Merrill Lynch Mortgage Capital, Inc. v. Federal Deposit Insurance

MEMORANDUM OPINION

KENNEDY, District Judge.

Plaintiff, Merrill Lynch Mortgage Capital, Inc. (“Merrill”), brings this action against defendant, Federal Deposit Insurance Corporation (“FDIC”), as receiver for Superior Bank, FSB (“Superior”), alleging that it wrongfully seized funds from an account to which plaintiff had legal title. In the alternative, plaintiff alleges that defendant, as receiver, wrongly applied an offset to plaintiffs uninsured deposit claim, reducing its value. Plaintiff brings the present action pursuant to 12 U.S.C. § 1821(d)(6), which provides for judicial review of…