7912 LIMBWOOD COURT TRUST, Plaintiff-Appellant, v. WELLS FARGO BANK, N.A.; Federal Home Loan Mortgage Corporation, Defendants-Appellees, 707 F. App'x 479

MEMORANDUM Plaintiff 7912 Limbwood Court Trust (“Limbwood”) appeals from a judgment of the United States District Court for the District of Nevada. The court below granted

summary judgment in favor of Defendants Wells Fargo Bank, N.A. and Federal Home Loan Mortgage Corporation and dismissed Limbwood’s complaint seeking quiet title. We affirm. Limbwood contends that under Nevada Revised Statute § 116.3116 et seq. (“the Statute”), its purchase of real property for $5,100 at a non-judicial foreclosure sale [ER 433] grants it title to the property free of any encumbrances, including a $133,500 deed of trust held by Wells Fargo [ER 408] and subsequently acquired by Federal Home Loan Mortgage Corporation [ER 436-38]. In Bourne Valley Court Trust v.

Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), this Court held the Statute to be facially unconstitutional. That successful challenge means that the law has no force or effect. See Foti v. City of Menlo Park, 146 F.3d 629, 635 (9th Cir. 1998). Therefore, the Statute could not operate to extinguish the first deed of trust. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.