· 9/10/1990
Federal Deposit Insurance Corporation, as Receiver of Twin City Savings, Fsa v. Robert L. McCullough and Mary Nan McCullough
Citations
- 911 F.2d 593
- 1990 U.S. App. LEXIS 15736
- 1990 WL 120740
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- suggesting that defendant acted unreasonably under circumstances by not insisting that loan documents reflect inclusion of disputed terms
- suggesting that defendant acted unreasonably under circumstances by not insisting that loan documents reflect inclusion of disputed terms
- explaining that the doctrine “favors the interests of depositors and creditors of a failed bank, who cannot protect themselves from secret agreements, over the interests of borrowers, who can”
- noting defendant's execution of the instruments without formalities of a loan closing as an accommodation to the bank, his failure to examine the instruments at the closing, and his knowledge that speed was essential due to an impending visit by bank examiners
- noting defendant’s execution of the instruments without formalities of a loan closing as an accommodation to the bank, his failure to examine the instruments at the closing, and his knowledge that speed was essential due to an impending visit by bank examiners
- memorandum and letters in bank files referencing alterations to mortgage were insufficient evidence of bank’s obligation to transfer property or oil leases to borrower
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Johnson, Anderson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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