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McDONALD v. ONEWEST BANK, F.S.B.

No. 11-1071.

680 F.3d 1264 (2012)

Bruce C. McDONALD, an individual, Plaintiff-Appellant, v. ONEWEST BANK, F.S.B.; John and Jane Does, 1-100 inclusive; ABC Corporations, entities of unknown form, 1-20 inclusive, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 11, 2012.

Attorney(s) appearing for the Case

Gary Fielder , Arvada, CO, for Plaintiff-Appellant.

Victoria Edwards (and Justin D. Balser of Akerman Senterfitt, L.L.P., on the brief), Denver, CO, for Defendants-Appellees.

Before KELLY, Circuit Judge, BRORBY, Senior Circuit Judge, and O'BRIEN, Circuit Judge.

PAUL KELLY, JR., Circuit Judge.

Background

Plaintiff-Appellant, Bruce McDonald, took out a $198,000 loan ("Note") secured by a deed of trust on Colorado real property in favor of the lender, IndyMac Bank. Mr. McDonald made payments on the loan from its 2003 inception until April 2009, including while IndyMac was operated in receivership by the Federal Deposit Insurance Corporation ("FDIC"). According to the Complaint, the trouble began when the FDIC...

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