Ok so maybe it wasn’t Fraud they (the lender) Misrepresented the loan to me

21 May

Cause of Action for Negligent Misrepresentation – “The
elements of negligent misrepresentation are (1) the misrepresentation
of a past or existing material fact, (2) without reasonable ground for
believing it to be true, (3) with intent to induce another’s reliance
on the fact misrepresented, (4) justifiable reliance on the
misrepresentation, and (5) resulting damage.  While there is some
conflict in the case law discussing the precise degree of
particularity required in the pleading of a claim for negligent
misrepresentation, there is a consensus that the causal elements,
particularly the allegations of reliance, must be specifically
pleaded.”  National Union Fire Ins. Co. of Pittsburgh, PA v. Cambridge
Integrated Services Group, Inc., 171 Cal. App. 4th 35, 50 (2009)
(citations and quotations omitted).

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2 Responses to “Ok so maybe it wasn’t Fraud they (the lender) Misrepresented the loan to me”

  1. Mary Cochrane May 22, 2011 at 10:21 pm #

    Timmothy are you placing spin in the public domain? Are you an REO BROKER who will benefit as a SPECIAL SERVICER? Enhanced Broker?

    Intent of ‘Wells Fargo Bank NA LENDER’ on a ‘mortgage’ and not recording the deed in accordance with statutory state requirements indeed to allow third party to take possession of property in larcenous manner to defraud investors while retaining beneficiary of interest and instructing others to not follow the law, and the ponzi scheme not possible without the bank not recording the deed… the intent to collapse the economy … surely your joking

    • timothymccandless May 23, 2011 at 6:24 am #

      No I’m a lawyer who has to plead all the elements of fraud in order to have a case against the lender this description of fraud is from a judge I face in Orange County California. If the Judge is putting a spin on Fraud then so be it

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