Legal Opinion
Sheen v. Wells Fargo Bank, N.A.
California Court of Appeal, 5th District
Decided August 5, 2019No. B289003PublishedCited by 13 opinions
1Opinion of the CourtWiley, J.
*347Homeowners in mortgage trouble may try to negotiate a better deal. If mortgage modification negotiations fail and the borrower falls behind, the lender may foreclose, sell the house, and evict the homeowner. In a nutshell, this happened to borrower Kwang Sheen with his lender Wells Fargo Bank, N.A. (Wells). Sheen sued Wells in tort for negligent mortgage *348modification and other claims. The trial court sustained Wells's demurrer, partly because Wells did not owe Sheen a duty in tort during contract negotiation.
The issue of whether a tort duty exists for mortgage modification has divided…
2Cases cited29 opinions
- Rowland v. ChristianCalifornia Supreme Court · 1968
- Wigod v. Wells Fargo Bank, N.A.Court of Appeals for the Seventh Circuit · 2012
- Biakanja v. IrvingCalifornia Supreme Court · 1958
- Nymark v. Heart Federal Savings & Loan Ass'nCalifornia Court of Appeal · 1991
- Lueras v. BAC Home Loans Servicing, LPCalifornia Court of Appeal · 2013
24 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Beatty v. PHH Mortgage CorporationDistrict Court, N.D. California · 2019
- Beier v. Bank of America, J.A. CA4/3California Court of Appeal · 2021
- Bundick v. Penny Mac Loan Services CA3California Court of Appeal · 2021
- Foyer v. Wells Fargo, NA.District Court, S.D. California · 2020
- Glen Matthews v. Specialized Loan Servicing, LLCDistrict Court, C.D. California · 2020
8 more not listed; retrieve them via the Exa API.