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There has been a recent trend in Texas litigation of borrowers
asserting claims or counterclaims against their lenders for breach
of fiduciary duty. The first thing that a plaintiff has to
establish in such a claim is that the lender actually owed it a
fiduciary duty-a serious legal relationship that only arises in
certain defined circumstances. So under what circumstances does a
lender owe such a duty to its borrowers?
The law, at first glance, would appear to be straightforward. Texas courts have held that the relationship between a