United States Ninth Circuit

Dismissal of a complaint in which plaintiffs alleged that defendants improperly initiated non-judicial foreclosure proceedings after plaintiffs failed to comply with the mortgage obligations financing their residence, is affirmed, where: 1) Arizona courts have rejected plaintiffs' claim that non-judicial foreclosures require production of the promissory note prior to a sale, their claim that successor trustees are unauthorized to initiate foreclosure proceedings, or that non-judicial foreclosure sales must comport with the Uniform Commercial Code; and 2) plaintiffs failed to provide any legal authority for their constitutional challenge to A.R.S. section 33-811(b); and 3) plaintiffs waived any challenge to the district court's dismissal of their fraud and misrepresentation claims as untimely.

Appellate Information

• Decided 06/28/2013
• Published 06/28/2013

Judges

• RAWLINSON

Court

• United States Ninth Circuit

Counsel