Whitney National Bank v. Demarest

KING, Circuit Judge:

This case is an action to rank competing liens between Whitney National Bank (“Whitney”) and the Resolution Trust Corporation (“RTC”), as receiver (formerly conservator) of Fountainebleau Federal Savings Bank (“Fountainebleau”). Whitney appeals from a summary judgment by the district court holding that the promissory note held by Whitney had prescribed, thus extinguishing its accessory vendor’s lien. We find that summary judgment was appropriately granted, and therefore affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

First Homestead Savings…