Richard Geddes v. HSBC Bank USA

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT FEB 27 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS RICHARD GEDDES and DELANIA No. 12-16550 GEDDES, husband and wife, D.C. No. 2:12-cv-00667-FJM Plaintiffs - Appellants, District of Arizona, Phoenix v. HSBC BANK USA, NATIONAL MEMORANDUM* ASSOCIATION, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2006-15, a Delaware corporation; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”), a Delaware corporation; WELLS FARGO BANK, NA; WELLS FARGO HOME MORTGAGE, INC.; WELLS FARGO ASSET SECURITIES CORPORATION, Defendants - Appellees. Appeal from the United States District Court for the District of Arizona Frederick J. Martone, Senior District Judge, Presiding Argued and Submitted February 14, 2014 * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Cir. R. 36-3. San Francisco, California Before: TALLMAN and RAWLINSON, Circuit Judges, and GARBIS, Senior District Judge.** Richard and Delania Geddes brought a nine-count complaint in the Superior Court of Maricopa County, Arizona, seeking to stop the non-judicial foreclosure of their house after they defaulted on their loan payments. The case was removed to federal court. The district court granted the defendants’ motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Geddes v. HSBC Bank USA, CV-12-0667-PHX-FJM, 2012 WL 1977277 (D. Ariz. June 1, 2012). The Geddes appeal. Jurisdiction lies under 28 U.S.C. § 1291. We review de novo, Zadrozny v. Bank of New York Mellon, 720 F.3d 1163, 1167 (9th Cir. 2013), and affirm for the reasons stated by the district court. AFFIRMED. ** The Honorable Marvin J. Garbis, Senior United States District Judge for the District of Maryland, sitting by designation. 2