Jack and Kathryn Benson v. United States Small Business Administration

PREGERSON, Circuit Judge:

Jack and Kathryn Benson appeal the district court’s dismissal of defendant Wells Fargo Bank for lack of subject matter jurisdiction, and grant of summary judgment in favor of defendant SBA. Appellate jurisdiction is proper under 28 U.S.C. § 1291.

The Bensons signed a promissory note for and personally guaranteed a loan of $150,-000 from Wells Fargo Bank. They secured the loan with a second deed of trust on their real property. The SBA guaranteed the loan. A default occurred. The SBA paid Wells Fargo; Wells Fargo assigned the note to the SBA; and the SBA notified the…