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RESOLUTION TRUST CORP. v. TITAN FINANCIAL CORP.

Nos. 92-15419, 92-16194.

36 F.3d 891 (1994)

RESOLUTION TRUST CORPORATION AS RECEIVER FOR OCCIDENTAL NEBRASKA SAVINGS BANK, F.S.B., Plaintiff-Appellant, v. TITAN FINANCIAL CORPORATION, a California Corporation; Frances Pikush, Defendants, and Gilbert Sellan, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 4, 1994.

Attorney(s) appearing for the Case

Gilda R. Turitz and Eric Stein, Graham & James, San Francisco, CA, for plaintiff-appellant.

Philip J. Dabney, Haney & McBride, Las Vegas, NV, for defendant-appellee.

Before: CHOY, D.W. NELSON, and NORRIS, Circuit Judges.

PER CURIAM:

Appellee Gilbert Sellan was a personal guarantor of a promissory note secured by a deed of trust. When the principal debtor defaulted on the note, the property was foreclosed in a nonjudicial sale. The Resolution Trust Corporation ("RTC") sued Sellan, seeking a deficiency judgment for the difference between the amount realized at the sale and the amount due on the promissory note. The district court granted summary judgment for Sellan, and, on appeal,...

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