William C. Davidson v. Federal Deposit Insurance Corporation as Receiver for United Bank of Texas, Defendant-Intervenor-Appellee , 44 F.3d 246 ( 1995 )

HEAD, District Judge,

dissenting:

Even though I think our opinion is correct under the law, plaintiff should be given an opportunity for remand. At the time Davidson bought the property, there may have been no indication in the Deed Records of Travis County, Texas, that the bank had failed and that the FDIC had succeeded to its interests on the Bird note and deed of trust. Without that notice in the record title, Davidson bought property without notice of the claim of another. If the government wants to take advantage of extended limitations, I see no reason why it cannot record its interest to protect third parties.

This issue was not tried below nor argued before us. If there is something we have overlooked, I would like Davidson to have his day in court.