Fidel Pajarillo v. Countrywide Home Loans, Inc.

MEMORANDUM

Fidel H. Pajarillo appeals pro se from the district court’s order dismissing his action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal. King v. California, 784 F.2d 910, 912 (9th Cir.1986). We affirm in part, and vacate in part, and remand.

The district court properly dismissed Pajarillo’s state law claims based on his mortgage being securitized because the claims lacked any legal basis given the fact that Pajarillo had contractually acknowledged that the interest of the originating lender in the loan could be transferred. Cf. Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1039 (9th Cir.2011) (noting that “[i]t has become common for original lenders to bundle the beneficial interest in individual loans and sell them to investors as mortgage-backed securities, which may themselves be traded”).

The district court dismissed Pajarillo’s wrongful foreclosure claim based on defendant Mortgage Electronic Registration Systems, Inc.’s (“MERS”) initiating nonjudicial foreclosure proceedings. After the district court’s dismissal order, the Nevada Supreme Court decided Edelstein v.…