Karen Logan v. Us Bank National Association

We consider here an issue of first impression — whether the Protecting Tenants at Foreclosure Act of 2009 (“PTFA” or “the Act”) provides a private right of action. Pub.L. No. 111-22, § 701-04 , 123 Stat. 1632 , 1660-62 (2009). Karen Logan sought injunctive relief and damages against U.S. Bank National Association (“US Bank”) after it filed an unlawful detainer action against her in state court without giving 90 days notice to vacate the foreclosed property as required by the Act. Although we disagree with the district court’s abstention from exercising jurisdiction over Logan’s injunctive relief claim under Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971), we nevertheless affirm dismissal of the complaint because the Act does not create a private right of action allowing Logan to enforce its requirements.

Background

Logan claims that she was the tenant of the former owner of a property located in Westlake Village, California. US Bank took title to the property at foreclosure in June 2009. According to Logan, U.S. Bank served her with a three-day notice of termination and then immediately initiated an unlawful detainer action in Los Angeles Superior…