Kenneth Wivell v. Wells Fargo Bank, N.A.

GRUENDER, Circuit Judge.

Kenneth and Tina Wivell (“the Wivells”) appeal from the district court’s 1 denial of their motion to remand and its dismissal on the merits of their claims against Wells Fargo Bank, N.A. (“Wells Fargo”) and Kozeny & McCubbin, L.C. (“Kozeny”). For the following reasons, we affirm.

I. Background

The Wivells purchased a residential property in February 2006 using funds borrowed from Wells Fargo. As part of the borrowing process, the Wivells signed a promissory note secured by a deed of trust. The deed of trust contains a no-oral-modifications clause that provides:

Oral…