BANK OF NEW YORK MELLON AS TRUSTEE FOR CERTIFICATEHOLDERS OF CWABS INC ASSET BACKED CERTIFICATES SERIES 2006 v. LLC (2020)
United States Court of Appeals, Ninth Circuit.
The BANK OF NEW YORK MELLON, fka Bank of New York, AS TRUSTEE FOR the CERTIFICATEHOLDERS OF The CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-4, Plaintiff-Appellee, v. 886 PARK WALK TRUST, Defendant-Appellant, Oak Park Homeowners Association; Absolute Collection Services, LLC, Defendants.
Decided: July 13, 2020
Before: HAWKINS, D.M. FISHER,** and M. SMITH, Circuit Judges.
Melanie Dawn Morgan, Esquire, Attorney, Rex D. Garner, Lilith Vala Xara, Esquire, Attorney, Akerman LLP, Las Vegas, NV, Richard Aaron Chastain, Stephen Colmery Parsley, Esquire, Bradley Arant Boult Cummings LLP, Birmingham, AL, for Plaintiff-Appellee Luis A. Ayon, Ayon Law, PLLC, Las Vegas, NV, for Defendant-Appellant
886 Park Walk Trust (the “Trust”) challenges the district court's adverse grant of summary judgment declaring that the Trust purchased property located at 886 Park Walk, Las Vegas, Nevada subject to a deed of trust held by the Bank of New York Mellon (“BNY”). We have jurisdiction under 28 U.S.C. § 1291 and affirm.
The Trust's sole contention on appeal is that BNY's claim is barred by a three-year statute of limitations. The Trust concedes, however, that it failed to raise its statute of limitations defense in district court. We may consider an issue raised for the first time on appeal under certain “exceptional circumstances,” AlohaCare v. Hawaii, Dep't of Human Servs., 572 F.3d 740, 744–45 (9th Cir. 2009), but this case does not present such circumstances.
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