TORRUELLA, Circuit Judge.
Giroux filed suit against Defendants-Appellees Federal National Mortgage Association ("Fannie Mae") and MERSCORP Holdings, Inc., seeking an order enjoining the foreclosure sale of her home. The district court dismissed her claim, finding that it was barred on res judicata grounds in light of a similar case that she had brought in Belknap Superior Court in New Hampshire and which had been dismissed. Giroux moved to vacate the district court's judgment under Rule 60 of the Federal Rules of Civil Procedure, a request which the district court summarily denied. Giroux solely appeals the denial of her Rule 60 motion, contending that the district court was required to provide reasoning for its order under Ungar v. Palestine Liberation Org., 599 F.3d 79 (1st Cir.2010). We affirm.
In January 2007, Giroux executed a promissory note with American Home Mortgage Corporation ("AHMC"), secured by a mortgage on her home held by Mortgage Electronic Registrations Systems, Inc. ("MERS") as nominee for AHMC. In November 2008, the mortgage and note were assigned to Fannie Mae. In August 2011, Giroux filed suit in Belknap Superior Court, contending that Fannie Mae, Bank
A foreclosure sale was scheduled for January 7, 2014. On January 6, Giroux filed a new complaint against Fannie Mae and MERSCORP Holdings
"[R]elief under Rule 60(b) is extraordinary in nature and . . . motions invoking that rule should be granted sparingly." Karak v. Bursaw Oil Corp., 288 F.3d 15, 19 (1st Cir.2002). A party seeking redress under Rule 60(b)
Id. "[O]ur review is limited to the denial of the contested motion itself; we may not consider the merits of the underlying judgment." Ojeda-Toro v. Rivera-Méndez, 853 F.2d 25, 28 (1st Cir.1988). Given the district court's familiarity with the record and proceedings below, we review the district court's decision to grant or deny relief under Rule 60(b) for an abuse of discretion. Id. "Abuse occurs when a material factor deserving significant weight is ignored, when an improper factor is relied upon, or when all proper and no improper factors are assessed, but the court makes a serious mistake in weighing them." Bouret-Echevarría v. Caribbean Aviation Maint. Corp., 784 F.3d 37, 43 (1st Cir. 2015) (quoting Indep. Oil & Chem. Workers of Quincy, Inc. v. Procter & Gamble Mfg. Co., 864 F.2d 927, 929 (1st Cir.1988)).
Rule 60 is separated into six subsections, each of which "describes a particular basis for relief from judgment." Ungar, 599 F.3d at 83. Giroux seeks relief under three of these subsections, which are described in more detail herein.
Under Rule 60 of the Federal Rules of Civil Procedure, a "court may relieve a party or its legal representative from a final judgment, order, or proceeding." Fed.R.Civ.P. 60(b). Giroux contends that the district court erred in failing to provide an explanation for denying her Rule 60 motion. She relies on this
Rule 60(b)(2) provides relief for litigants who present "newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b)." In her Rule 60 motion, Giroux explains that Paragraph 22 of her mortgage requires that a lender provide notice containing certain information to the borrower before proceeding with foreclosure, and that, after the district court issued its order dismissing the case, Giroux received a letter from Bank of America's attorney stating that Bank of America was unable to locate the Paragraph 22 notice. But Giroux was aware that the Paragraph 22 notice was missing when this case was pending before the Merrimack Superior Court. Indeed, in her Rule 60 motion, Giroux asserted that she had received a letter from Fannie Mae's foreclosure counsel in December 2013 stating that "[w]e do not have a copy of the notice at this time" and that she submitted an affidavit to the Merrimack Superior Court averring that she did not recall receiving the notice. Further evidence corroborating these allegations does not warrant relief under Rule 60(b)(2). See Morón-Barradas v. Dep't of Educ. of the Commonwealth of P.R., 488 F.3d 472, 482 (1st Cir.2007) (finding that new evidence "which at best is merely cumulative" of previously submitted materials does not satisfy Rule 60(b)(2)); U.S. Steel v. M. DeMatteo Constr. Co., 315 F.3d 43, 52 (1st Cir.2002) ("A party is entitled to relief, under Rule 60(b)(2), . . . where . . . the evidence is not merely cumulative or impeaching.").
A party may seek relief under Rule 60(b)(3) where a litigant can demonstrate "fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party." Fed.R.Civ.P. 60(b)(3). Giroux alleges that the mere fact that the defendants intended to proceed with the foreclosure absent the requisite Paragraph 22 notice evinces that
Rule 60(b)(6) is a "catch-all provision" that "authorizes the district court to grant relief from judgment for `any other reason that justifies relief.'" Ungar, 599 F.3d at 83 (quoting Fed. R.Civ.P. 60(b)(6)). "The high threshold required by Rule 60(b)(6) reflects the need to balance finality of judgments with the need to examine possible flaws in the judgments." Bouret-Echevarría, 784 F.3d at 42. In her Rule 60 motion, Giroux analogizes to this Court's refusal, in Ungar, to impose a bar to Rule 60(b)(6) relief for certain default judgments. She contends that Ungar required the district court to analyze her action on a discretionary basis rather than categorically barring it on res judicata grounds. But, by its terms, the reasoning in Ungar was limited to instances of "willful defaults" in the context of Rule 60, 599 F.3d at 84, and does not extend to all instances where litigants' claims are subject to procedural bars.
The judgment of the district court is affirmed.