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IN RE CEDANO

BAP No. CC-11-1189-HKiMk. Bankruptcy No. SV 10-18618 GM. Adversary No. SV 10-01534 GM.

470 B.R. 522 (2012)

In re Humberto CEDANO, Debtor. Humberto Cedano, Appellant, v. Aurora Loan Services, LLC; Deutsche Bank Trust Company Americas; The Rali Series 2007-QH8 Trust; SCME Mortgage Bankers, Inc.; Mortgage Electronic Registration Systems, Inc.; Cal-Western Reconveyance Corp., Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided April 9, 2012.

Ordered Published April 17, 2012.

Attorney(s) appearing for the Case

Richard Tobin Baum argued for Appellant Humberto Cedano. Justin Donald Balser, of Akerman Senterfitt LLP, argued for Appellees Mortgage Electronic Registration Systems, Inc.; Deutsche Bank Trust Company Americas; Aurora Loan Services LLC; and The RALI Series 2007-QH8 Trust.

Before: HOLLOWELL, KIRSCHER, and MARKELL, Bankruptcy Judges.

OPINION

HOLLOWELL, Bankruptcy Judge.

This appeal challenges the bankruptcy court's dismissal, pursuant to Civil Rule 12(b)(6),1 of the debtor's adversary proceeding alleging wrongful foreclosure of his residence, slander of title, professional negligence by the foreclosing trustee in failing to ascertain the validity of the underlying loan documents, and seeking cancellation of the trustee's deed upon sale and to quiet title...

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