Orange Federal Savings & Loan Ass'n v. Dykes

ON MOTION FOR REHEARING

COBB, Judge.

Pursuant to a timely motion for rehearing,1 we hereby withdraw our previous opinion filed on April 20, 1983, and substitute this opinion in its stead. That opinion was predicated upon the erroneous premise that the mortgage sought to be foreclosed by the plaintiff-appellant, Orange Federal Savings and Loan Association, “was executed after the banking regulation of the de *643la Cuesta2 case became effective.. . . ” In point of fact, the mortgage was executed on July 30,1976, one day prior to the effective date of the regulation.

Foreclosure in the instant case…