In JTREO, Inc. v. Hightower & Assocs., the buyer of a note and mortgage sued the attorney for the lender who facilitated the transaction by loaning money to the buyer for breach of fiduciary duty arising from the fact that there was no mortgage title policy endorsement as represented in the transaction. No. 03-19-00255-CV 2020 Tex. App. LEXIS 4523 (Tex. App.—Austin June 18, 2020, no pet. history). The attorney filed a no-evidence motion for summary judgment, alleging that he did not owe a fiduciary duty.
Continue Reading Attorney For Lender Did Not Owe Any Fiduciary Duties To Borrower As An Escrow Agent

In Alexander O&G, LLC v. Nomad Land & Energy Res., LLC, Nomad entered into a Purchase and Sale Agreement (“PSA”) with Alexander O&G, LLC (“AOG”) for the sale of oil and gas interests. No. H-16-2065, 2017 U.S. Dist. LEXIS 130415 (S.D. Tex. August 16, 2017). The PSA provided that AOG would deposit earnest money