· 4/21/1994
Matagorda County v. Russell Law
Citations
- 19 F.3d 215
- 73 A.F.T.R.2d (RIA) 1775
- 1994 U.S. App. LEXIS 8259
- 1994 WL 112863
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a tax lien cannot be foreclosed so as to extinguish the FDIC’s interest in the property unless the FDIC consents
- stating that it need not rely on FDIC’s Tax Policy Statement because statute’s language is unambiguous
- noting that the definition of “property” is governed by federal law, and holding that the FDIC’s lien interest in a property was “property of the [FDIC]” under FIRREA’s nearly identical foreclosure bar
- looking to property's value as of the time of the district court's judgment in assessing whether federal lien could be preserved
- rejecting premise that “property” of the FDIC under FIRREA’s foreclosure bar should be defined by state law
- state tax lien could not be foreclosed under FIRREA without consent of FDIC
Source: CourtListener parenthetical corpus (CC0).
Judges: Politz, Higginbotham, Pickering
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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