Bank of America, N.A. v. Sandor Feher

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 18, 2021
• Docket: 20-15420
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED NOV 18 2021 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

BANK OF AMERICA, N.A., FKA No. 20-15420 Countrywide Home Loans Servicing, LP, Successor by Merger to BAC Home Loan D.C. No. 2:16-cv-02939-RFB-BNW Servicing, LP; FEDERAL NATIONAL MORTGAGE ASSOCIATION, MEMORANDUM* Plaintiffs-Appellees,

v.

THE GROVE HOMEOWNERS ASSOCIATION,

Defendant,

and

SANDOR FEHER,

Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada Richard F. Boulware II, District Judge, Presiding

Submitted November 8, 2021**

* 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). Before: CANBY, TASHIMA, and MILLER, Circuit Judges.

Sandor Feher appeals pro se from the district court’s summary judgment in

this quiet title action brought by Bank of America, N.A. and Federal National

Mortgage Association (“Fannie Mae”). We have jurisdiction under 28 U.S.C.

§ 1291. We review de novo. Berezovsky v. Moniz, 869 F.3d 923, 927 (9th Cir.

2017). We affirm.

The district court properly granted summary judgment because Feher failed

to raise a genuine dispute of material fact as to whether Fannie Mae’s interest in

the subject property had been extinguished by the foreclosure sale. See id. at 928

(“[T]he Federal Foreclosure Bar applies to any property for which the [Federal

Housing Finance Agency] serves as conservator and immunizes such property

from any foreclosure without Agency consent.” (citing 12 U.S.C. § 4617(j)(1),

(3)).

Feher’s motions to transmit exhibits (Docket Entry Nos. 15 and 34) are

denied. See Kirshner v. Uniden Corp. of Am., 842 F.2d 1074, 1077 (9th Cir. 1988)

(“Papers not filed with the district court or admitted into evidence by that court are

not part of the clerk’s record and cannot be part of the record on appeal.”).

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

2 20-15420 appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

3 20-15420