BANK OF AMERICA, N.A., FKA Countrywide Home Loans Servicing, LP, Successor by Merger… v. the Grove Homeowners Association

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BANK OF AMERICA, N.A., FKA
Countrywide Home Loans Servicing, LP,
Successor by Merger to BAC Home Loan
Servicing, LP; FEDERAL NATIONAL
MORTGAGE ASSOCIATION,
Plaintiffs-Appellees,
v.
THE GROVE HOMEOWNERS
ASSOCIATION,
Defendant,
and
SANDOR FEHER,
Defendant-Appellant.
No. 20-15420
D.C. No. 2:16-cv-02939-RFB-BNW
MEMORANDUM*
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).
FILED
NOV 18 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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

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

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