Gaines v. Kelly

In this appeal from a no-evidence summary judgment, we must determine whether representations, allegedly made by a mortgage broker that a loan would be funded, may be attributed to a lender for purposes of a borrower’s fraud claim against that lender. The court of appeals, with one justice dissenting, concluded that there was evidence that the mortgage broker had apparent authority to speak for the lender on this subject and, accordingly, reversed the trial court’s summary judgment in the lender’s favor. 181 S.W.3d 394. We, however, agree with the trial court’s summary judgment because there…