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Lender Fails to Perform under Loan Modification Agreement Resulting in Wrongful Foreclosure.

Posted on: August 20, 2016

In the case of Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal. App. 4th 394, the Court of Appeal reversed the trial court’s dismissal of the borrower’s claims against the loan servicer claiming breach of contract, fraud, and negligent misrepresentation.

The appeals Court also held that although the borrower lost no equity, the measure of damages (Civ. Code § 3333) for the tort of wrongful foreclosure also includes proximately caused damages such as moving expenses, lost rental income, damage to credit, and emotional distress.

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