- 3 - annum in excess of the aforementioned interest rate; and (4) in the event petitioner defaults and the bank institutes a suit to collect on the note, the bank shall be entitled to recover as attorney’s fees 15 percent of the unpaid principal and interest, and costs of suit. During August 1990, the Office of the Comptroller of the Currency declared the bank insolvent and appointed the Federal Deposit Insurance Corporation (FDIC) as its receiver. The FDIC later claimed that petitioner had defaulted under the terms and conditions of the note by failing to repay principal and interest. During January 1994, the FDIC filed suit against petitioner in U.S. District Court. The FDIC complaint alleged that petitioner owed the following amounts with respect to the note: (1) $1,752,384 in principal; (2) $381,934 in prejudgment interest accrued as of February 15, 1993, with interest continuing to accrue at a daily rate of $312 until paid; (3) a late charge of 2 percent per annum on the unpaid principal; and (4) attorney’s fees in the amount of 15 percent of the unpaid balance of the loan.2 The complaint alleged that, except for a $25,000 payment by petitioner in November 1993, none of the above-described amounts had been paid. The complaint also sought costs of suit. 2 All amounts are rounded to the nearest dollar.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007