Mortensen v. Mortgage Electronic Registration Systems, Inc.

MEMORANDUM

Sterling J. Mortensen appeals pro se from the district court’s judgment dismissing his action alleging federal and state law claims related to the foreclosure of his real property. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a 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 Mortensen’s claim for damages under the Truth in Lending Act (“TILA”) because it is barred by the statute of limitations and Mortensen failed to plead facts demonstrating equitable tolling should apply. See 15 U.S.C. § 1640 (e) (an action for damages under TILA must be brought within one year of the alleged violation).

The district court properly dismissed Mortensen’s Real Estate Settlement Procedures Act claim because Mor-tensen did not allege facts sufficient to show that his inquiries required a response under the Act. See 12 U.S.C. § 2605 (e) (identifying service related inquires that require a loan servicer to respond).

The district court properly dismissed Mortensen’s claims predicated on the alleged improper use of Mortgage…