Anthony Marino v. Countrywide Financial Corp

MEMORANDUM

Anthony Marino appeals the district court’s order dismissing his claims for fraudulent concealment and violations of California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code §§ 17200 et seq. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Marino obtained two mortgage loans from Appellee Countrywide Financial Corp., secured by deeds to Marino’s home. Marino is in default on the second of these loans, and he claims that his home is worth less than he owes on the loans. Accordingly, if Countrywide’s successor, Appellee Bank of America, elects to foreclose on his home, Marino is potentially subject to a deficiency judgment. Marino alleges that Countrywide’s lending practices increased the risk that he would face such a judgment. He further alleges that Countrywide knew of, but did not disclose, this increased risk, and that he would not have accepted the second mortgage loan had he known of this risk.

1. The district court did not err in dismissing Marino’s claims for declaratory and injunctive relief as constitutionally unripe because a deficiency judgment was not “certainly impending.” Addington v. U.S. Airline Pilots Assoc., 606 F.3d 1174,…