The Bank of New York Mellon v. 8933 Square Knot Trust

Good Law
United States Court of Appeals for the Ninth CircuitNovember 17, 202120-17338California776 words

Opinion

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 17 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

THE BANK OF NEW YORK MELLON, as No. 20-17338 Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2005- D.C. No. 41, Mortgage Pass-Through Certificates, 2:17-cv-02177-JCM-NJK Series 2005-41, FKA Bank of New York,

Plaintiff-counter- MEMORANDUM* defendant-Appellee,

v.

8933 SQUARE KNOT TRUST,

Defendant-counter-claimant- Appellant,

and

SPRING MOUNTAIN RANCH MASTER

ASSOCIATION,

Defendant.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Submitted November 15, 2021** San Francisco, California

Before: SCHROEDER, W. FLETCHER, and MILLER, Circuit Judges.

8933 Square Knot Trust appeals from the district court’s grant of summary

judgment in favor of the Bank of New York Mellon (BNYM). BNYM’s

predecessor-in-interest financed the…

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