United States Ninth Circuit
Johnson v. Fed. Home Loan Mortgage Corp., 13-35596
In a dispute arising after a home was foreclosed brought by the homeowner against Freddie Mac, alleging claims for breach of contract and breach of fiduciary duty, the district court's Fed. R. Civ. P. 12(b)(6) dismissal is affirmed where: 1) homeowner failed to allege facts that would establish that Freddie Mac had a contractual duty to service the loan where Freddie Mac never agreed to assume the servicing obligations when it purchased the loan from Taylor Bean; 2) the Deed of Trust provided that the obligations would remain with Taylor Bean; and 3) Washington law did not prohibit the arrangement.
Appellate Information
- Decided 07/14/2015
- Published 07/14/2015
Judges
Court
- United States Ninth Circuit