Fhlmc

MEMORANDUM

J. Lydia and Eutimio Hernandez appeal pro se from the district court’s judgment dismissing their action alleging federal and state law claims arising from foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. D-Beam Ltd. P’ship v. Roller Derby Skates, Inc., 366 F.3d 972 , 974 n.2 (9th Cir. 2004) (denial of motion to remand); Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir. 2002) (dismissal on the basis of claim preclusion). We affirm.

Denial of the motion to remand was proper because the Federal Home Loan Mortgage Corporation (“FHLMC”) was a party and appellants brought a claim alleging a violation of the Real Estate Settlement Practices Act. See 12 U.S.C. § 1452 (f) (before trial, the FHLMC may remove any civil action to which it is a party); 28 U.S.C. § 1331 (district courts have original jurisdiction of all civil actions arising under the laws of the United States); 28 U.S.C. § 1441 (a) (a defendant may remove a civil action when district courts have original jurisdiction); see also Van Houten v. Ralls, 411 F.2d 940, 942 (9th Cir. 1969) (district court implicitly denied motion to remand when it granted motion to dismiss).…