- 5 - principal amount of the Bank loan petitioners owed to Moncor Bank. Moncor Bank apparently received a total of $200,537 in installment payments from purchasers of cabin lots. On August 30, 1985, the U.S. Comptroller of the Currency declared Moncor Bank insolvent, and the Federal Deposit Insurance Corporation (FDIC) became the receiver of Moncor Bank. By letter dated September 2, 1985, the FDIC informed petitioners of Moncor Bank's insolvency and advised petitioners to make payments on the Bank loan to the FDIC as receiver of Moncor Bank. The FDIC refused to accept any further assignment from petitioners of cabin lot sales contracts as repayment on the Bank loan and ordered petitioners to suspend sales of cabin lots. Petitioners complied with the FDIC's suspension order and did not sell any more cabin lots, but petitioners did not make any subsequent payments on the Bank loan. In September of 1985, petitioners filed a lawsuit against the FDIC for breach of contract, contesting their liability to the FDIC for the $799,463 principal amount allegedly due on the Bank loan ($1 million less $200,537 in actual payments received by Moncor Bank equals $799,463) and seeking to require the FDIC to accept assignment of cabin lot installment sales contracts as payment on the Bank loan pursuant to petitioners' agreement with Moncor Bank. On December 19, 1988, petitioners and the FDIC settled their dispute over petitioners' remaining liability on the Bank loanPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011