How have the courts dealt with the issue of fraudulent mortgage applications?
California, United States of America
The following excerpt is from Brooks v. Pinnacle Fin. Corp., B252060 (Cal. App. 2015):
To slightly paraphrase the court in Shuster v. BAC Home Loans Servicing, LP (2012) 211 Cal.App.4th 505, "[w]e are mindful that foreclosures are a far too frequent occurrence in today's difficult financial times. But the hardship must not become a haven for those who, as here, do not appear to make any good faith effort to resolve the issue but, instead, seek shelter in [meritless legal theories concerning] acts that neither misled nor prejudiced them." (Id. at p. 513 [affirming dismissal without leave to amend because borrowers failed to allege tender for claims alleging foreclosure irregularities].)
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The judgment is affirmed. The parties are to bear their own costs on appeal.
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