Martha Rodriguez v. Quality Loan Service Corporati

MEMORANDUM

Martha Rodriguez appeals the district court’s dismissal of her claims against Wells Fargo, Midland Mortgage, and Mid-First Bank. Rodriguez fell behind on her mortgage payments and faced foreclosure. She alleges that she contracted with Wells Fargo for a “reverse mortgage” on her home, with sufficient proceeds to be paid to Midland to cure the default on her home loan. Wells Fargo did not approve and fund the loan before Midland foreclosed on and sold the house at a Trustee’s Sale. Rodriguez was then evicted.

The district court had jurisdiction under 28 U.S.C. § 1332 . This court has jurisdiction under 28 U.S.C. § 1291 .

We review the district court’s dismissal of Rodriguez’s claims de novo. Lyon v. Chase Bank USA, N.A., 656 F.3d 877, 883 (9th Cir.2011) (stating that a motion to dismiss for failure to state a claim is “functionally identical” to a motion to dismiss on the pleadings) (quoting Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir.1989)).

Rodriguez claims that Midland lacked appropriate authority to conduct the Trustee’s Sale of her home because it was not the holder of the underlying note secured by the deed of trust. We affirm the district…