Big Blue Capital Partners v. Recontrust Company
Opinion
Opinion
MEMORANDUM
The district court dismissed the complaint filed by Big Blue Capital Partners, which alleged that ReeonTrust Company failed to follow Oregon law when it initiated nonjudicial foreclosure proceedings against property now owned by Big Blue. Because ReeonTrust rescinded the notice of default, effectively abandoning the foreclosure proceedings, Defendants contend this appeal is moot. We agree with Defendants and dismiss the appeal. See Vegas Diamond Props., LLC v. FDIC, 669 F.3d 933, 936-37 (9th Cir.2012).
Big Blue does not dispute that Reeon-Trust rescinded the notice of default. Instead, Big Blue argues that the “capable of repetition, yet evading review” exception to mootness applies. See id. However, this exception “applies only where the named plaintiff can make a reasonable showing that he will again be subjected to the alleged illegality.” Id. (internal quotation marks omitted). Big Blue has not made this showing.
After ReeonTrust rescinded the notice of default, the Oregon Supreme Court substantiated allegations in Big Blue’s complaint by holding that Mortgage Electronic Registration Systems (MERS) may not qualify as a trust deed’s beneficiary under Oregon law.…