In what circumstances will a bank be considered a "silent lender" in its dealings with a borrower during loan modification negotiations?
California, United States of America
The following excerpt is from Jolley v. Chase Home Fin., LLC, A134019 (Cal. App. 2013):
Similarly, Robinson v. Bank of America (N.D. Cal. May 29, 2012 No. 12-CV-00494-RMW) 2012 U.S. Dist. Lexis 74212, p. *21, decided on a motion to dismiss, held that a bank went beyond its role as a "silent" lender in its dealings with plaintiff during loan modification negotiations. There, the bank was "alleged to have executed and breached the modification agreement, then engaged in a series of
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