Rau v. PNC Bank CA2/2
A bank denied a homeowner’s application to modify the payment schedule for the second loan on his house, finding him financially ineligible on the basis of information supplied in a credit report. The homeowner then presented the bank with documentation to prove that the credit report was wrong. It took the bank another two years to reject the homeowner’s request to reconsider its initial denial, and it did so on the ground that the borrower had already received a modification and the bank’s policy was only to grant one modification per loan. The homeowner sued, and the trial court sustained a demurrer without leave to amend to the homeowner’s claims for negligent processing of his loan modification application, for unfair competition, and for negligent misrepresentation. Accepting the facts in the homeowner’s complaint as true (as we must), we conclude that the homeowner has stated a claim for negligence and unfair competition; he has not stated a claim for negligent mis
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