Does the tender rule apply to a borrower seeking a loan modification?

The purpose of seeking a loan modification is to avoid a foreclosure despite the borrower's inability to comply with the terms of the original loan. "It would be contradictory to require the borrower to tender the amount due on the original loan in such circumstances. Moreover, the purpose of the tender rule is to dismiss suits at an early stage, where, despite any irregularities in the lender's foreclosure activities, the borrower will ultimately have to pay the amount due on the loan, but cannot do so. Such suits are essentially futile. This is not such a case, as a loan modification is an alternative to foreclosure that does not require the borrower to pay pursuant to the terms of the original loan. Accordingly, the tender rule does not apply . . . ." (Majd v. Bank of America, N.A. (2015) 243 Cal.App.4th 1293, 1306.)