Elena Margaritis v. Bac Home Loans Servicing Lp

MEMORANDUM

Elena Margaritis appeals pro se from the district court’s judgment dismissing her action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Zadrozny v. Bank of N.Y. Mellon, 720 F.3d 1168, 1167 (9th Cir.2013), and we affirm.

The district court properly dismissed Margaritis’s claims under the Truth in Lending Act (“TILA”), the Home Ownership and Equity Protection Act (“HOE-PA”), and the Real Estate Settlement and Procedures Act (“RESPA”), and Margari-tis’s claims for breach of fiduciary duty and unjust enrichment as time-barred because Margaritis filed her action more than four years after the alleged violations. See 12 U.S.C. § 2614 (prescribing at most a three-year statute of limitations for violations of RESPA); 15 U.S.C. §§ 1635 (f), 1640(e) (TILA action for rescission must be brought within three years of consummation of the loan; an action for damages under TILA and HOEPA must be brought within one year of the alleged violation); Ariz.Rev.Stat. § 12-542 (prescribing two-year statute of limitations for claims of breach of fiduciary duty); Ariz.Rev.Stat. § 12-543 (prescribing three-year statute of limitations for…