David Philip v. Bac Home Loans Servicing

MEMORANDUM

David A. Philip appeals pro se from the district court’s judgment dismissing his action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. King v. California, 784 F.2d 910, 912 (9th Cir.1986). We affirm.

The district court properly dismissed Philip’s wrongful foreclosure and quiet title claims because Philip did not allege facts showing that he was not in default on his loan when defendants initiated non judicial foreclosure proceedings. See Breliant v. Preferred Equities Corp., 112 Nev. 663 , 918 P.2d 314, 318 (1996) (per curiam) (“In a quiet title action, the burden of proof rests with the plaintiff to prove good title in himself.”); Collins v. Union Fed. Sav. & Loan Ass’n, 99 Nev. 284 , 662 P.2d 610, 623 (1983) (wrongful foreclosure claim requires allegation that a lender exercised the power of sale and foreclosed upon property when no failure of performance existed on the part of the borrower).

The district court properly dismissed Philip’s slander of title claim because Philip did not allege a false and malicious communication disparaging his title and causing damage. See Rowland v. Lepire, 99 Nev. 308 , 662…