Vargo

FACTS AND PROCEDURAL BACKGROUND

According to the second amended complaint, Pauline L. Lasswell, plaintiff’s mother, obtained a reverse mortgage loan (loan) from FFA in 2008, secured by her residence (property). At the time of the loan, Lasswell held title to the residence in her capacity as “Trustee of the Pauline S. Lasswell Trust” (trust). Plaintiff and Lasswell were co-trustees of the trust. The following year, the probate court appointed Charles Kimery and Lee Ann Hitchman as temporary conservators over Lasswell and her estate. The court later appointed Hitchman as Lasswell’s private conservator. Becker is Hitchman’s attorney. Subsequently, Lasswell’s health began failing and Hitchman moved her into an assisted living facility. In February 2010, Hitchman, on Lasswell’s behalf, requested to draw over $87,000 from FFA for Lasswell’s care and medical treatment, which FFA paid out. Lasswell died the next year, causing the loan to mature. When the loan was not repaid by Lasswell’s estate, FFA foreclosed on the property. Plaintiff sued FFA and Becker, along with Hitchman and Kimery (who are not parties to this appeal). The second amended complaint alleged causes of action for

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