Rodolfo Velasquez v. Chase Home Finance LLC

MEMORANDUM

Rodolfo Velasquez appeals pro se from the district court’s judgment dismissing his action arising from foreclosure proceedings and defendants’ alleged failure to process his loan modification applications. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6). Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th Cir.2011). We affirm.

The district court properly dismissed Velasquez’s wrongful foreclosure claim arising under the Home Affordable Modification Program (“HAMP”) because Velasquez failed to state a cognizable claim for relief. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir.2010) (although pro se pleadings are to be liberally construed, a plaintiff must present factual allegations sufficient to state a plausible claim for relief); see also 12 U.S.C. § 5219a (providing guidelines for HAMP, a federal program whereby the United States government privately contracts with banks to provide incentives to enter into residential mortgage modifications); Astra USA, Inc. v. Santa Clara County, - U.S. -, 131 S.Ct. 1342, 1347 , 179 L.Ed.2d 457 (2011) (private right of…