Logan v. U.S. Bank, No. 10-55671 (9th Cir. 2013)
Annotate this CasePlaintiff sought injunctive relief and damages against the Bank after it filed an unlawful detainer action against her in state court without giving 90 days notice to vacate the foreclosed property. At issue on appeal was whether the Protecting Tenants at Foreclosure Act of 2009 (PTFA), Pub. L. No. 111-22, 701-04, 123 Stat. 1632, 1660-62, provided a private right of action. The court concluded that dismissal of the state unlawful detainer proceedings did not moot plaintiff's claim; the court agreed with the Third Circuit that the regulation of eviction proceedings "does not implicate an important state interest" under Younger v. Harris; but plaintiff had no cognizable interest under the PTFA. Accordingly, the court affirmed the district court's dismissal of the complaint.
Court Description: Protecting Tenants at Foreclosure Act. Affirming the dismissal of a complaint seeking damages and injunctive relief against a bank that filed an unlawful detainer action against the tenant of a former owner of foreclosed property, the panel held that there is no private right of action under the Protecting Tenants at Foreclosure Act of 2009. The panel held that, despite the bank’s voluntary dismissal of the unlawful detainer action, the appeal was not moot because the bank did not show that it was absolutely clear that the allegedly wrongful eviction could not reasonably be expected to recur. Agreeing with the Third Circuit, the panel held that abstention under Younger v. Harris, 401 U.S. 37 (1971), from the exercise of jurisdiction over the claim for injunctive relief was not warranted because the state detainer action did not implicate important state interests. Finally, the panel held that the tenant did not have a cognizable claim under the Protecting Tenants at Foreclosure Act because the Act does not, either explicitly or by implication, evince a congressional intent to create a private right of action.
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