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M & T BANK v. SFR INVESTMENTS POOL 1, LLC

No. 18-17395.

963 F.3d 854 (2020)

M & T BANK; Federal Home Loan Mortgage Corporation, Plaintiffs-Appellees, v. SFR INVESTMENTS POOL 1, LLC, Defendant-Appellant, and Diamond Creek Community Association, a Nevada Non-Profit Corporation, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2020.

Attorney(s) appearing for the Case

Karen L. Hanks (argued), Jacqueline A. Gilbert , Diana S. Ebron , and Caryn R. Schiffman , Kim Gilbert Ebron, Las Vegas, Nevada, for Defendant-Appellant.

Michael A.F. Johnson (argued) and Dirk C. Philips , Arnold & Porter Kaye Scholer LLP, Washington, D.C., for Amicus Curiae Federal Housing Finance Agency.

Nathan F. Smith and Christine A. Roberts , Malcolm Cisneros, Irvine, California, for Plaintiffs-Appellees.

Before: Milan D. Smith, Jr. and Andrew D. Hurwitz, Circuit Judges, and C. Ashley Royal, District Judge.

OPINION

The sole contested issue in this appeal is whether under 12 U.S.C. § 4617(b)(12), a quiet title action is a "contract" claim or a "tort" claim. If it is the former, this action is subject to a statute of limitations of at least six years, was timely filed...

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