Comments on: California: Servicer Claims for Mishandling Loan Modifications are Held to be the Obligations of the Lender https://4closurefraud.org/2016/07/18/california-servicer-claims-for-mishandling-loan-modifications-are-held-to-be-the-obligations-of-the-lender/ - Fighting Foreclosure Fraud BY SHARING THE KNOWLEDGE Tue, 02 Dec 2025 18:35:41 +0000 hourly 1 https://wordpress.org/?v=7.0 By: Bruce R Nelson https://4closurefraud.org/2016/07/18/california-servicer-claims-for-mishandling-loan-modifications-are-held-to-be-the-obligations-of-the-lender/#comment-662157 Fri, 22 Jul 2016 20:48:41 +0000 https://4closurefraud.org/?p=64648#comment-662157 Can anyone advise me if OPTION ONE is included in this rats nest. Option Ones antics ultimately led tyo my 44 yr old sons worngful death in 2009

Thanks for any infor

Bruce R Nelson geezerkatz@yahoo.com

]]> By: Randall Stephens https://4closurefraud.org/2016/07/18/california-servicer-claims-for-mishandling-loan-modifications-are-held-to-be-the-obligations-of-the-lender/#comment-661919 Mon, 18 Jul 2016 18:53:53 +0000 https://4closurefraud.org/?p=64648#comment-661919 “What should concern all lender/investors is that the Court in this case allowed claims against the lender/investor for acts of the servicer …”

Lender/investor = principal
Servicer = agent

“A principal is bound by the acts of the agent, whether general or special, within the authority he has actually given him, which includes, not only the precise act which he authorizes him to do, but also whatever usually belong to the doing of it, or is necessary in its performance.” This is from an antique edition, 100 or so years old, of the “American & English Encyclopedia of Law.”

More recent is the 2006 Restatement (Third) of Agency, § 6, expressing the universal law of agency that a principal is bound by the acts of the agent.

The principals should have ALWAYS been concerned in regard to the acts of its agents. Casting this as some new concern is disengenuous. However, this won’t happen effectively until some principals ARE held liable for the misdeeds of its agents.

(This holds for clients, and attorneys, too. A client is bound by the acts, statements, admissions, of its attorneys.)

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