Rodriguez v. Levin

FERGUSON, Judge.

Rodriguez, an attorney, appeals from an order dismissing his complaint against Lev-in for breach of a fiduciary duty. The trial court held that the complaint failed to state a cause of action. We reverse.

In 1980, Rodriguez financed a real estate purchase with a loan from Centrust Bank and secured the loan with a mortgage on the purchased property. Rodriguez later sold the property with an understanding with the new owner that the new owner would make the mortgage payments. When the new owner defaulted, the note was accelerated and mortgage foreclosure proceedings instituted…