents financial institutions with respect to…

Ashley R. Fickel represents clients with respect to privacy-related issues, including defense of cases brought under the Telephone Consumer Protection Act (TCPA) and consultation regarding privacy issues captured in the Graham Leach Bliley Act (GLBA). He also represents financial institutions with respect to counsel and advice regarding the California Consumer Privacy Act (CCPA).

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Photo of Cory Webster Cory Webster

As a former judicial law clerk for both trial and appellate courts, Cory Webster knows how to persuade judges. Clients call on him to win appeals and key trial motions in complex commercial litigation. Cory frequently drafts appellate briefs in the California Court…

As a former judicial law clerk for both trial and appellate courts, Cory Webster knows how to persuade judges. Clients call on him to win appeals and key trial motions in complex commercial litigation. Cory frequently drafts appellate briefs in the California Court of Appeal, California Supreme Court, and the Ninth Circuit, as well as post-trial motions and letter briefs to appellate courts. He advises clients and trial counsel on appellate options after adverse non-dispositive rulings, and he prepares and defends against writ petitions in appellate courts.

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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    NextGen Financial Services Report
  • Organization:
    Dykema
  • Article: View Original Source

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