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PUBLISH

Before LUCERO, BALDOCK, and McCONNELL, Circuit Judges.

This appeal presents us with a most unusual set of facts. Plaintiff RMA Ventures California originally filed suit against Defendants Sun America Life Insurance and Midland Loan Services for breach of contract and misrepresentation. Plaintiff alleged that Defendants failed to implement a required interest rate reduction pursuant to the parties’ mortgage agreement. The district court granted summary judgment for Defendants, holding that Plaintiff’s voluntary interest payments over a four-year period precluded recovery on its claims. Plaintiff appeals the district court’s decision. Defendants contend, however, that we should dismiss Plaintiff’s appeal for lack of standing. Defendants’ basis for their standing argument is where we are thrown the proverbial “curve ball.” Specifically, Defendants argue that Plaintiff no longer owns the legal rights to this cause of action because Defendants purchased them at a public execution sale. Adding to the case’s anomalous posture is the fact that the execution sale was meant to satisfy Defendants’ award of attorneys’ fees-an award based solely on the grant of summary judgment which Plaintiff now attacks on appeal.

 
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