United States District Court, D. Oregon
OPINON AND ORDER
Michael J. McShane, United States District Judge
Countrywide Home Loans, Inc. (“Countrywide”),
Federal Home Loan Mortgage Corporation, Bank of America, N.A.
(“BANA”), and Mortgage Electronic Registration
Systems, Inc. (“MERS”) (collectively
“Countrywide, et al.”) and The Bank of New York
Mellon Trust Company (“BNY Mellon”) move this
Court for summary judgment pursuant to Fed.R.Civ.P. 56.
Countrywide, et al.'s Mot., ECF No. 104; BNY Mellon's
Mot., ECF No. 107. In support of their Motion, Countrywide,
et al. asks the Court to take judicial notice of five
proffered exhibits. Req. for Judicial Notice, ECF No. 105.
Plaintiff has failed to raise a genuine dispute of material
fact and her claims face various standing, preclusion, and
statute of limitations issues, this Court GRANTS
Defendants' Motions for Summary Judgment (ECF Nos. 104
case is the culmination of many cases filed by Plaintiff Mary
Strong, proceeding pro se. See Civ. Nos.
6:15-cv-01536-MC, 6:15-cv-1966-MC,  6:16-cv-00233-MC,
6:16-cv-00331-MC. Plaintiff secured a $364, 000 refinance
loan (“senior loan”) for a property located at
65510 Old Bend Redmond Highway in Bend, Oregon, 97701
(“the Property”) and subsequently defaulted on
it. ECF No. 9-1. GMAC Mortgage, LLC (“GMAC”), a
junior lienholder, foreclosed their second position loan
(“junior loan”) on the Property and sold the
Property by trustee's sale to Stratagem Capital, LLC
(“Stratagem”). Countrywide et al.'s Mot. 8;
Laurick Decl. Ex. 5, at 10, ECF No. 106. The Deed of Trust
was assigned and Plaintiff eventually lost access to the
Property. ECF No. 9-2. Plaintiff filed these now-consolidated
actions relating to the loans in the Deschutes County Circuit
Court on January 8, 2016. ECF Nos. 1, 2, and 11. Defendants
removed the actions to this Court on February 8, 2016.
Id. This Court dismissed Plaintiff's claims as
to all Defendants-except GMAC and Residential Asset Mortgage
Products, Inc. (“RAMP”)-with prejudice on April
4, 2016. Op. and Order, ECF No. 29.
appealed on April 20, 2016. ECF Nos. 30 and 31. On September
8, 2017, the Ninth Circuit affirmed in part and vacated the
dismissal regarding Plaintiff's (1) slander of title,
quiet title, and request for declaratory judgment claims
against Countrywide, et al.; and (2) slander of title, quiet
title, wrongful foreclosure, and request for declaratory
judgment claims against GMAC, RAMP,  Stratagem,  and BNY Mellon.
Strong v. Countrywide Home Loans, Inc., 700
Fed.Appx. 664, 666-67 (9th Cir. 2017). The Ninth Circuit
concluded that Plaintiff may have standing to bring claims
regarding the senior loan based on her allegation that the
foreclosure sale on the junior loan was not conducted by the
trustee or an authorized agent thereof. Id. at 3-4.
Defendants filed the instant Motions for Summary Judgment and
Request for Judicial Notice on May 7, 2019. ECF Nos. 104,
105, and 107.
Court must grant summary judgment “if the movant shows
that there is no genuine dispute as to any material fact and
the movant is entitled to judgment as a matter of law.”
Fed.R.Civ.P. 56(a). An issue is “genuine” if a
reasonable jury could find in favor of the non-moving party.
Rivera v. Phillip Morris, Inc., 395 F.3d 1142, 1146
(9th Cir. 2005) (citing Anderson v. Liberty Lobby,
Inc., 477 U.S. 242, 248 (1986)). A fact is
“material” if it could affect the outcome of the
Court reviews evidence and draws inferences in the light most
favorable to the nonmoving party. Miller v. Glenn Miller
Prods., Inc., 454 F.3d 975, 988 (9th Cir. 2006) (quoting
Hunt v. Cromartie, 526 U.S. 541, 552 (1999)). When
the moving party has met its burden, the nonmoving party must
present “specific facts showing that there is a
genuine issue for trial.” Matsushita Elec.
Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87
(1986) (quoting Fed.R.Civ.P. 56(e)) (emphasis in original).
The “mere existence of a scintilla of evidence in
support of the plaintiff's position [is]
insufficient” to avoid summary judgment. Liberty
Lobby, Inc., 477 U.S. at 252. Uncorroborated allegations
and “self-serving testimony” are also
insufficient. Villiarimo v. Aloha Island Air, Inc.,
281 F.3d 1054, 1061 (9th Cir. 2002).
Request for Judicial Notice
preliminary matter, Countrywide, et al. requests that this
Court take judicial notice of five items:
1. Assignment of Deed of Trust related to the real property
located at 65510 Old Bend Redmond Highway, Bend, OR 97701
(“Property”), pursuant to a $364, 000 loan
obtained by Mary Strong, Trustee of the Mary Strong Family
Trust secured by a Deed of Trust recorded in the Deschutes
County Records on March 23, 2007 at 2007-17104, and recorded
in the Deschutes County Records on January 11, 2016, at
2. Assignment of Deed of Trust related to the Property and
recorded in the Deschutes County Records on January 11, 2016
3. The Circuit Court of the State of Oregon for the County of
Deschutes No. 16CV19530 Register of Actions regarding the
judicial foreclosure related to the Property.
4. General Judgment of Foreclosure and Declaration of Amount
Due related to the Property and dated December 29, 2017,
entered by the Circuit Court of the State of Oregon for ...