Cenatiempo v. Bank of America, N.A.

Summary

The court held that the plaintiffs adequately pleaded a CUTPA claim based on allegations that the loan servicer systematically delayed, misrepresented, and mishandled their loan-modification applications in ways contrary to established mortgage-servicing policies. The court held, however, that the lender-servicer relationship did not create a common-law duty of care supporting negligence liability, and that the plaintiffs had not distinctly preserved a negligence per se theory. The judgment was therefore reversed as to CUTPA and affirmed as to negligence.