Mers

Rollins v. Mortgage Electronic Registration Systems, Inc.

Good Law
578 F. App'x 700
United States Court of Appeals for the Ninth CircuitJune 12, 201412-16261California701 words

Opinion

Opinion

MEMORANDUM

Dustin Rollins appeals the district court’s order dismissing his claim for statutory wrongful foreclosure and partially dismissing his claims for tortious wrongful foreclosure, declaratory judgment, equitable relief, punitive damages and attorneys’ fees. On limited remand from this Court, the district court certified its dismissal order as an appealable final judgment under Federal Rule of Civil Procedure 54(b). Therefore, we have jurisdiction pursuant to 28 U.S.C. § 1291 .

“We review de novo the district court’s dismissal under Rule 12(b)(6) and review for abuse of discretion the denial of leave to amend.” Sylvia Landfield Trust v. City of Los Angeles, 729 F.3d 1189, 1191 (9th Cir.2013) (citation omitted). We affirm, but remand for entry of an order permitting Rollins to file a motion for leave to amend.

Rollins’s claim for statutory wrongful foreclosure fails. Defendants Mortgage Electronic Registration Systems, Inc. and MERSCORP, Inc. (together, “MERS”) had the legal authority to send Rollins the foreclosure notice under Ga.Code Ann. § 44-14-162.2 and to foreclose under Ga. Code Ann. § 44-14-162 (b), even though MERS was not the holder of the note. You v. JP…

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