Legal Opinion

Smith v. Federal Deposit Insurance

Court of Appeals for the Eleventh Circuit

Decided August 28, 1995No. 93-4686PublishedCited by 11 opinions

1Opinion of the Court

CLARK, Senior Circuit Judge:

Grady Smith appeals from the district court’s grant of summary judgment in favor of the Federal Deposit Insurance Corporation (“FDIC”) in Smith’s quiet title action. Smith had foreclosed his second mortgage on property on which the FDIC had a first mortgage. Smith bought in the property subject to the FDIC mortgage. The district court concluded that the FDIC’s first mortgage on property remained a prior claim to the property, since the FDIC asserted its foreclosure counterclaim before the governing statute of limitations had run. Among the issues presented, we…

2Cases cited30 opinions

  1. O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994
  2. Sapp v. WarnerSupreme Court of Florida · 1932
  3. Campbell v. WernerDistrict Court of Appeal of Florida · 1970
  4. Kreiss Potassium Phosphate Co. v. KnightSupreme Court of Florida · 1929
  5. United States v. Hilario R. Alvarado, Madel SocorroCourt of Appeals for the Eleventh Circuit · 1993

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3Cited by11 opinions

  1. Fed. Hous. Fin. Agency, Home Loan Mortg. Corp. v. LN Mgmt. LLCDistrict Court, D. Nevada · 2019
  2. M&T Bank v. Sfr Investments Pool 1, LLCCourt of Appeals for the Ninth Circuit · 2020
  3. Mukamal v. Lima (In Re All Star Mortgage Financial Corp.)United States Bankruptcy Court, S.D. Florida. · 2009
  4. Smith v. Federal Deposit Insurance CorporationCourt of Appeals for the Third Circuit · 1995
  5. Deutsche Bank Trust Company Americas, Etc. v. BeauvaisDistrict Court of Appeal of Florida · 2016

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