Caprock Investment Corp. v. Federal Deposit Insurance Corp.

ON MOTION FOR REHEARING

Elton Montgomery complains of Caprock Investment Corp.’s failure to produce Schedule “A,” a document listing the assets transferred from FDIC-R to FDIC-C. We note that the capacity in which the FDIC transfers assets (FDIC-R or FDIC-C) does not affect the relevant chain of title which gives the FDIC status as holder of the asset. See Federal Deposit Insurance Corporation v. Patel, 46 F.3d 482 (5th Cir.1995); Bosque Asset Corp. v. Greenberg, 19 S.W.3d 514 (Tex.App.—Eastland 2000, rehearing filed).

In his motion for rehearing, Montgomery also contends that the parties…