Legal Alerts/Details

California Supreme Court Weighs In on Negligence Claims Related to Mortgage Loan Modifications

March 21, 2022
  1. Nymark v. Heart Fed. Savings & Loan Assn. 231 Cal.App.3d 1089. 1096. (1991)
  2. Jolley v. Chase Home Finance, LLC, 213 Cal. App. 4th 872 (2013).
  3. 49 Cal. 2d 647, 650 (1958).
  4. The Biakanja factors are six nonexhaustive factors: (1) the extent to which the transaction was intended to affect the plaintiff, (2) the foreseeability of harm to the plaintiff, (3) the degree of certainty that the plaintiff suffered injury, (4) the closeness of the connection between the defendant's conduct and the injury suffered, (5) the moral blame attached to the defendant's conduct, and (6) the policy of preventing future harm. See, Jolley, 213 Cal. App. 4th at 899.
  5. Lueras v. BAC Home Loans Servicing, LP, 221 Cal. App. 4th 49 (2013).
  6. Id. at 67.
  7. 2022 WL 664722 (Cal. 2022).
  8. Sheen, *1.

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