Yeota Christie v. the Bank of New York Mellon

MEMORANDUM

Yeota Christie contends that she received demands for mortgage payments from several entities that did not have the authority to make such demands: The Bank of New York Mellon, N.A, as Trustee for the CWALT Pass-Through Certificates CWALT Series 2007-OA3 (the “CWALT Trust”); Bank of America, N.A.; BAC Home Loans Servicing, LP; and Re-conTrust Company, N.A. (collectively, “Ap-pellees”). Christie alleges that unauthorized and inauthentic assignments of her loan have rendered her Note and Deed of Trust void and that Appellees’ efforts to collect her debt give rise to five causes of action. The district court granted Appel-lees’ motion to dismiss and Christie filed this timely appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

1. The district court properly dismissed Christie’s claim for declaratory relief. Her arguments in support of such relief all fail because of lack of standing or plausibility. As a borrower, Christie does not have standing under California law to challenge irregularities in the assignment of her Note or Deed of Trust because those instruments are negotiable and her obligations thereunder remain unchanged even if her creditor…