C&C Investment Properties, L.L.C. v. Trustmark National Bank

GREGG COSTA, Circuit Judge:

At the height of the savings & loan crisis, we considered a number of cases involving the D’Oench, Duhme doctrine. See, e.g., Resolution Trust Corp. v. Murray, 935 F.2d 89 (5th Cir. 1991); Fed. Sav. & Loan Ins. Corp. v. Cribbs, 918 F.2d 557 (5th Cir. 1990); Fed. Sav. & Loan Ins. Corp. v. Murray, 853 F.2d 1251 (5th Cir. 1988). That doctrine, which originated in the federal common law and is now codified at 12 U.S.C. § 1823(e), prevents borrowers from relying on oral agreements they allegedly had with a failed bank to defend against collection efforts of a federal…