RESOLUTION TRUST CORP. v. TITAN FINANCIAL CORP.

Nos. 92-15419, 92-16194.

22 F.3d 923 (1994)

RESOLUTION TRUST CORPORATION as Conservator for Occidental Nebraska Savings Bank, F.S.B., Plaintiff-Appellant, v. TITAN FINANCIAL CORPORATION, a California corporation; Frances Pikush; Gilbert Sellan, Defendants-Appellees. RESOLUTION TRUST CORPORATION as Conservator for Occidental Nebraska Savings Bank, F.S.B., Plaintiff-Appellant, v. TITAN FINANCIAL CORPORATION, a California corporation; Gilbert Sellan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 25, 1994.

Order Amending Opinion on Denial of Rehearing and Suggestion for Rehearing June 15, 1994.


Attorney(s) appearing for the Case

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

Philip J. Dabney, Haney & McBride, Las Vegas, NV and Frances Pikush, Encinatas, CA, for defendants-appellees.

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


Order Amending Opinion on Denial of Rehearing and Suggestion for Rehearing En Banc June 15, 1994.

WILLIAM A. NORRIS, Circuit Judge:

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...

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