In Re Dwight C. And Dinah F. Lundell, Debtors. Dwight C. Lundell Dinah F. Lundell, Debtors-Appellants v. Citibank (Arizona)

92 F.3d 1192 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re Dwight C. and Dinah F. LUNDELL, Debtors. Dwight C. LUNDELL; Dinah F. Lundell, Debtors-Appellants, v. CITIBANK (ARIZONA), Appellee. No. 95-15056. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1996. * Decided July 26, 1996. Before: WOOD, JR., ** CANBY, and RYMER, Circuit Judges. 1 MEMORANDUM *** 2 Dwight and Dinah Lundell appeal the district court's affirmance of the bankruptcy court's grant of summary judgment in favor of Citibank regarding its proof of claim. We have jurisdiction pursuant to 28 U.S.C. § 158 (d), and affirm. FACTS 3 Citibank is the owner and holder of a $300,000 Promissory Note executed in 1988 by Dwight C. Lundell, M.D. ("Dr. Lundell"). This Note, signed by Dr. Lundell alone, was secured by a Deed of Trust executed by both Dr. Lundell and Dinah F. Lundell ("Mrs. Lundell"), his wife. The Deed was recorded against real property owned by the Lundells in Maricopa County,…