FILED
NOT FOR PUBLICATION JUL 02 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DONESSA L. HORSEWOOD, No. 12-35094
Plaintiff - Appellant, D.C. No. 3:11-cv-00335-MO
v.
LSI TITLE COMPANY OF OREGON, MEMORANDUM*
LLC; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Oregon
Michael W. Mosman, District Judge, Presiding
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
Donessa L. Horsewood appeals pro se from the district court’s judgment
dismissing her action arising out of foreclosure proceedings. We have jurisdiction
under 28 U.S.C. § 1291. We review de novo. Cervantes v. Countrywide Home
Loans, Inc., 656 F.3d 1034, 1040 (9th Cir. 2011). We may affirm on any basis
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
supported by the record, Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116,
1121 (9th Cir. 2008), and we affirm.
Dismissal of Horsewood’s wrongful foreclosure claim was proper because
Horsewood does not dispute that she received notice of the trustee’s sale and,
therefore, her interest in the property was “foreclosed and terminated” by the
trustee’s sale. Or. Rev. Stat. § 86.797(1) (formerly § 86.770(1)); see also NW
Property Wholesalers, LLC v. Spitz, 287 P.3d 1106, 1109-10 (Or. Ct. App. 2012)
(reviewing statutory framework and stating that a trust deed foreclosure sale
terminates the interest of those who received proper notice).
Dismissal of Horsewood’s claim for violation of the Fair Debt Collection
Practices Act was proper because Horsewood did not allege facts showing that
defendants fell within the statutory definition of “debt collector.” 15 U.S.C.
§ 1692a(6) (defining “debt collector”); Schlegel v. Wells Fargo Bank, NA, 720 F.3d
1204, 1209 (9th Cir. 2013) (plaintiff failed to allege facts sufficient to show that
mortgagee was a “debt collector” under 15 U.S.C. § 1692a(6)).
AFFIRMED.
2 12-35094