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SMITH v. HOME LOAN FUNDING, INC.

No. B219372.

192 Cal.App.4th 1331 (2011)

TONYA SMITH, Plaintiff and Respondent, v. HOME LOAN FUNDING, INC., et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Six.

February 24, 2011.

Attorney(s) appearing for the Case

Horvitz & Levy, Bradley S. Pauley, James A. Sonne, Wolfe & Wyman and Stuart B. Wolfe for Defendants and Appellants.

Law Office of Jeff A. Mann and Jeff A. Mann for Plaintiff and Respondent.

OPINION

GILBERT, J.—

The mortgage lender who also acts as a mortgage broker must keep in mind the differences between the two when speaking to a prospective client. A mortgage broker has a fiduciary duty to a borrower. A mortgage lender does not. This case teaches that a mortgage lender should take care not to convey to a prospective client that it is acting as a broker when in fact it is acting as a lender.

A mortgage broker...

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