Marisa Bavand v. Onewest Bank Fsb
Opinion
Opinion
MEMORANDUM
Marisa Bavand appeals the district court’s grant of summary judgment. Ba-vand claims that defendants — OneWest Bank, FSB (OneWest); Mortgage Electronic Registration Systems, Inc. (MERS); and Northwest Trustee Services, Inc. (NWTS) — violated the Washington Deed of Trust Act (DTA) and the federal Fan-Debt Collection Practices Act (FDCPA). By failing to discuss the merits of the FDCPA claim in her opening brief, Ba-vand abandoned that claim, Miller v. Fairchild Indus., Inc., 797 F.2d 727 , 738 (9th Cir.1986), so only her DTA claim remains.
Bavand makes three primary arguments that defendants violated the DTA: (1) OneWest was not the true and lawful owner of Bavand’s promissory note (or of the deed of trust securing that note), so OneWest could not act as the note’s beneficiary by conducting foreclosure proceedings; (2) MERS was an improper beneficiary and acted unlawfully in that capacity by assigning all of its beneficiary interest to OneWest; and (3) NWTS violated its fiduciary duty of good faith by sending Bavand a false and misleading' notice of default. We reject these arguments and affirm the district court’s grant of defendants’ motion for summary judgment.