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LASSITER v. RESOLUTION TRUST CORP.

No. 91-685.

610 So.2d 531 (1992)

M.E. LASSITER and Donna Marie Lassiter, his wife, Appellants, v. RESOLUTION TRUST CORPORATION, etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 11, 1993.

Attorney(s) appearing for the Case

Sam Baxter Bardwell, Titusville, for appellants.

Catherine Gouze, Tampa, and Ann S. Duross, Colleen B. Bombardier, Edward J. O'Meara, Jaclyn C. Taner, and Sheila Kraft Budoff, Washington, DC, for appellee Resolution Trust Corp.

W. SHARP, Judge.

The Lassiters appeal from a final summary judgment of mortgage foreclosure in favor of the Resolution Trust Corporation as conservator for Florida Federal Savings. They argue that the summary judgment was improper because the RTC failed to negate their affirmative defenses of fraud, failure of consideration and setoff. The RTC contends that the Lassiters' defenses are barred by the D'Oench1 doctrine, 12 U.S.C. ...

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