The D'Oench Doctrine of "Common-Law Equitable Estoppel" and 12 U.S.C. § 1823(e): Reinterpreting the Federal Policy Designed to Protect Bank Regulators to the Detriment of Innocent Borrowers

Authors

Christopher Picciano, Maurice A. Deane School of Law at Hofstra University

Abstract

The article focuses on D'Oench doctrine is a doctrine of common-law equitable estoppel born out of the U.S. Supreme Court's 1942 holding in D'Oench, Duhme & Co. v. FDIC. It mentions presumption in favor of the FDIC that the documents in the records of the bank on the date of insolvency and bank committed fraud against an innocent borrower. It also mentions borrower must have "participated in the misrepresentation" of the bank's assets, on which the FDIC must have reasonably relied.

Recommended Citation

Picciano, Christopher (2022) "The D'Oench Doctrine of "Common-Law Equitable Estoppel" and 12 U.S.C. § 1823(e): Reinterpreting the Federal Policy Designed to Protect Bank Regulators to the Detriment of Innocent Borrowers," Hofstra Law Review: Vol. 50: Iss. 3, Article 9.
Available at: https://scholarlycommons.law.hofstra.edu/hlr/vol50/iss3/9