Ben McIndoe v. Jpmorgan Chase Bank, N. A.

MEMORANDUM

After running into financial difficulties, Ben and Chariti Mclndoe sought to modify the terms of their home loan. At that time, Deutsche Bank National Trust Co. (“Deutsche Bank”) held the beneficial interest in the deed of trust, and JPMorgan Chase Bank, N.A. (“Chase”) acted as the loan servicer. After the modification was denied, Deutsche Bank initiated foreclosure proceedings. The Mclndoes then filed this quiet title action against Deutsche Bank and Chase, seeking a declaration that the Mclndoes are “the rightful holder[s] of title to the property.” The district court granted a motion to dismiss because the Mclndoes had not alleged that they had paid (or offered to pay) the outstanding balance of the home loan. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. We review de novo a dismissal for failure to state a claim. Sheppard v. David Evans & Assoc., 694 F.3d 1045, 1048 (9th Cir.2012). “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (internal quotation marks…