Kirk Carmichael v. Washington Mutual Bank, F.A.

MEMORANDUM

Kirk M. Carmichael and Dawn D. Carmichael appeal pro se from the district court’s order dismissing their action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim. King v. California, 784 F.2d 910, 912 (9th Cir.1986). We affirm.

The district court properly dismissed the wrongful foreclosure claims because JP Morgan Chase Bank (“Chase”) had statutory authority to initiate non-judicial foreclosure proceedings. See Cal. Civ. Code § 2924 (a)(1); see also Moeller v. Lien, 25 Cal.App.4th 822 , 30 Cal.Rptr.2d 777, 782 (1994) (“Upon default by the trustor, the beneficiary may declare a default and proceed with a nonjudicial foreclosure sale.”).

The district court properly dismissed the claims against Chase based on allegations of wrongful conduct by Washington Mutual Bank because, under the Purchase and Assumption Agreement between Chase and the Federal Deposit Insurance Corporation, Chase did not assume any liability associated with borrower claims against Washington Mutual Bank. See 12 U.S.C. § 1821 (d)(2)(G)(i)(II) (authorizing FDIC to transfer “any asset or liability” of the…