PATTERSON v. FEDERAL DEPOSIT INS. CORP.

No. 89-1773.

918 F.2d 540 (1990)

Jeanne PATTERSON, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 6, 1990.


Attorney(s) appearing for the Case

Raymond A. Connell, Healy & Baillie, New York City, for plaintiff-appellant.

Gregory E. Gore, F.D.I.C., Washington, D.C., Robert E. Hoblit, F.D.I.C., Midland, Tex., for defendant-appellee.

Before RUBIN, POLITZ, and BARKSDALE, Circuit Judges.


BARKSDALE, Circuit Judge:

This appeal concerns primarily whether 12 U.S.C. § 1823(e) precludes Patterson from offering evidence in support of her homestead claim as a defense against foreclosure by the Federal Deposit Insurance Corporation (FDIC) when: (1) her homestead claim is not based on an agreement, but instead arises under the Texas Constitution and statutes exempting its citizens from forced sale of their homesteads; but (2) the evidence offered is, in...

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