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Texas Supreme Court Holds That Contractual Clauses That Waive The Statute Of Limitations May Be Enforceable

By David Fowler Johnson on June 18, 2019
Posted in Cases Decided, Texas Supreme Court

In Godoy v. Wells Fargo Bank, N.A., a bank sued a guarantor to recover on a deficiency following a foreclosure sale. No. 18-0071, 2019 Tex. LEXIS 443 (Tex. May 10, 2019). The defendant guarantor alleged that any such claim was barred by the two-year statute of limitations. The lender…

Federal Courts Hold That Lenders Do Not Generally Owe Fiduciary Duties To Borrowers

By David Fowler Johnson on October 22, 2017
Posted in Items of Interest

In Hagood v. Countrywide Home Loans, Inc., a borrower sued a lender for several claims, including breach of fiduciary duties. No. A-17-CA-00784-SS, 2017 U.S. Dist. LEXIS 165943 (W. D. Tex. October 6, 2017). The defendant filed a motion to dismiss for failure to state a claim, and the district…

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The Fiduciary Litigator provides important legal news, updates on recently decided and pending case precedent, and commentary to directors, officers, managers, in-house counsel, and other legal officers who serve the financial services industry.

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