7912 Limbwood Court Trust v. Wells Fargo Bank, N.a.; Federal Home Loan Mortgage Corporation

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
7912 LIMBWOOD COURT TRUST,
Plaintiff-Appellant,
v.
WELLS FARGO BANK, N.A.; FEDERAL
HOME LOAN MORTGAGE
CORPORATION,
Defendants-Appellees.
No. 16-15263
D.C. No.
2:13-cv-00506-APG-GWF
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Andrew P. Gordon, District Judge, Presiding
Argued and Submitted November 13, 2017
Pasadena, California
Before: KOZINSKI, HAWKINS, and PARKER,** Circuit Judges.
Plaintiff 7912 Limbwood Court Trust (“Limbwood”) appeals from a
judgment of the United States District Court for the District of Nevada. The court
below granted summary judgment in favor of Defendants Wells Fargo Bank, N.A.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The Honorable Barrington D. Parker, United States Circuit Judge for
the U.S. Court of Appeals for the Second Circuit, sitting by designation.
FILED
DEC 18 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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and Federal Home Loan Mortgage Corporation and dismissed Limbwood’s
complaint seeking quiet title. We affirm.
Limbwood contends that under Nevada Revised Statute § 116.3116 et seq.
(“the Statute”), its purchase of real property for $5,100 at a non-judicial
foreclosure sale [ER 433] grants it title to the property free of any encumbrances,
including a $133,500 deed of trust held by Wells Fargo [ER 408] and subsequently
acquired by Federal Home Loan Mortgage Corporation [ER 436-38]. In Bourne
Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), this
Court held the Statute to be facially unconstitutional. That successful challenge
means that the law has no force or effect. See Foti v. City of Menlo Park, 146 F.3d
629, 635 (9th Cir. 1998). Therefore, the Statute could not operate to extinguish the
first deed of trust.
AFFIRMED.

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