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DEERA HOMES, INC. v. METROBANK FOR SAV., FSB

No. CV 92-4099.

812 F.Supp. 375 (1993)

DEERA HOMES, INC., Plaintiff, v. METROBANK FOR SAVINGS, FSB, f/k/a Morsemers Federal Savings Bank and Resolution Trust Corporation as receiver for Metrobank for Savings, FSB, Defendants.

United States District Court, E.D. New York.

February 11, 1993.

Attorney(s) appearing for the Case

James C. Schultz, Hauppauge, NY, for plaintiff.

Whitman & Ransom by John P. Langan, New York City, for defendants.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Deera Homes, Inc. ("Deera Homes"), plaintiff in the above-referenced action, seeks to declare as void a mortgage and note executed by Metrobank for Savings ("Metrobank") in the principal amount of $3,500,000, claiming that Metrobank purposefully, deliberately, and fraudulently failed to adhere to a schedule of payments on the loan. The Resolution Trust Company ("RTC" or "defendant"), receiver for Metrobank, moves...

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