Lucrezia Cabeza; Juan Cabeza v. FEDERAL HOME LOAN MORTGAGE CORPORATION, As Trustee for Securitized Trust Freddie Mac…

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 15-3158
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LUCREZIA CABEZA;
JUAN CABEZA,
Appellants
v.
FEDERAL HOME LOAN MORTGAGE CORPORATION,
As Trustee for Securitized Trust Freddie Mac Multiclass
Certificates, Series 3345; BANK OF AMERICA, N.A., as Servicer;
DOES 1 THROUGH 10, Inclusive
________________
On Appeal from the United States District Court
for the District of New Jersey
(D.C. Civil No. 2-15-cv-01589)
District Judge: Honorable Jose L. Linares
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Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
on November 14, 2016
Before: RESTREPO, SCIRICA, and FISHER, Circuit Judges
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JUDGMENT ORDER
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After consideration of all contentions raised by the Appellants in their brief and
the brief submitted by Court Appointed Amicus Counsel;1 it is
1 The Court expresses its gratitude to Stephen A. Fogdall, Esq. of Schnader Harrison
Segal & Lewis for his participation and submission of a brief as Court appointed Amicus
Curiae.

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ADJUDGED AND ORDERED that the 30 day time period for filing a notice of
appeal applies to this case as the Federal Home Loan Mortgage Corporation is not an
agency of the United States for the purposes of Fed. R. App. P. 4(a)(1), despite being
placed into conservatorship, see 28 U.S.C. § 451; Gov’t Nat. Mortg. Ass’n v. Terry, 608
F.2d 614, 617–18 (5th Cir. 1979) (applying § 451 to Ginnie Mae); see also In re Hoag
Ranches, 846 F.2d 1225, 1227-28 (9th Cir. 1988) (discussing factors considered to
determine when a party is an agency under Rule 4(a)(1) and § 451); cf. U.S. ex rel. Petras
v. Simparel, Inc., 857 F.3d 497, 504 (3d Cir. 2017); Meridian Investments, Inc. v. Fed.
Home Loan Mortg. Corp., 855 F.3d 573, 578–79 (4th Cir. 2017); U.S. ex rel. Adams v.
Aurora Loan Services, Inc., 813 F.3d 1259, 1260–61 (9th Cir. 2016); Mik v. Federal
Home Loan Mortg. Corp., 743 F.3d 149, 168 (6th Cir. 2014); and it is
FURTHER ADJUDGED AND ORDERED that the appeal is dismissed for lack of
appellate jurisdiction as the notice of appeal was untimely filed.
By the Court,
s/Anthony J. Scirica
Circuit Judge
ATTEST:
s/ Patricia S. Dodszuweit
Clerk
Dated: July 12, 2019

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