May 12, 2022 Default Servicing
Over the past decade, California courts (both State and Federal) have struggled with the question of whether, and to what extent, a lender or loan servicer could be liable for negligence handling a borrower’s loan. Nowhere has this struggle been more aggressive than in connection with loan modifications. The California Supreme Court, in a hotly contested case (for which Wright, Finlay & Zak was pleased to submit an amicus brief on behalf of several industry groups) has just resolved that struggle in favor of the lenders and servicers.
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