CAP Holdings, Incorporated v. Kathleen Lorden, et

E. GRADY JOLLY, Circuit Judge:

In 1990, property encumbered by a deed of trust held by the .Resolution Trust Company (“RTC”) was foreclosed upon' and sold to a third party in a tax sale, purportedly extinguishing the RTC’s lien. Two years ago, Plaintiff CAP Holdings, Inc. — the alleged current holder of the deed of trust — sued the current owners of the property seeking a declaration that the foreclosure and resulting sale were void for violating 12 U.S.C. § 1825(b)(2), which prohibits “property of the” RTC from being foreclosed upon or sold “without the consent of’ the RTC. 1 The district…