[DOWNLOAD] "Resolution Trust Corp. v. Love" by United States Court of Appeals for the Tenth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Resolution Trust Corp. v. Love
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 26, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
ROSZKOWSKI, Senior District Judge This is an appeal from a Summary Judgment granted in favor of Plaintiff-Appellee, Resolution
Trust Corporation (RTC), in a suit for deficiency judgment against Defendant-Appellant, William Kimbrough Love. On appeal,
Love raises two arguments: 1) the RTC is not entitled to recover on the note because it cannot produce the original; and 2)
affirmative defenses do not require administrative exhaustion under FIRREA. For the reasons that follow, we hold that production
of the original note is not essential and affirmative defenses do not require administrative exhaustion under FIRREA. On February 5, 1985, Defendant Love executed and delivered to First Guaranty Savings and Loan Association an Installment
Note and Security Agreement for $200,000.00. The note was due and payable on or before February 1, 1988. To secure payment
of the note, Love mortgaged to First Guaranty Savings and Loan Association of Gillette, Wyoming, two parcels of land in Sheridan
County, Wyoming. The mortgage was recorded on February 14, 1985.