Magazine article American Banker

Florida Bank Wins Case against RTC over CD Ownership

Magazine article American Banker

Florida Bank Wins Case against RTC over CD Ownership

Article excerpt

A community bank in Florida, rebounding from a 1992 loss in trial court, recently prevailed in its fight to reclaim and cash a $100,000 certificate that was nearly lost in a thrift resolution.

It was issued in 1989 by the Bank of Winter Park, which had requested the underlying deposit in return for an unsecured loan of $300,000.

Bank of Winter Park
At a Glance
Headquarters       Winter Park, Fla.
Founded            1989
President
and CEO            Joseph E. Regner
Assets             $48.3 million
ROA                0.51%
Loans/             74%
deposits
Offices            2
Employees          26
Data is for 1993

A second condition of the loan required the borrowers -- the president and CEO of the former American Pioneer Bank and his partners -- to keep the CD assigned to the bank. It was not until the thrift failed, however, that Winter Park learned that its terms had not been honored.

That was in May 1990, and what followed was a tug-of-war between the bank and the Resolution Trust Corp. Though the dollar amount involved is insignificant when weighed against other thrift resolutions, it was significant to $58 million-asset Winter Park. The bank was paying a 12% rate on the CD, and its potential exposure had reached $150,000 by the time the dispute was finally put to rest.

"It would have been quite a big hit for a bank our size," says Winter Park's president and CEO, Joseph E. Regner Jr., who adds that cashing in the CD enabled the bank to take the $300,000 loan off its books.

That became possible on April 11, when the Resolution Trust Corp. …

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