Apao

Plaintiff-appellant Margaret Apao lost her home to a foreclosure and sale under procedures provided for in her mortgage contract and authorized under Hawaii’s non-judicial foreclosure statute. See Haw. Rev.Stat. § 667-5. She filed this action in federal district court challenging that statute as violating the due process clause of the Fourteenth Amendment.

The district court dismissed the case for failure to state a claim because the sale was a purely private remedy and involved no state action. Apao appealed. In effect, she asks us to reconsider the round of decisions by this circuit and others a generation ago that upheld the constitutionality of similar statutorily authorized sale procedures. See, e.g., Charmicor, Inc. v. Deaner, 572 F.2d 694, 696 (9th Cir.1978); cf. Adams v. S. Cal. First Nat’l Bank, 492 F.2d 324 (9th Cir.1974). We conclude there has been no legal or historical development in the intervening years that would require a departure from prior authority. We therefore affirm.

Margaret Apao obtained an approximately $280,000 mortgage on her Honolulu residence in June of 1997 from defendant San Diego Home Loans, Inc. The mortgage agreement included the following…