Federal Deposit Ins. Corp. v. Tidwell

1 Federal Savings and Loan Insurance Corporation as Receiver for Homestead Savings and Loan Association of Woodward sued to foreclose its mortgage on properties owned by the Tidwells and other defendants. The Tidwells pled estoppel, waiver, and laches as affirmative defenses. FSLIC moved for summary judgment. The trial court granted the motion, stating that it granted judgment "in rem", and determined the amount due on each note, together with interest and attorney fees. In its order the court ordered the property sold and further said "all issues of in personam liability (to include claims, counterclaims, and defenses) if any, of all the defendants are hereby specifically reserved for hearing upon hearing of Plaintiffs Motion for Deficiency Judgment." The Tidwells appealed.