RANDY LIU V. FNMA/FANNIE MAE, No. 14-35202 (9th Cir. 2016)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS AUG 03 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RANDY LIU; et al., Plaintiffs - Appellants, No. 14-35202 D.C. No. 3:12-CV-00484-BR v. MEMORANDUM* NORTHWEST TRUSTEE SERVICES, INC., Defendant, and FEDERAL NATIONAL MORTGAGE ASSOCIATION, Defendant-Appellee. Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding Argued and Submitted November 6, 2015 Portland, Oregon * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Page 2 of 2 Before: BERZON and WATFORD, Circuit Judges, and SOTO,** District Judge. The district court properly entered summary judgment for the defendants and denied the plaintiffs’ motion for leave to amend their complaint as futile. The plaintiffs argue that the foreclosure sale of their property was invalid because the notice of sale that they received did not identify the proper beneficiary of the trust deed. However, the Oregon Trust Deed Act forbids post-sale challenges based on this technical defect, for the reasons stated in Woods v. U.S. Bank N.A., __ F.3d __ (9th Cir. 2016). See Or. Rev. Stat. § 86.797(1) (formerly § 86.770(1)). AFFIRMED. ** The Honorable James Alan Soto, United States District Judge for the U.S. District Court for the District of Arizona, sitting by designation.

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