T.H. Inc. v. 6218 Investors

REAVLEY, Circuit Judge:

Plaintiffs T.H., Inc. and Edwin T. McBir-ney, III appeal the district court’s grant of summary judgment in favor of defendant Resolution Trust Corporation (the “RTC”), as receiver for Sunbelt Federal Savings, FSB (“Sunbelt”). We reverse the grant of summary judgment and remand to the district court for remand to the state courts of Texas.

BACKGROUND

This suit involves real property known as 6218 Raintree Court, Dallas, Texas (the “Property”). On April 2, 1985, the Property was conveyed to 6218 Investors, Ltd. (“Investors”). Investors executed a deed of trust in favor of…