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RESOLUTION TRUST CORP. v. KEMP

Nos. 91-1162, 91-1653.

951 F.2d 657 (1992)

RESOLUTION TRUST CORPORATION, as Receiver for Chisholm Federal Savings and Loan Association and as Conservator for Chisholm Federal Savings Association, Plaintiff-Appellee, v. Carl Lee KEMP, Dena Lee Kemp, Robert Roberts, Mary Roberts, Unified Mortgage Company, Jerry Wayne Baese, Jennie Faye Baese, Kraft Employees Credit Union, Defendants-Appellants, and Commonwealth Land Title Insurance Company and Fidelity National Title Insurance Company of Texas, Appellants. CHISHOLM FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff-Appellee, v. Carl Lee KEMP, et al., Defendants, Robert Roberts, Mary Roberts, Unified Mortgage Company, Jerry Wayne Baese, Jennie Faye Baese, Kraft Employees Credit Union, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 28, 1992.

Attorney(s) appearing for the Case

Susan J. Foster, Larry F. Amerine, Biggers, Beasley, Amerine & Earle, Dallas, Tex., for defendants-appellants.

W. Ralph Canada, Jr., Daena G. Ramsey, Hopkins & Sutter, Dallas, Tex., for plaintiffs-appellees.

Before GOLDBERG, SMITH, and DUHÉ, Circuit Judges.

GOLDBERG, Circuit Judge:

This case concerns the integrity of the public records system in Texas. We decide three property law issues: first, whether recordation of a partial release provision in a subordination agreement between two lenders entitled the third-party Appellants to enforce the release provision and thus preclude judicial foreclosure; second, whether the existence or disposition of litigation between the two lenders regarding the superiority of their...

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