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BREWSTER v. SUN TRUST MORTG., INC.

No. 12-56560.

742 F.3d 876 (2014)

Christopher Ayden BREWSTER, individually, Plaintiff-Appellant, v. SUN TRUST MORTGAGE, INC., Defendant, and Nationstar Mortgage, LLC, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 2014.

Attorney(s) appearing for the Case

Christopher Ayden Brewster (argued) and Kenneth Alexander Lee (argued), Brewster & Lee, PC, Costa Mesa, CA, for Plaintiff-Appellant.

Regina J. McClendon (argued) and Sally W. Mimms , Locke Lord LLP, San Francisco, CA, for Defendant-Appellee.

Nathaniel S. Pollock , United States Department of Justice, Washington, D.C., for Amicus Curiae the United States of America.

Before: Ronald M. Gould and Jay S. Bybee, Circuit Judges, and Edward M. Chen, District Judge.

OPINION

GOULD, Circuit Judge:

In this appeal, we must determine the scope of the term "foreclosure" for the purposes of § 533 of the Servicemembers Civil Relief Act ("SCRA"). Christopher Brewster appeals the district court's dismissal under Federal Rule of Civil Procedure 12(b)(6) of his claim that Defendant Nationstar Mortgage, LLC, ("Nationstar") violated § 533 when it maintained certain fees related to a rescinded Notice of Default on his account...

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