Keo

I. INTRODUCTION

20 Plaintiff Chanht Keo (“Keo”) brings this action against Defendant Federal Home Loan Mortgage Corporation (“Freddie Mac”) alleging that Freddie Mac’s nonjudicial foreclosure of Keo’s former residence at 18 Falmouth Cove in San Rafael (the “property”)—where Keo still resides pending eviction—violated her Fifth Amendment right to due process. Keo also brings a claim for cancellation of instruments, alleging that Freddie Mac’s subsequent purchase of the property using a “credit bid” at a trustee sale was invalid and should therefore be rescinded. Freddie Mac moves to dismiss, arguing first and foremost that both of Keo’s claims are barred by res judicata, given the multiple prior state court decisions dismissing Keo’s earlier challenges to to intervene as Conservator of Freddie Mac and adopted the pending motion. Pursuant to Civil Local Rule 7-1(b), the motion is suitable for disposition without oral argument, and the hearing set for September 26, 2019 is vacated. Because the foreclosure in question has already been scrutinized and uniformly endorsed in numerous prior state court proceedings, in which all of 5 …