Kim Carson v. Bank of America

MEMORANDUM

Kim and Jim Carson appeal the district court’s judgment dismissing their action against Bank of America (“BOA”) arising out of foreclosure proceedings as to two of them properties (“Willow Property” and “Connecticut Property,” respectively). We have jurisdiction under 28 U.S.C. § 1291 . We review the dismissal 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.

1. Upon the Carsons’ default, BOA had statutory authority to initiate nonjudicial foreclosure proceedings. See Cal. Civ.Code § 2924(a)(1). Although the Carsons argue they failed to receive proper foreclosure and arrearage notice from BOA, their argument is without support in the record and contrary to California statutory law. California Civil Code § 2924(c) contains a conclusive presumption with regard to notices and regularity of the foreclosure procedure. According to the statute, if the trustee’s deed recites that all statutory notice requirements and procedures required by law as to the foreclosure have been satisfied, the deed shall constitute…