United States Ninth Circuit
Cervantes v. Countrywide Home Loans, Inc., 09-17364
In an appeal from a judgment of the district court dismissing, without leave to amend, plaintiffs' complaint for failure to state a claim in a putative class-action challenging the origination and foreclosure procedures for home loans maintained within the Mortgage Electronic Registration System (MERS) and alleging violations of the Truth in Lending Act, 15 U.S.C. section 1601 et seq., the Arizona Consumer Fraud Act, Ariz. Rev. Stat. 44-1522, and derivative tort claims, judgment is affirmed where: 1) although the plaintiffs allege that aspects of the MERS system are fraudulent, they cannot establish that they were misinformed about the MERS system, relied on any misinformation in entering into their home loans, or were injured as a result of the misinformation; and 2) Arizona state law does not recognize a cause of action for wrongful foreclosure.
Appellate Information
- Decided 09/07/2011
- Published 09/07/2011
Judges
- CALLAHAN
Court
- United States Ninth Circuit