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ZADROZNY v. BANK OF NEW YORK MELLON

No. 11-16597.

720 F.3d 1163 (2013)

Edward ZADROZNY, husband; Kymberly Zadrozny, Plaintiffs-Appellants, v. BANK OF NEW YORK MELLON, as Trustee for the Certificate Holders CWALT, Inc. Alternative Loan Trust 2005-59-Mortgage Pass-Through Certificates, Series 2005-59, fka Bank of New York; BAC Home Loans Servicing LP, a California Corporation; Soma Financial Incorporated; First American Title Insurance Company, a Texas Corporation; Recontrust Company NA; NV Mortgage, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 28, 2013.

Attorney(s) appearing for the Case

Donald O. Loeb , Donald O. Loeb, P.L.C., Scottsdale, AZ, for Plaintiffs-Appellants.

Emily S. Cates (argued) and Milton A. Wagner , Lewis and Roca, Phoenix, AZ, for Defendants-Appellees.

Before: STEPHEN S. TROTT, JOHNNIE B. RAWLINSON, and RICHARD D. CUDAHY, Circuit Judges.

OPINION

RAWLINSON, Circuit Judge:

Appellants Edward and Kymberly Zadrozny (the Zadroznys) challenge the dismissal of their first amended complaint against Defendants/Appellees. The Zadroznys contend that the district court erred in dismissing their claims that Appellees improperly initiated non-judicial foreclosure proceedings after the Zadroznys failed to comply with the mortgage obligations financing their residence. The Zadroznys also challenge the district...

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