Henry Tapper v. Deutsche Bank National Trust

MEMORANDUM

Henry J. Tapper lost his home to foreclosure. He filed suit against Deutsche Bank National Trust Company and OneW-est Bank, FSB, challenging the trustee’s sale. The district court dismissed Tapper’s claims under Federal Rule of Civil Procedure 12(b)(6). Tapper timely appealed. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal of Tapper’s claims. Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1030 (9th Cir.2008). We affirm.

1. The district court properly dismissed the breach of contract claim in the amended complaint alleging violation of Treasury Department directives. Tapper alleged that OneWest violated Treasury Department directives providing guidance to mortgage loan servicers who contracted with the government to participate in the Home Affordable Modification Program (HAMP). Even assuming OneWest agreed to abide by the directives when it contracted with the government — a fact Tapper’s amended complaint did not allege — the district court properly concluded that Tapper lacks standing to bring this claim. See Astra USA, Inc. v. Santa Clara Cnty., Cal, — U.S. -,- -, 131 S.Ct. 1342, 1347-48 , 179 L.Ed.2d 457…