How Mortgage Duty Of Care Opinion May Affect Calif. Tort Law

By Jarrett Osborne-Revis (March 31, 2022, 7:18 PM EDT) -- Recently, in Kwang Sheen v. Wells Fargo Bank NA, the California Supreme Court confronted a recurring issue in California courts: California borrowers seeking additional protection in the mortgage modification field despite the "extensive body of state and federal legislation."[1]

These borrowers urged California courts to recognize that lenders and loan servicers owe some common law duties of care after undertaking a review of a borrower's loan modification application. Years of foreclosure litigation addressing this issue divided California and federal courts, leaving lenders and loan servicers at risk for future litigation in pursuing their nonjudicial foreclosure remedies.[2]

One line of cases, starting with...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!