No borrower-lender fiduciary relationship

January 8, 2019

“In sum, the record in this case reveals a long-standing and cordial business relationship in which Reaves considered Talley ‘a trusted advisor and friend.’ However, the ‘mere fact that one party to a relationship subjectively trusts the other does not indicate the existence of a fiduciary relationship.'” That conclusion was reinforced because the borrower signed a forbearance agreement in which she acknowledged that the relationship in question “is solely that of debtor and creditor,” among other matters. PlainsCapitalBank v. Reaves, No. 05-17-01184-CV (Dec. 17, 2018) (mem. op.) (citations omitted).