Bob D. Whiteside Lenore H. Whiteside v. United States

KOZINSKI, Circuit Judge:

We review an order dismissing Mr. and Mrs. Whiteside’s complaint which charged the United States with wrongfully levying on their property.

Facts

On April 29, 1980, the Whitesides lent $45,000 to another couple, Heert and Linda DeWindt. The loan was secured by a deed of trust on a property the DeWindts owned in San Bernardino, California. The trust deed was duly recorded in San Bernardino County on August 15, 1980.

In 1983, the DeWindts developed financial problems. In April of that year, the Whitesides recorded a notice of default against the property. In October, the…