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PAYNE v. FEDERAL LAND BANK OF COLUMBIA

No. 89-1028.

916 F.2d 179 (1990)

Robert Haven PAYNE, Plaintiff-Appellant, v. FEDERAL LAND BANK OF COLUMBIA, Defendant-Appellee, Mountain Federal Land Bank Association; Mountain Farm Credit Services; Maxie Love, Jr., in his capacity as President of the Federal Land Bank of Columbia; Edwin E. Frizzell, in his capacity of Executive Vice President and Chief Credit Manager of the Mountain Farm Credit Services, Defendants, United Farmers Organization, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1990.

Rehearing and Rehearing Denied November 9, 1990.

Attorney(s) appearing for the Case

Charles David Gantt, Asheville, N.C., for plaintiff-appellant.

Steven Kropelnicki, Jr., Carter & Kropelnicki, P.A., Asheville, N.C., for defendant-appellee.

Before WIDENER and SPROUSE, Circuit Judges, and KELLAM, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing En Banc Denied November 9, 1990.

WIDENER, Circuit Judge:

Robert Haven Payne, appellant, is a farmer in Madison County, North Carolina. He purchased property in 1969 and mortgaged it to Federal Land Bank of Columbia to secure a loan. He defaulted on the loan and the bank foreclosed on the property. The bank bought the property at the foreclosure sale on December 3, 1987.

On April 21, 1988, the bank sent Payne a certified letter...

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