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Oct 22, 2017 · However, “ [u]nder Texas law, a mortgage lender or servicer generally does not owe a fiduciary duty to a borrower.” Plaintiff has failed to allege extraordinary circumstances …
By: Jeremy Burke1 Beyond good faith, there are at least two distinct categories of duty that a financial institution lender might have to a customer borrower: fiduciary duty (a breach of which …
In a typical lender-borrower relationship, the lender owes the borrower no fiduciary duty. 1 However, this general rule is set aside when the lender knowingly undertakes to act on behalf …
Apr 29, 2021 · But no claim for breach of fiduciary duty was actually asserted by the plaintiff in that case and the court’s opinion thus did not find that any such duty existed. It does not appear …
A claim that excessive control gives rise to a fiduciary duty must be alleged with sufficient particularity. A court interpreted Oregon law to require an affirmative agreement or legal …
Apr 17, 2024 · Other Delaware cases suggest that lenders need to avoid “stacking” no more controls than necessary and be mindful of how much control they exercise. Turning to New …
If a lender exercises excessive control over a borrower’s business, the lender may face potential lender liability exposure under either a control or instrumentality theory of lender liability. A …
A fiduciary relationship generally arises when one party places confidence in another, resulting in the lat-ter party exercising superiority and influence over the former.19 A lender may owe a …
Apr 11, 2024 · Fiduciary duty may be implied in certain “special circumstances where a lender (i) takes on “extra services” for the borrower, (ii) receives greater economic benefit from a typical …
Feb 7, 2022 · When a lender exercises improper control over a borrower’s affairs, fiduciary duties may be imputed on a lender and expose the lender to liability for acting in its own interest.
Mar 29, 2022 · Sometimes, too much control exercised by a lender over a borrower can generate causes of action in tort. Normally, a lender-borrower relationship is not that of a fiduciary.
But by permitting a collateral attack on the judgment as a sanction to discourage fraudulent concealment [260 Cal. App. 2d 587] of community assets, our courts have implicitly regarded …
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