Michael Boyd v. Gmac Mortgage LLC

MEMORANDUM

Michael E. Boyd appeals pro se from the district court’s judgment dismissing his action alleging various claims concerning two mortgage loan agreements. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th Cir.2011). We may affirm on any ground supported by the record, Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008), and we affirm.

The district court properly dismissed Boyd’s quiet title claim because Boyd stopped making payments on his loans, was not released of his obligations under the loans, and Boyd’s deeds of trust authorized defendant to initiate foreclosures. See Cal. Civ.Code § 2924(a)(1); see also Gomes v. Countrywide Home Loans, Inc., 192 Cal.App.4th 1149 , 121 Cal.Rptr.3d 819, 823-24 (2011) (California law does not “provide for a judicial action to determine whether the person initiating the foreclosure process is indeed authorized”).

The district court properly dismissed Boyd’s claims related to two contracts as time-barred because the claims accrued in December 2006 and January 2007 when the contracts were formed, and Boyd did not file his original complaint until…