Mortgage Lending: 5.11.2 Remedies for Violation of Duty of Good Faith
As the duty of good faith is an implied contract term, most jurisdictions allow a contract claim for violation of this duty.509 Tort liability may require a showing of some special relationship, beyond that of lender and customer, such as special circumstances giving rise to a fiduciary or quasi-fiduciary relationship or other indicia of a heightened duty.510