NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WENDLE V. LEHNERD, No. 15-16641
Plaintiff-Appellant, D.C. No. 2:14-cv-01811-SPL
v.
MEMORANDUM*
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; BANK
OF NEW YORK MELLON CORP.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Arizona
Steven Paul Logan, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Wendle V. Lehnerd appeals pro se from the district court’s judgment
dismissing his diversity action arising from foreclosure proceedings. We review
de novo questions of our own jurisdiction. Hunt v. Imperial Merchant Servs., Inc.,
*
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).
560 F.3d 1137, 1140 (9th Cir. 2009). We dismiss the appeal.
Lehnerd failed to obtain injunctive relief before the trustee’s sale of the
property, and he therefore waived any defenses and objections to the sale. See
Ariz. Rev. Stat. § 33–811(C) (defenses and objections to a trustee’s sale are waived
if they are not raised in an action resulting in injunctive relief before the sale); BT
Capital, LLC v. TD Serv. Co. of Ariz., 275 P.3d 598, 600 (Ariz. 2012) (en banc)
(once a trustee’s sale is completed, “a person subject to § 33–811(C) cannot later
challenge the sale based on pre-sale defenses or objections”). Because the
foreclosure sale has been completed, we cannot grant Lehnerd any effective relief
and dismiss Lehnerd’s appeal as moot. See Am. Cas. Co. of Reading, Pa. v. Baker,
22 F.3d 880, 896 (9th Cir. 1994) (a case is moot when there is no longer a present
controversy as to which effective relief can be granted).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
DISMISSED.
2 15-16641