F.D.I.C. v. Avery

74 F.3d 1245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. FEDERAL DEPOSIT INSURANCE CORPORATION, As Receiver For Mission Viejo National Bank, Plaintiff-Counter-Defendant-Appellee, v. Herbert B. AVERY; Maunaloa T. Avery, Defendants-Counter-Claimants-Appellees. No. 94-55602. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1995. Decided Jan. 11, 1996. 1 Before: SCHROEDER, FERGUSON, and O'SCANNLAIN Circuit Judges. 2 MEMORANDUM * 3 Dr. Herbert and Maunaloa Avery appeal pro se the district court's judgment in favor of the plaintiff, the Federal Deposit Insurance Corporation. The FDIC, as receiver for Mission Viejo National Bank, brought an action to foreclose upon a deed of trust on the Averys' residence and commercial property, which provided the security for a $900,000 bank loan to the Averys. The district court entered judgment ordering that the FDIC recover the loan principal with interest, late charges, attorneys' fees, and costs. The court…