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

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 22 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WAYNE A. SEARE; MARINETTE No. 17-15916
TEDOCO,
D.C. No. 2:16-cv-00907-JCM-
Plaintiffs-Appellants, CWH
v.
MEMORANDUM*
BANK OF NEW YORK MELLON, FKA
Bank of New York, on behalf of Trustee for
the Certificateholders of the CWALT, Inc.,
Alternative Loan Trust 2007-18CB,
Mortgage Pass-Through Certificates, Series
2007-18CB; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted November 15, 2017**
Before: CANBY, TROTT, and GRABER, Circuit Judges.
Wayne A. Seare and Marinette Tedoco appeal pro se from the district court’s
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 17-15916