FILED
NOT FOR PUBLICATION APR 17 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
TAYLOR LEE REYNOLDS; and No. 13-15339
CONNIE B. EVANS,
D.C. No. 3:11-cv-00910-RCJ-VPC
Plaintiffs - Appellants,
v. MEMORANDUM*
HOMECOMINGS FINANCIAL
NETWORK, INC.,
Defendant,
and
GMAC MORTGAGE, LLC;
EXECUTIVE TRUSTEE SERVICES,
LLC; and FEDERAL NATIONAL
MORTGAGE ASSOCIATION,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, District Judge, Presiding
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Submitted April 15, 2015**
San Francisco, California
Before: KOZINSKI and GRABER, Circuit Judges, and BENSON,*** Senior
District Judge.
Plaintiffs Taylor Lee Reynolds and Connie B. Evans appeal the district
court’s partial dismissal of their complaint and partial grant of summary judgment
to Defendants. Reviewing de novo, Lopez-Valenzuela v. Arpaio, 770 F.3d 772,
777 (9th Cir. 2014) (en banc), petition for cert. filed, 83 U.S.L.W. 3631 (U.S. Jan.
13, 2015) (No. 14-825), we affirm.
1. Because Plaintiffs failed to raise to the district court their argument
concerning the endorsement of the note, the argument is waived. O’Guinn v.
Lovelock Corr. Ctr., 502 F.3d 1056, 1063 n.3 (9th Cir. 2007). In any event, it is
unpersuasive. In Nevada, "a promissory note and a deed of trust are automatically
transferred together unless the parties agree otherwise." Edelstein v. Bank of N.Y.
Mellon, 286 P.3d 249, 257 (Nev. 2012) (en banc). As the district court explained,
the deed of trust was transferred validly to the foreclosing entity, GMAC
Mortgage, LLC. Because GMAC Mortgage was the beneficiary of the deed and
**
The panel unanimously concludes that this case is suitable for decision
without oral argument. Fed. R. App. P. 34(a)(2).
***
The Honorable Dee V. Benson, Senior United States District Judge for
the District of Utah, sitting by designation.
2
the holder of the note, it had authority to foreclose on the property. Id. at 255. The
district court properly granted summary judgment.
2. Contrary to Plaintiffs’ argument, "a mortgage note is a negotiable
instrument." Leyva v. Nat’l Default Servicing Corp., 255 P.3d 1275, 1279 (Nev.
2011).
3. We have considered Plaintiffs’ other arguments and find none persuasive.
AFFIRMED.
3