Cummins v. Morita, et al. (No. 2007-CA-002101-MR & No. 2008-CA-000212-MR, KY Court of Appeals 2010)
A borrower obtained a mortgage loan and subsequently complained that he had been under a belief he was dealing with a specific lender. The borrower further claimed the mortgage broker who handled the transaction made misrepresentations about the loan. The borrower alleged over a dozen causes of action against the mortgage broker yet was satisfied with the underlying mortgage and terms. The case was promoted by the mortgage broker’s former employer and the plaintiffs were apparently represented for free by counsel connected to the former employer. MGM defended the mortgage broker and the trial court entered a summary judgment in favor of the mortgage broker on all claims which was affirmed on appeal by the Kentucky Court of Appeals.
Mortgage broker/fraudulent inducement/employment at will/duty of disclosure/impact of execution of contract
