CERVANTES v. COUNTRYWIDE HOME LOANS, INC.

No. 09-17364.

656 F.3d 1034 (2011)

Olga CERVANTES, an unmarried woman; Carlos Almendarez, a married man; Arturo Maximo, a married man, individually and on behalf of a class of similarly situated individuals, Plaintiffs-Appellants, v. COUNTRYWIDE HOME LOANS, INC., a New York corporation; Mortgage Electronic Registration Systems, Inc., a subsidiary of MERSCORP, Inc., a Delaware corporation; MERSCORP, Inc.; Federal Home Loan Mortgage Corporation, a foreign corporation, aka Freddie Mac; Federal National Mortgage Association, a foreign corporation; GMAC Mortgage, LLC, a Delaware corporation; National City Mortgage, a foreign company and a division of National City Bank, a foreign company; J.P. Morgan Chase Bank, N.A., a New York corporation; Citimortgage, Inc., a New York corporation; HSBC Mortgage Corporation, U.S.A., a Delaware corporation; AIG United Guaranty Corporation, a foreign corporation; Wells Fargo Bank, N.A., a California corporation, dba Wells Fargo Home Equity; Bank of America, N.A., a foreign corporation; GE Money Bank, a foreign company; PNC Financial Services Group, Inc., a Pennsylvania corporation; National City Corporation, a subsidiary of PNC Financial Services Group; National City Bank, a subsidiary of National City Corporation; Merrill Lynch & Company, Inc., a subsidiary of Bank of America Corporation; First Franklin Financial Corporation, a subsidiary of Merrill Lynch & Company, Inc.; LaSalle Bank, N.A., a subsidiary of Bank of America; Tiffany & Bosco P.A., an Arizona professional association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2011.


Attorney(s) appearing for the Case

William A. Nebeker and Valerie R. Edwards , Koeller Nebeker Carlson & Haluck, LLP, Phoenix, AZ, and Robert Hager and Treva Hearne , Hager & Hearne, Reno, NV, for appellants.

Timothy J. Thomason , Mariscal Weeks McIntyre & Friedlander, P.A., Phoenix, AZ, Thomas M. Hefferon , Goodwin Procter, LLP, Washington, DC, Howard N. Cayne , Arnold & Porter, LLP, Washington, DC, Stephen E. Hart , Federal Housing Finance Agency, Washington, DC, Mark S. Landman , Landman Corsini Ballaine & Ford P.C., New York, NY, and Robert M. Brochin , Morgan, Lewis & Bockius, LLP, Miami, FL, for appellees.

Before: RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, and CONSUELO M. CALLAHAN, Circuit Judges.


OPINION

CALLAHAN, Circuit Judge:

This is a putative class action challenging origination and foreclosure procedures for home loans maintained within the Mortgage Electronic Registration System (MERS). The plaintiffs appeal from the dismissal of their First Amended Complaint for failure to state a claim. In their complaint, the plaintiffs allege conspiracies by their lenders and others to use MERS to commit fraud. They also allege that their lenders violated...

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