Seare v. Bank of New York Mellon Ex Rel. Certificateholders of the CWALT, Inc.

U.S. Court of Appeals for the Ninth Circuit
Seare v. Bank of New York Mellon Ex Rel. Certificateholders of the CWALT, Inc., 704 F. App'x 692 (9th Cir. 2017)

Seare v. Bank of New York Mellon Ex Rel. Certificateholders of the CWALT, Inc.

Opinion

MEMORANDUM **

• Wayne A. Seare and Marinette Tedoco appeal pro se from the district court’s judgment dismissing their action related to foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal under Fed. R. Civ. P. 12(b)(6). Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th Cir. 2011). We affirm.

The district court properly dismissed plaintiffs’ wrongful foreclosure claims because plaintiffs failed to allege facts sufficient to show that defendants failed to comply with Nevada law. See Nev. Rev. Stat. § 107.080 (setting forth requirements of a trustee sale under Nevada law); see also Edelstein v. Bank of N.Y. Mellon, 286 P.3d 249, 258 (Nev. 2012) (en banc) (explaining that under Nevada law, Mortgage Electronic Registration System, Inc. may properly act as beneficiary of a trust deed, and an entity has authority to pursue foreclosure when it is entitled to enforce both the deed of trust and the note).

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
Wayne A. SEARE; Marinette Tedoco, Plaintiffs-Appellants, v. BANK OF NEW YORK MELLON, FKA Bank of New York, ON BEHALF OF TRUSTEE FOR the CERTIFICATE-HOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2007-18CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-18CB; Et Al., Defendants-Appellees
Status
Unpublished