Liu v. Northwest Trustee Services, Inc. ( 2016 )

FILED
NOT FOR PUBLICATION
AUG 03 2016
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RANDY LIU; et al., No. 14-35202
Plaintiffs - Appellants, D.C. No. 3:12-CV-00484-BR
v.
MEMORANDUM*
NORTHWEST TRUSTEE SERVICES,
INC.,
Defendant,
and
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Defendant-Appellee.
Appeal from the United States District Court
for the District of Oregon
Anna J. Brown, District Judge, Presiding
Argued and Submitted November 6, 2015
Portland, Oregon
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Page 2 of 2
Before: BERZON and WATFORD, Circuit Judges, and SOTO,** District Judge.
The district court properly entered summary judgment for the defendants
and denied the plaintiffs’ motion for leave to amend their complaint as futile. The
plaintiffs argue that the foreclosure sale of their property was invalid because the
notice of sale that they received did not identify the proper beneficiary of the trust
deed. However, the Oregon Trust Deed Act forbids post-sale challenges based on
this technical defect, for the reasons stated in Woods v. U.S. Bank N.A., __ F.3d __
(9th Cir. 2016). See Or. Rev. Stat. § 86.797(1) (formerly § 86.770(1)).
AFFIRMED.
**
The Honorable James Alan Soto, United States District Judge for the
U.S. District Court for the District of Arizona, sitting by designation.