Judge Holds Lender Owed Borrower A Duty Of Care, Refuses To Dismiss Claims

Mealey's (March 29, 2019, 2:01 PM EDT) -- SACRAMENTO, Calif. — In an opinion filed March 27, a California federal judge refused to dismiss a borrower’s claims for breach of contract, intentional and negligent infliction of emotional distress and slander of title, holding that she showed that a loan modification agreement existed between her and a bank and that the lender owed her a duty of care that it may have breached by refusing to accept her payments (Denise Wallace v. Nationstar Mortgage LLC, et al., No. 2:18-cv-02768, E.D. Calif., 2019 U.S. Dist. LEXIS 52182)....