Cabeza v. Federal Home Loan Mortgage Cor, No. 15-3158 (3d Cir. 2019)
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NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________ No. 15-3158 ________________ LUCREZIA CABEZA; JUAN CABEZA, Appellants v. FEDERAL HOME LOAN MORTGAGE CORPORATION, As Trustee for Securitized Trust Freddie Mac Multiclass Certificates, Series 3345; BANK OF AMERICA, N.A., as Servicer; DOES 1 THROUGH 10, Inclusive ________________ On Appeal from the United States District Court for the District of New Jersey (D.C. Civil No. 2-15-cv-01589) District Judge: Honorable Jose L. Linares ________________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) on November 14, 2016 Before: RESTREPO, SCIRICA, and FISHER, Circuit Judges ______________ JUDGMENT ORDER _______________ After consideration of all contentions raised by the Appellants in their brief and the brief submitted by Court Appointed Amicus Counsel;1 it is 1 The Court expresses its gratitude to Stephen A. Fogdall, Esq. of Schnader Harrison Segal & Lewis for his participation and submission of a brief as Court appointed Amicus Curiae. ADJUDGED AND ORDERED that the 30 day time period for filing a notice of appeal applies to this case as the Federal Home Loan Mortgage Corporation is not an agency of the United States for the purposes of Fed. R. App. P. 4(a)(1), despite being placed into conservatorship, see 28 U.S.C. § 451; Gov’t Nat. Mortg. Ass’n v. Terry, 608 F.2d 614, 617–18 (5th Cir. 1979) (applying § 451 to Ginnie Mae); see also In re Hoag Ranches, 846 F.2d 1225, 1227-28 (9th Cir. 1988) (discussing factors considered to determine when a party is an agency under Rule 4(a)(1) and § 451); cf. U.S. ex rel. Petras v. Simparel, Inc., 857 F.3d 497, 504 (3d Cir. 2017); Meridian Investments, Inc. v. Fed. Home Loan Mortg. Corp., 855 F.3d 573, 578–79 (4th Cir. 2017); U.S. ex rel. Adams v. Aurora Loan Services, Inc., 813 F.3d 1259, 1260–61 (9th Cir. 2016); Mik v. Federal Home Loan Mortg. Corp., 743 F.3d 149, 168 (6th Cir. 2014); and it is FURTHER ADJUDGED AND ORDERED that the appeal is dismissed for lack of appellate jurisdiction as the notice of appeal was untimely filed. By the Court, s/Anthony J. Scirica Circuit Judge ATTEST: s/ Patricia S. Dodszuweit Clerk Dated: July 12, 2019
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